Courtesy copies are required for ex parte documents. Details: delivery immediately upon filing, by email. Paper ex parte filings require digital courtesy copy to efile_cheeks@casd.uscourts.gov.
Judge Benjamin J. Cheeks's rules set a pre-motion procedure for covered motions. Motions must be filed at least 14 days before the noticed hearing date.
Judge Benjamin J. Cheeks' rule states these limits: 25 pages. Trial briefs are limited to 25 pages.
Judge Benjamin J. Cheeks' rule states these limits: 10 pages. Reconsideration motions limited to 10 pages, no attachments or exhibits.
Judge Benjamin J. Cheeks' formatting rule includes file format docx and documents submitted in word perfect will be rejected by the court. Proposed orders and documents must be submitted in Microsoft Word format; Word Perfect is rejected.
The rule requires notice of electronic filing. Proposed orders must be emailed in Microsoft Word format; Word Perfect documents will be rejected.
The rule requires joint set required and separate objections required. Joint jury instructions required with separate objections.
Parties may contact Judge Benjamin J. Cheeks' chambers by phone only as allowed by the rule. The rule lists phone (619) 557-6038. Counsel must call Courtroom Deputy Clerk to report case disposition before motion calendar.
A motion to seal is required for covered sealed filings before Judge Benjamin J. Cheeks. Process: file redacted on ecf and file unredacted to chambers. Motion to seal must include description, legal analysis, supporting affidavits, and documents.
Judge Benjamin J. Cheeks's rules specify what an adjournment or extension request must include. The request must include reason for request, original date, number of previous requests, previous requests granted or denied, adversary position, and proposed new dates. Continuance requests require joint or unopposed motion.
Yes. Judge Benjamin J. Cheeks's rules include a junior lawyer participation incentive. Junior lawyers (under 5 years) may increase likelihood of oral argument on civil motions.
Proposed orders must be emailed in Microsoft Word format; Word Perfect documents will be rejected.
Letters/emails to chambers are prohibited unless specifically requested by the Court.
Contact Courtroom Deputy for scheduling; call chambers for other matters.
Bail matters referred to magistrate judges unless trial is set, guilty plea accepted, or Judge Cheeks set bond.
Criminal matters heard Mondays at 9:30 a.m. and 2:00 p.m.
Parties must notify Courtroom Deputy at earliest possible time for continuance requests.
Continuance requests require joint or unopposed motion.
Sentencing continuances limited to 60 days and max 2 continuances.
Continuance requests should be made by joint motion before hearing, not at hearing.
Joint jury instructions required with separate objections.
Joint motions to continue must include reasons, defendant acknowledgment, and Speedy Trial Act exclusions.
Continuance requests must be made at least 3 court days before hearing.
Example: Monday hearing continuance must be filed by 5:00 p.m. Wednesday.
Attorneys must confer within 14 days after arraignment to agree on timetable.
Discovery timetable and Rule 16 expert disclosure must be submitted 7 days before first motion hearing.
Motions must be filed 14 days before hearing date under Criminal Local Rule 47.1.
Reply briefs and supplemental documents require leave of court and must be filed at least 7 days before hearing.
All motions and ex parte applications require a non-conclusory declaration with specific reasons.
Paper ex parte filings require digital courtesy copy to efile_cheeks@casd.uscourts.gov.
Most motions must be filed 14 days before hearing date.
Opposition briefs must be filed 7 days before hearing date.
Continuance requests must be filed at least 3 court days before hearing.
Witness and exhibit lists due 7 days before trial.
Local Rule 16.1 report of counsel must be on file with discovery timetable and Rule 16 expert disclosure.
Criminal motions requiring factual findings must be supported by declaration(s).
Courtesy copies required for documents over 20 pages.
Sealed documents require digital courtesy copy to efile email.
Motion to seal must include description, legal analysis, supporting affidavits, and documents.
Denied motions to seal result in immediate public filing on CM/ECF.
Motions to seal must include next scheduled hearing date.