Courtesy copies are required for motions. Details: 2 copies, delivery upon filing, by hand delivery. Motions (except US) require two conformed copies filed with the Court.
Judge Cathy Ann Bencivengo's rules set a pre-motion procedure for motions in limine. Motions in limine due 2 weeks before hearing; opposition due 1 week before.
Judge Cathy Ann Bencivengo's formatting rule includes excerpted to relevant material, clearly labeled, dated, tabbed, indexed, and do not include documents already on docket. Exhibits must be excerpted, labeled, dated, tabbed, indexed; do not include documents already on docket.
The rule requires certificate of service. Sentencing summary charts must be filed 7 days before sentencing hearing.
The rule requires proposed order. Proposed jury instructions due 5 court days before trial; supplemental instructions filed immediately.
Parties may contact Judge Cathy Ann Bencivengo's chambers by letter ecf only as allowed by the rule. Letters to chambers are prohibited unless specifically requested by the Court.
A motion to seal is required for covered sealed filings before Judge Cathy Ann Bencivengo. Process: file redacted on ecf and file unredacted to chambers. Motion to seal must be filed at least 7 calendar days before non-discovery motion.
Judge Cathy Ann Bencivengo's rules specify what an adjournment or extension request must include. The request must include reason for request, original date, proposed rescheduled date, and grounds for continuance. Requests within 24 hours require a phone call. Continuance requests must be made to Courtroom Deputy; subsequent requests require joint motion filed 48 hours before appearance.
Yes. Judge Cathy Ann Bencivengo requires bundling for covered papers. Motions must be set for hearing 35 days after filing.
Yes. Judge Cathy Ann Bencivengo's rules include a junior lawyer participation incentive. Rule 11 pleas encouraged before magistrate judge; district judge pleas at pretrial motion date or scheduled.
Motions are heard on Friday at 11:00 AM; changes require Courtroom Deputy approval.
Letters to chambers are prohibited unless specifically requested by the Court.
Faxes to chambers are prohibited unless specifically requested by the Court.
Questions about criminal matters should be directed to Courtroom Deputy.
Continuance requests must be made to Courtroom Deputy; subsequent requests require joint motion filed 48 hours before appearance.
Motions (except US) require two conformed copies filed with the Court.
Counsel must notify Courtroom Deputy immediately if disposition will occur at motions.
Rule 11 pleas encouraged before magistrate judge; district judge pleas at pretrial motion date or scheduled.
Immediate sentencing available for immigration cases upon request.
Sentencing summary charts must be filed 7 days before sentencing hearing.
Motions in limine due 2 weeks before hearing; opposition due 1 week before.
Proposed jury instructions due 5 court days before trial; supplemental instructions filed immediately.
Courtroom Deputy provides jury panel list and seating chart; jurors 1-32 questioned.
Court conducts initial voir dire; counsel may follow up with 10 minutes per side on non-complex cases.
Challenges for cause exercised outside jury's presence; replaced by new venire panelists before peremptory challenges.
Peremptory challenges exercised alternately outside jury's presence by calling out juror numbers.
Peremptory challenge sequence: Gov 1, Def 2 (4 rounds), then Gov 1, Def 1 (2 rounds) = 6 Gov, 10 Def.
Peremptory challenges limited to jurors 1-28; alternates selected from 29-32.
Passing once during peremptory challenges forfeits remaining challenges.
Peremptory challenges can target any juror except alternates (29-32).
First 12 unchallenged jurors become the jury after peremptory challenges.
Each side gets one final peremptory challenge for alternates (29-32) after jury selected.
Two alternates selected from remaining unchallenged panelists.
Attorneys prohibited from entering well except during voir dire, opening, and closing.
Witness examination must be conducted from the podium.
Witness approach requires court permission and must be brief.
Only one attorney per party may examine a witness and make objections for that witness.
Objections limited to legal grounds; speaking objections prohibited unless court requests.
Attorneys prohibited from talking to each other in jury's presence; seek court clarification instead.
Sidebar conferences disfavored; requests to speak to court outside jury's presence should be at recess start or day end.