Southern District of California Adjournment & Extension Requirements

CRITICALCriminal cases

Continuance requests must be filed or emailed to the courtroom deputy by close of business two court days before the hearing (oral motions generally denied), with late-breaking emergencies raised as soon as possible along with an explanation of the exigency.

Timing: Oral continuance motions will generally be denied. Any continuance request must be filed or emailed to the courtroom deputy by close of business, two court days before the hearing. For any late-breaking, unforeseen emergencies, the continuance request must be made as soon as possible and explain the exigency.

CRITICALCriminal cases

Continuance requests must be filed 2 court days before hearing; emergencies require immediate explanation.

Oral continuance motions will generally be denied. Any continuance request must be filed or emailed to the courtroom deputy by close of business, two court days before the hearing. For any late-breaking, unforeseen emergencies, the continuance request must be made as soon as possible and explain the exigency.

CRITICALCriminal cases

Continuance requests must be submitted by close of business two court days before the hearing, with emergency requests filed as soon as possible and explaining the exigency.

Any continuance request must be filed or emailed to the courtroom deputy by close of business, two court days before the hearing. For any late-breaking, unforeseen emergencies, the continuance request must be made as soon as possible and explain the exigency.

CRITICALCriminal cases

Continuance requests must be filed or emailed to the courtroom deputy by close of business two court days before the hearing (oral motions generally denied), with late-breaking emergencies raised as soon as possible along with an explanation of the exigency.

Timing: Oral continuance motions will generally be denied. Any continuance request must be filed or emailed to the courtroom deputy by close of business, two court days before the hearing. For any late-breaking, unforeseen emergencies, the continuance request must be made as soon as possible and explain the exigency.

CRITICALCriminal cases

For a late-breaking, unforeseen emergency, a continuance request must be made as soon as possible and explain the exigency.

For any late-breaking, unforeseen emergencies, the continuance request must be made as soon as possible and explain the exigency.

CRITICALCriminal cases

A continuance request must be filed or emailed to the courtroom deputy by close of business two court days before the hearing.

Any continuance request must be filed or emailed to the courtroom deputy by close of business, two court days before the hearing.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

Continuance requests require joint or unopposed motion.

All continuance requests require a joint or unopposed motion to continue.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

Continuance requests must be made via joint or unopposed motion.

All continuance requests require a joint or unopposed motion to continue.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

Continuance requests require joint or unopposed motion.

All continuance requests require a joint or unopposed motion to continue.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

Continuance requests must be made via joint or unopposed motion.

All continuance requests require a joint or unopposed motion to continue.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCivil cases

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.

CRITICALCivil cases

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

CRITICALCriminal cases

A continuance request must be made by joint or unopposed motion.

All continuance requests require a joint or unopposed motion to continue.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

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.

CRITICALCriminal cases

All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy. Initial requests for continuances can be made telephonically to the Courtroom Deputy. For any subsequent requests, if counsel both agree to the requested continuance, a joint motion should be filed and a proposed order should be emailed no later than 48 hours before the scheduled appearance. The joint motion and order should include the original date, the requested date for continuance, and the grounds for continuance.

All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy. Initial requests for continuances can be made telephonically to the Courtroom Deputy. For any subsequent requests, if counsel both agree to the requested continuance, a joint motion should be filed and a proposed order should be emailed no later than 48 hours before the scheduled appearance. The joint motion and order should include the original date, the requested date for continuance, and the grounds for continuance.

CRITICALCivil cases

Telephonic appearance requests require ex parte application filed at least one week before hearing.

All requests by parties to appear telephonically will be made by filing a document entitled “Ex Parte Application for Telephonic Appearance,” setting forth good cause for the request to appear telephonically. The ex parte application will be filed at least one week prior to the hearing.

CRITICALCriminal cases

All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy. Initial requests for continuances can be made telephonically to the Courtroom Deputy. For any subsequent requests, if counsel both agree to the requested continuance, a joint motion should be filed and a proposed order should be emailed no later than 48 hours before the scheduled appearance. The joint motion and order should include the original date, the requested date for continuance, and the grounds for continuance.

All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy. Initial requests for continuances can be made telephonically to the Courtroom Deputy. For any subsequent requests, if counsel both agree to the requested continuance, a joint motion should be filed and a proposed order should be emailed no later than 48 hours before the scheduled appearance. The joint motion and order should include the original date, the requested date for continuance, and the grounds for continuance.

CRITICALCriminal cases

All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy Clerk at the number above.

All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy Clerk at the number above.

CRITICALCriminal cases

All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy Clerk at the number above.

All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy Clerk at the number above.

CRITICAL

Travel modification requests must be filed at least 4 court days in advance.

A party seeking a modification of their conditions of release to travel must file the request at least four court days in advance of their anticipated date of travel or show good cause why the request was submitted later than that.

CRITICALCivil cases

Joint motion and proposed order required for agreed continuances.

If the parties reach an agreement, they must file a joint motion with a declaration explaining the reasons for the requested continuance or extension of time. The parties must also email a proposed order in Word (.doc) format to efile_simmons@casd.uscourts.gov.

CRITICALCivil cases

Such a motion should be filed at least two (2) Court days prior to the event or deadline that the moving party seeks to continue.

Such a motion should be filed at least two (2) Court days prior to the event or deadline that the moving party seeks to continue.

CRITICALCivil cases

Parties must obtain leave of Court (stipulations alone are not binding) to extend the deadline to raise a discovery dispute with the Court.

The parties are required to obtain leave of Court to extend a deadline to raise a discovery dispute with the Court.

CRITICALCivil cases

Continuance motions must include the original dates, the number of prior continuance requests, good cause, opposition status, effect on other case management dates, and a declaration explaining why the deadlines cannot be met.

The motion shall include: A. The original deadline(s) or date(s); B. The number of previous requests for continuance; C. A showing of good cause for the request; D. Whether the request is opposed and why; E. Whether the requested continuance will affect other case management dates; and F. A declaration from counsel of record detailing the steps taken to comply with the dates and deadlines set in the order, and the specific reasons why the deadlines cannot be met.

CRITICALCivil cases

Continuance requests must be filed as a joint motion under Civil L.R. 7.2 or, if opposed, as an ex parte motion under Civil L.R. 83.3(g), and no hearing date needs to be obtained.

Any request to continue shall be filed as a joint motion pursuant to Civil Local Rule 7.2 or, if opposed, as an ex parte motion pursuant to Civil Local Rule 83.3(g). Whether filed as a joint motion or an ex parte motion, the parties are not required to obtain a hearing date.

CRITICALCivil cases

Until the Court grants a joint motion affecting scheduling dates or deadlines, the parties must continue to comply with all scheduling deadlines.

the date or deadline(s) at issue. Unless and until the Court grants the joint motion, the parties must continue to comply with all scheduling deadlines.

CRITICAL

Parties must meet and confer before requesting a continuance or extension.

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.

CRITICAL

Parties must meet and confer before requesting a continuance or extension.

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.

CRITICALCriminal cases

Untimely joint motions require in-person continuance request at hearing.

If a joint motion is untimely filed, counsel will appear in person to request a continuance at the scheduled hearing.

CRITICALCriminal cases

Sentencing continuance requests must be made by noon Thursday before sentencing week.

A party seeking a continuance of a sentencing hearing must notify the courtroom deputy at the earliest possible time, but no later than noon on the Thursday prior to the following week's sentencing date.

CRITICALCivil cases

Motions must be noticed for hearing 35 days after filing.

Parties filing a noticed motion must set the hearing to be thirty-five (35) days from the motion’s filing date.

CRITICAL

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 e-file a joint motion with a declaration explaining the reasons for the requested continuance or extension of time.

CRITICAL

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 with regard to their opposition. Such a motion should be filed at least two (2) days prior to the event or deadline that the moving party seeks to continue.

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 with regard to their opposition. Such a motion should be filed at least two (2) days prior to the event or deadline that the moving party seeks to continue.

CRITICAL

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 e-file a joint motion with a declaration explaining the reasons for the requested continuance or extension of time.

CRITICAL

All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy Clerk at the number above or by email.

All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy Clerk at the number above or by email.

CRITICAL

Joint motion must include original date, requested date, grounds, prior continuances, and Speedy Trial Act exclusion if applicable.

The joint motion should include the original date, the requested date for continuance (obtained from the Courtroom Deputy Clerk prior to filing), the grounds for continuance, whether continuances of the same hearing have been requested or granted in the past, and, if applicable, an exclusion of time under the Speedy Trial Act.

CRITICAL

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 with regard to their opposition. Such a motion should be filed at least two (2) days prior to the event or deadline that the moving party seeks to continue.

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 with regard to their opposition. Such a motion should be filed at least two (2) days prior to the event or deadline that the moving party seeks to continue.

CRITICAL

If counsel stipulate to the continuance, a joint motion should be filed with chambers and a proposed order should be emailed.

If counsel stipulate to the continuance, a joint motion should be filed with chambers and a proposed order should be emailed.

CRITICALCriminal cases

All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy at the number above or by email. If counsel stipulate to the continuance, a joint motion should be filed with chambers and a proposed order should be emailed.

All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy at the number above or by email. If counsel stipulate to the continuance, a joint motion should be filed with chambers and a proposed order should be emailed.

CRITICALCriminal cases

Continuance motions must be filed 2 court days before hearing and include specific elements.

The joint motion should include the original date, the requested date for continuance (obtained from the Courtroom Deputy prior to filing), the grounds for good cause for continuance and, if applicable, an exclusion of time under the Speedy Trial Act. All motions shall be filed no later than two (2) Court days prior to the scheduled hearing.

CRITICALCriminal cases

All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy Clerk by email. If counsel stipulate to the continuance, a joint motion should be filed with chambers and a proposed order should be emailed. The joint motion must include the original date, the requested date for continuance (obtained from the Courtroom Deputy Clerk prior to filing), the grounds for continuance, and, if applicable, the basis for an exclusion of time under the Speedy Trial Act. All motions shall be filed no later than two (2) business days prior to the scheduled hearing. An acknowledgment of the next court date must be filed by all out of custody defendants simultaneously with the motion.

All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy Clerk by email. If counsel stipulate to the continuance, a joint motion should be filed with chambers and a proposed order should be emailed. The joint motion must include the original date, the requested date for continuance (obtained from the Courtroom Deputy Clerk prior to filing), the grounds for continuance, and, if applicable, the basis for an exclusion of time under the Speedy Trial Act. All motions shall be filed no later than two (2) business days prior to the scheduled hearing. An acknowledgment of the next court date must be filed by all out of custody defendants simultaneously with the motion.

CRITICALCriminal cases

All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy Clerk by email. If counsel stipulate to the continuance, a joint motion should be filed with chambers and a proposed order should be emailed. The joint motion must include the original date, the requested date for continuance (obtained from the Courtroom Deputy Clerk prior to filing), the grounds for continuance, and, if applicable, the basis for an exclusion of time under the Speedy Trial Act. All motions shall be filed no later than two (2) business days prior to the scheduled hearing. An acknowledgment of the next court date must be filed by all out of custody defendants simultaneously with the motion.

All requests for continuances should be made as soon as counsel become aware of the need for a continuance by contacting the Courtroom Deputy Clerk by email. If counsel stipulate to the continuance, a joint motion should be filed with chambers and a proposed order should be emailed. The joint motion must include the original date, the requested date for continuance (obtained from the Courtroom Deputy Clerk prior to filing), the grounds for continuance, and, if applicable, the basis for an exclusion of time under the Speedy Trial Act. All motions shall be filed no later than two (2) business days prior to the scheduled hearing. An acknowledgment of the next court date must be filed by all out of custody defendants simultaneously with the motion.

CRITICALCivil cases

Telephonic appearance requires ex parte motion filed 3 court days before hearing.

Any party requesting to appear telephonically must obtain leave of the Court by filing an ex parte motion at least three (3) court days before the scheduled hearing.

CRITICALCivil cases

Continuance/extension requests require meet-and-confer, joint motion if agreed, ex parte if not, filed 3 court days before deadline.

Parties requesting a continuance of a court date or an extension of a deadline must meet and confer with all other parties who have made an appearance prior to contacting the Court. If all appearing parties reach an agreement, they should file a joint motion. If no other parties have appeared or the appearing parties fail to reach an agreement, the party requesting the continuance or extension must file an ex parte application complying with all applicable rules and satisfying the relevant legal standard. Absent extraordinary circumstances, any request for a continuance or extension must be filed no later than three (3) court days before the relevant date.

CRITICALCivil cases

Any administrative request to the Court (i.e., extension of time, continuance of ENE, etc.) should be made to the Court by joint motion. If only one party is making the request and the other party or parties do not oppose, they should indicate that in the joint motion. If the other party or parties oppose the request, they should set forth their position in the joint motion. Ex parte applications are disfavored, and any unopposed request should be filed as a joint motion rather than an ex parte application. Counsel who force an ex parte application by refusing to participate in the filing of a joint motion will be subject to sanctions.

Any administrative request to the Court (i.e., extension of time, continuance of ENE, etc.) should be made to the Court by joint motion. If only one party is making the request and the other party or parties do not oppose, they should indicate that in the joint motion. If the other party or parties oppose the request, they should set forth their position in the joint motion. Ex parte applications are disfavored, and any unopposed request should be filed as a joint motion rather than an ex parte application. Counsel who force an ex parte application by refusing to participate in the filing of a joint motion will be subject to sanctions.

CRITICALCivil cases

Continuance requests must include the number of previous requests, good cause, whether the request is opposed, effect on other case management dates, and a declaration about compliance steps and why deadlines cannot be met.

2. The number of previous requests for continuances; 3. A showing of good cause for the request; 4. Whether the request is opposed and why; 5. Whether the requested continuance will affect other case management dates; and 6. A declaration from the counsel seeking the continuance that describes the steps taken to comply with the existing deadlines, and the specific reasons why the deadlines cannot be met.

CRITICALCivil cases

A Scheduling Order may be modified only with Court approval based on a showing of good cause.

Modification of the Scheduling Order requires the approval of the Court, which will only be granted on a showing of good cause.

CRITICALCivil cases

Any administrative request to the Court (i.e., extension of time, continuance of ENE, etc.) should be made to the Court by joint motion. If only one party is making the request and the other party or parties do not oppose, they should indicate that in the joint motion. If the other party or parties oppose the request, they should set forth their position in the joint motion. Ex parte applications are disfavored, and any unopposed request should be filed as a joint motion rather than an ex parte application. Counsel who force an ex parte application by refusing to participate in the filing of a joint motion will be subject to sanctions.

Any administrative request to the Court (i.e., extension of time, continuance of ENE, etc.) should be made to the Court by joint motion. If only one party is making the request and the other party or parties do not oppose, they should indicate that in the joint motion. If the other party or parties oppose the request, they should set forth their position in the joint motion. Ex parte applications are disfavored, and any unopposed request should be filed as a joint motion rather than an ex parte application. Counsel who force an ex parte application by refusing to participate in the filing of a joint motion will be subject to sanctions.

CRITICALCivil cases

Continuance requests must include the number of previous requests, good cause, whether the request is opposed, effect on other case management dates, and a declaration about compliance steps and why deadlines cannot be met.

2. The number of previous requests for continuances; 3. A showing of good cause for the request; 4. Whether the request is opposed and why; 5. Whether the requested continuance will affect other case management dates; and 6. A declaration from the counsel seeking the continuance that describes the steps taken to comply with the existing deadlines, and the specific reasons why the deadlines cannot be met.

CRITICALCivil cases

A Scheduling Order may be modified only with Court approval based on a showing of good cause.

Modification of the Scheduling Order requires the approval of the Court, which will only be granted on a showing of good cause.

CRITICAL

Continuance requests must state prior requests, show good cause, explain opposition, and disclose effects on case-management dates.

2. The number of previous requests for continuances; 3. A showing of good cause for the request; 4. Whether the request is opposed and why; 5. Whether the requested continuance will affect other case management dates;

CRITICAL

Continuance requests must be made by joint motion at least seven calendar days before the affected date.

All requests for continuances must be made by a joint motion no less than seven calendar days before the affected date.

CRITICAL

A continuance request must state the original deadline or date.

The request must state: 1. The original deadline or date;

CRITICAL

Extending the deadline to raise discovery disputes requires a joint motion demonstrating good cause and Court approval; the parties cannot extend it by an unapproved agreement.

The parties must file a joint motion demonstrating good cause if they seek to extend this deadline. The parties cannot extend this deadline by any agreement that is not approved by the Court.

CRITICALCivil cases

Meet and confer required in person or by phone/video for discovery disputes.

Prior to bringing any discovery dispute to the Court, counsel must meet and confer pursuant to Civil Local Rule 26.1. If counsel are in the same county, they are to meet in person; if counsel practice in different counties, they are to confer by telephone or video. Under no circumstances may counsel satisfy the “meet and confer” obligation by written or emailed correspondence.

CRITICALCivil cases

Ex parte motion required if parties cannot agree on continuance.

If the parties are unable to reach an agreement, the requesting party shall 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 shall include (1) the original and proposed dates, (2) the number of previous requests and continuances, (3) whether previous requests were granted

CRITICALCivil cases

Scheduling Order modifications require good cause and judicial consent.

As provided in Fed. R. Civ. P. 16(b)(4), modification of the dates and times set in the Scheduling Order requires good cause and judicial consent.

CRITICAL

Deposition disputes require immediate meet and confer, then call chambers if unresolved

If a dispute arises during a deposition, the parties must suspend the deposition and immediately meet and confer. If the dispute is not resolved after meeting and conferring, the parties may call chambers for an immediate ruling on the dispute. If Judge Cabrera is available, he will either rule on the dispute or give instructions on how to proceed. When leaving a voicemail with chambers, provide the case number and contact information for someone at the deposition so the Court can return the call, if possible, shortly thereafter. If Judge Cabrera is not available, the parties must mark the deposition at the point of the dispute and continue with the deposition. Upon completion of the deposition, the parties must once again meet and confer and, if the dispute is still not resolved, follow the procedures set out in sections C and D below.

CRITICAL

Discovery disputes must be initiated within 30 days of triggering event

The parties must initiate the procedure described in section C above within 30 days of the event giving rise to the dispute. For disputes regarding depositions, the event giving rise to the dispute is the date of the deposition in which the dispute arose. For disputes regarding written discovery, the event giving rise to the dispute is the date the initial response was served, or, if a party fails to respond, the date the response was due.

CRITICAL

Requests to modify deadlines must be made via a single motion signed by all counsel (except pro se), stating good cause and opposition basis; same-day motions are denied unless unavoidable.

Requests to extend, amend, continue, or vacate dates and deadlines must be made by motion. The motion must be brought as a single motion, whether or not the parties are in agreement, and signed by all counsel, except in cases involving pro se litigants. The motion must state good cause for the extension and the basis for any party’s opposition (if opposed). Motions filed on the date of the deadline sought to be modified will be denied unless it is apparent on the face of the motion that the request could not have been made earlier for reasons not within counsel’s control.

CRITICAL

Extensions of discovery dispute deadlines require leave of court and good cause; unilateral extensions by stipulation or amended responses are prohibited.

The parties may not unilaterally extend these deadlines by stipulation or by service of amended or supplemental responses. Any extension requires leave of Court upon a showing of good cause.

CRITICAL

Discovery dispute deadlines cannot be unilaterally extended; extensions require court leave and good cause showing.

The parties may not unilaterally extend these deadlines by stipulation or by service of amended or supplemental responses. Any extension requires leave of Court upon a showing of good cause.

CRITICALCriminal cases

Non-emergency travel motions must be filed 72 hours before travel.

Motions to modify conditions of release to request non-emergency travel must be submitted no later than 72 hours before the proposed travel.

CRITICALCriminal cases

Plea agreement must be submitted by noon the day before hearing.

A scanned copy of the plea agreement must be submitted to Judge Burkhardt's CRD no later than noon the day before the change of plea hearing.

CRITICALCriminal cases

Nebbia hearings require 24 hours' notice and bail package submission.

Nebbia and surety examination hearings will only be heard if calendared in advance with no less than 24 hours' notice to all parties and the Pretrial Services Office. Defense counsel must provide the Court and the United States Attorney's Office a copy of the proposed bail package, including appraisals, title documents, and other relevant materials, no later than 24 hours in advance of the hearing.

CRITICALCriminal cases

Oral motions for release modifications require 24 hours' notice and advance calendaring.

Absent extraordinary circumstances, oral motions for modifications of conditions of release will not be heard unless calendared in advance and with 24 hours' notice to the opposing party, the Pretrial Services Office, and the sureties. Parties must provide all documents being relied upon to Judge Burkhardt's CRD, preferably 24 hours in advance of the hearing.

CRITICALCivil cases

Motions to amend scheduling order must state timeliness and show excusable neglect if untimely.

Motions requesting to amend any date or deadline in the scheduling order shall include the following: ... A statement of whether the request is timely. Untimely requests must include a showing of excusable neglect.

CRITICALCivil cases

Any motion filed fewer than 7 calendar days in advance of the dates and deadlines at issue must address excusable neglect for the untimely request.

Any motion filed fewer than 7 calendar days in advance of the dates and deadlines at issue must address excusable neglect for the untimely request.

CRITICALCriminal cases

Nebbia hearings require 24 hours' notice and bail package submission.

Nebbia and surety examination hearings will only be heard if calendared in advance with no less than 24 hours' notice to all parties and the Pretrial Services Office. Defense counsel must provide the Court and the United States Attorney's Office a copy of the proposed bail package, including appraisals, title documents, and other relevant materials, no later than 24 hours in advance of the hearing.

CRITICALCriminal cases

Oral motions for release modifications require 24 hours' notice and advance calendaring.

Absent extraordinary circumstances, oral motions for modifications of conditions of release will not be heard unless calendared in advance and with 24 hours' notice to the opposing party, the Pretrial Services Office, and the sureties. Parties must provide all documents being relied upon to Judge Burkhardt's CRD, preferably 24 hours in advance of the hearing.

CRITICALCivil cases

Continuance requests require 7 calendar days advance written notice.

Whether made by joint motion or ex parte application, any request to continue an ENE, Mandatory Settlement Conference ("MSC"), or scheduling order deadline shall be made in writing no less than seven (7) calendar days before the affected date.

CRITICALCivil cases

Untimely scheduling motions must show excusable neglect.

Any motion filed fewer than seven calendar days in advance of the dates and deadlines at issue must address excusable neglect for the untimely request.

CRITICALCivil cases

Meet and confer required before filing discovery disputes.

The parties must meet and confer in an attempt to resolve any issues before contacting the Court.

CRITICAL

Continuance requests require 7-day advance notice, meet-and-confer, and detailed declaration

Continuances: Parties must meet and confer to discuss the requested change to any date or deadline before contacting the Court. Requests to continue or reschedule a conference, hearing, briefing schedule, or other date or deadline must be made by a motion filed no less than 7 days prior to the date the parties seek to change and include specific details addressing (1) the original date and proposed date; (2) good cause for the requested change; (3) the number of previous continuances and requests that have been made; (4) whether previous requests were granted or denied; (5) how this request will impact other dates or deadlines, and (6) how the parties fulfilled the Court’s meet-and-confer requirement. Such a motion must be supported by a detailed declaration, explaining the specific reasons and averring that the

CRITICALCivil cases

Rule 26(f) conference must be held at least 21 days before Rule 16(b) scheduling conference.

The parties can hold the conference at any time they choose, however the Rule 26(f) conference must be held at least 21 days before the court scheduled Rule 16(b) Scheduling Conference.

CRITICALCivil cases

Case management schedule may only be modified for good cause with court approval.

The schedule is not to be modified except for good cause and by leave of court. Fed. R. Civ. P. 16(b)(4).

CRITICALCivil cases

Rule 26(f) conference must occur at least 21 days before Rule 16(b) scheduling conference.

The Rule 26(f) conference must be held at least 21 days before the Rule 16(b) scheduling conference.

CRITICALCivil cases

Newly added parties must make disclosures within 30 days of service/joinder

Parties added after the Rule 26(f) conference must make their disclosures within 30 days of their service or joinder in the action.

CRITICALCivil cases

Initial disclosures must be made within 14 days after Rule 26(f) conference

Disclosures must occur within 14 days after the Rule 26(f) conference, unless the date is changed by stipulation or court order.

CRITICALCivil cases

Pretrial disclosures are due 21 days before Final Pretrial Conference.

The duty to make the pretrial disclosure will occur approximately 21 days before the Final Pretrial Conference.

CRITICALCivil cases

Objections not set forth [except those pursuant to Rules 402 (relevance) and 403 (prejudice, confusion or waste of time)] are waived unless excused by court for good cause;

Objections not set forth [except those pursuant to Rules 402 (relevance) and 403 (prejudice, confusion or waste of time)] are waived unless excused by court for good cause;

CRITICALCivil cases

Objections to pretrial disclosures are due 14 days after disclosure (7 days before Final Pretrial Conference).

Any objections to pretrial disclosures would be due 14 days thereafter, which is approximately seven (7) days prior to the Final Pretrial Conference.

CRITICALCivil cases

Opposing counsel has until 5:00 PM next business day to respond to ex parte motion

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.

CRITICALCivil cases

Patent L.R. 2.1.a impacts the timing of the Rule 26(f) conference. It requires the Rule 26(f) conference “no later than twenty-one (21) days before the [Early Neutral Evaluation Conference.]”

Patent L.R. 2.1.a impacts the timing of the Rule 26(f) conference. It requires the Rule 26(f) conference “no later than twenty-one (21) days before the [Early Neutral Evaluation Conference.]”

CRITICALCivil cases

Case management schedule modifications require good cause and judge's consent.

Under Rule 16(b)(4), a case management schedule may be modified only for good cause and with the judge’s consent.

CRITICALCivil cases

A party may file written objections to a magistrate judge's order within 14 days after being served with a copy. Fed. R. Civ. P. 72(a).

A party may file written objections to a magistrate judge's order within 14 days after being served with a copy. Fed. R. Civ. P. 72(a).

CRITICALCivil cases

Objections to pretrial disclosures are due 14 days after disclosure.

Written objections to the pretrial disclosures, if any, are due 14 days after the pretrial disclosure. The court may alter the timing for objections.

CRITICALCivil cases

Discovery is stayed until Rule 26(f) conference occurs.

No discovery can occur before the Rule 26(f) conference, unless the case is excluded by the Rule itself, is stipulated otherwise, or unless the court so orders. Fed. R. Civ. P. 26(d).

CRITICALCriminal cases

Before a defendant enters a plea agreement or case resolution, all continuance requests must be made by joint or unopposed motion.

Prior to a defendant entering into a plea agreement or other type of case resolution, all continuance requests require a joint or unopposed motion to continue.

CRITICALCivil cases

Patent L.R. 2.1.a impacts the timing of the Rule 26(f) conference. It requires the Rule 26(f) conference “no later than twenty-one (21) days before the [Early Neutral Evaluation Conference.]”

Patent L.R. 2.1.a impacts the timing of the Rule 26(f) conference. It requires the Rule 26(f) conference “no later than twenty-one (21) days before the [Early Neutral Evaluation Conference.]”

CRITICALCriminal cases

Continuance requests must be filed at least 3 court days before hearing or will be denied.

All continuance requests must be made no less than 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 5pm on the preceding Tuesday.

CRITICALCivil cases

Case management schedule modifications require good cause and judge's consent.

Under Rule 16(b)(4), a case management schedule may be modified only for good cause and with the judge’s consent.

CRITICAL

Continuance requests require 7-day advance notice, meet-and-confer, and detailed declaration

Continuances: Parties must meet and confer to discuss the requested change to any date or deadline before contacting the Court. Requests to continue or reschedule a conference, hearing, briefing schedule, or other date or deadline must be made by a motion filed no less than 7 days prior to the date the parties seek to change and include specific details addressing (1) the original date and proposed date; (2) good cause for the requested change; (3) the number of previous continuances and requests that have been made; (4) whether previous requests were granted or denied; (5) how this request will impact other dates or deadlines, and (6) how the parties fulfilled the Court’s meet-and-confer requirement. Such a motion must be supported by a detailed declaration, explaining the specific reasons and averring that the

CRITICALCivil cases

A party may file written objections to a magistrate judge's order within 14 days after being served with a copy. Fed. R. Civ. P. 72(a).

A party may file written objections to a magistrate judge's order within 14 days after being served with a copy. Fed. R. Civ. P. 72(a).

CRITICALCivil cases

Objections to pretrial disclosures are due 14 days after disclosure.

Written objections to the pretrial disclosures, if any, are due 14 days after the pretrial disclosure. The court may alter the timing for objections.

CRITICALCriminal cases

All continuance requests must be made at least 3 court days before the hearing (e.g., a Monday hearing motion must be filed by 5pm the preceding Tuesday); otherwise the request is denied.

Please be advised that all continuance requests must be made no less than 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 5pm on the preceding Tuesday.

CRITICALCivil cases

Discovery is stayed until Rule 26(f) conference occurs.

No discovery can occur before the Rule 26(f) conference, unless the case is excluded by the Rule itself, is stipulated otherwise, or unless the court so orders. Fed. R. Civ. P. 26(d).

CRITICALCriminal cases

Continuance requests must be made at least 3 court days before a hearing and must include reason, defendant acknowledgment, and proposed new date.

Joint motions to continue must state: a) a reason for the circumstances establishing good cause for the continuance; b) defendants who are not in custody must sign off on the joint motion, acknowledge it, and accept the next court date in writing. Please be advised that all continuance requests must be made no less than 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 5pm on the preceding Tuesday.

CRITICALCivil cases

Motion papers must be filed and served within 3 court days of obtaining hearing date or forfeit the date.

Motion papers must be filed and served within three (3) court days of obtaining the hearing date. Failure to file and serve the papers within 3 court days will result in forfeiture of the reserved date.

CRITICALCivil cases

Motion papers must be filed and served within 3 court days of obtaining hearing date or forfeit the date.

Motion papers must be filed and served within three (3) court days of obtaining the hearing date. Failure to file and serve the papers within 3 court days will result in forfeiture of the reserved date.

CRITICALCivil cases

Unagreed continuance requests require ex parte application with specific information

If the parties are unable to reach an agreement, the requesting party shall file an ex parte application 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 application shall state: (1) the original hearing date, (2) the number of previous continuance requests, and (3) whether previous requests were granted or denied.

CRITICALCivil cases

Continuance requests require meet-and-confer, joint motion with declaration, and proposed order emailed to efile_miller@casd.uscourts.gov

Parties requesting a continuance of any conference, scheduled motion, hearing date, deadline, or briefing schedule or other procedural change shall meet and confer prior to contacting the Court. If the parties reach an agreement, they shall e-file a joint motion with a detailed declaration of the reason for the requested continuance or extension of time. They shall also e-mail a proposed Order to efile_miller@casd.uscourts.gov. Except in extraordinary circumstances, joint motions to amend a briefing schedule or to continue a motion hearing date must be filed no later than three court days before the affected date.

CRITICALCivil cases

Meet and confer required before requesting continuances; joint motion with declaration and proposed order if agreement reached.

Parties requesting a continuance of any conference, hearing, deadline, briefing schedule, or other procedural changes shall meet and confer prior to contacting the Court. If the parties reach an agreement, no hearing date is required and the parties shall file a joint motion, including a declaration that details the reason(s) for the requested continuance or extension of time. They shall also submit a proposed Order as set forth in Chambers Civil Rule 7.

CRITICALCivil cases

Joint motions for continuance must be filed 3 court days before deadline; ex parte applications require diligence and prejudice analysis.

Except in extraordinary circumstances, joint motions to amend a briefing schedule or a motion hearing date must be filed no later than three (3) court days before the affected date. If the parties are unable to reach an agreement, the party requesting the continuance shall file an ex parte application satisfying the applicable legal standard, with a particular focus on the diligence of the party seeking delay and any prejudice that may result. In addition, the ex parte application shall state (1) the original date, (2) the number of previous continuance requests and (3) whether previous requests were granted or denied.

CRITICALCivil cases

Joint Motion required for continuances/hearing amendments, filed 7+ days before deadline.

All other requests to continue hearings or to amend the Scheduling Order deadline must be made by Joint Motion, even if the parties are not in agreement, no less than seven (7) days before the affected date. Before filing a Joint Motion for Continuance counsel must meet and confer.

CRITICALCivil cases

Requests to continue an ENE, MSC, or VSC may be made by placing a joint call or email to Chambers after counsel have met and conferred. The request must be made as soon as counsel is aware of the circumstances warranting a continuance.

Requests to continue an ENE, MSC, or VSC may be made by placing a joint call or email to Chambers after counsel have met and conferred. The request must be made as soon as counsel is aware of the circumstances warranting a continuance.

CRITICALCivil cases

Discovery disputes must be raised within 30 days or are waived unless good cause shown.

The Court will not rule on a discovery dispute that is brought to the Court’s attention more than 30 days after the date upon which the event giving rise to the dispute occurred absent a showing of good cause. The parties must file a joint motion demonstrating good cause if they seek to extend the 30-day deadline. If the parties do not alert the Court that they are attempting to resolve their dispute, and the 30-day deadline passes, the Court will consider the issue waived and the party will be barred from filing a corresponding discovery motion. The parties cannot extend the deadline by any agreement that is not approved by the Court.

WARNINGCriminal cases

Oral motions for continuances will generally be denied.

Oral continuance motions will generally be denied.

WARNINGCriminal cases

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.

WARNINGCriminal cases

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.

WARNINGCriminal cases

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.

WARNINGCriminal cases

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.

WARNINGCriminal cases

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.

WARNINGCriminal cases

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.

WARNINGCriminal cases

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.

WARNINGCriminal 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.

WARNINGCriminal cases

Shortening time applications require non-conclusory affidavit with good cause.

Applications for an Order Shortening Time are disfavored and must be supported by a non-conclusory affidavit signed by counsel setting forth facts establishing specific good cause.

WARNINGCivil cases

Any ex parte motion that is not opposed within two (2) Court days will be considered unopposed and may be granted on that ground.

Any ex parte motion that is not opposed within two (2) Court days will be considered unopposed and may be granted on that ground.

WARNINGCivil cases

Any ex parte motion that is not opposed within two (2) Court days will be considered unopposed and may be granted on that ground.

Any ex parte motion that is not opposed within two (2) Court days will be considered unopposed and may be granted on that ground.

WARNINGCriminal cases

Continuance requests should be made by joint motion before the hearing, not at the hearing.

The Court prefers that continuance requests be made by joint motion prior to the scheduled date, and NOT at the time of the hearing.

WARNINGCriminal cases

Late submissions result in continuance unless waived.

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.

WARNING

The Court issues a Scheduling Order after the CMC, and modification requires Court approval and good cause.

The Court will issue a Scheduling Order following the CMC. Modification of the Scheduling Order requires the approval of the Court, which will only be granted on a showing of good cause.

WARNING

Deadlines cannot be extended by stipulation; requires leave of court with good cause

The parties may not unilaterally extend these deadlines by stipulation or by service of amended or supplemental responses. Any extension requires leave of Court upon a showing of good cause.

WARNINGCivil cases

Failure to respond to meet and confer request for 3+ business days allows contacting Chambers for pre-motion conference.

If a party or lawyer fails to respond to opposing counsel's request to meet and confer for more than three business days, counsel may contact Chambers and request a pre-motion conference or appropriate briefing schedule.

WARNINGCivil cases

Joint motions preferred for scheduling amendments.

The Court prefers any motion to amend the schedule be brought as a joint motion reflecting the positions of the parties.

WARNINGCivil cases

Must confer with opposing counsel before rescheduling ENE

Counsel seeking to reschedule an ENE or other settlement conference must confer with opposing counsel prior to making the

WARNING

Requests within 7 days must show excusable neglect for untimeliness

Requests made fewer than 7 days prior to the date the party seeks to change must address excusable neglect for the request’s untimeliness.

WARNINGCivil cases

Early discovery likely granted for jurisdictional issues, TRO/injunction, evidence preservation, or settlement facilitation.

Relief from the discovery moratorium is likely to occur in the following circumstances: a. Where some limited discovery is needed to address jurisdictional, venue or other issues in conjunction with a Rule 12 motion; b. Where a deposition is urgent in connection with a temporary restraining order or preliminary injunction; c. Where it is necessary to preserve testimony or other evidence; and, d. Where limited discovery would facilitate early settlement.

WARNINGCivil cases

Rule 30(a)(2) requires the court to grant the request if it is consistent with the benefit versus burden approach set forth in Rule 26(b)(2)(C), which provides, “(iii) the burden or expense of proposed discovery outweighs its likely benefit, taking into account the needs of the case, the amount in controversy, the parties’ resources, the importance of the issues at stake in the litigation, and the importance of the proposed discovery in resolving the issues.”

Rule 30(a)(2) requires the court to grant the request if it is consistent with the benefit versus burden approach set forth in Rule 26(b)(2)(C), which provides, “(iii) the burden or expense of proposed discovery outweighs its likely benefit, taking into account the needs of the case, the amount in controversy, the parties’ resources, the importance of the issues at stake in the litigation, and the importance of the proposed discovery in resolving the issues.”

WARNINGCivil cases

Attorney may attend psychiatric exam if criminal charges and Fifth Amendment concerns.

A possible exception exists where the examinee’s attorney may be present when the examinee faces criminal charges and there is a concern for protection of the examinee’s Fifth Amendment rights.

WARNINGCivil cases

Discovery disputes handled by magistrate judges; objections must be filed within 14 days or right to appeal is waived.

Discovery disputes are handled by magistrate judges pursuant to Local Civil Rule 72.1.b., Fed. R. Civ. P. 72(a) and 28 U.S.C. § 636(b)(1)(A). Discovery rulings are appealable to the district judge assigned to the case. Any objections to the magistrate judge’s orders must be filed within fourteen (14) days of service of the order. A failure to object within this time will waive any right to appeal the order to the Court of Appeals after the disposition of the case is final in the district court. Fed. R. Civ. P. 72(a); McKeever v. Block, 932 F.2d 795 (9th Cir. 1991). The standard of review is whether the magistrate judge’s order is clearly erroneous or contrary to law. Id.

WARNINGCivil cases

Additional examinations require high showing of good cause.

But a high showing of good cause is generally required for additional examinations.

WARNINGCivil cases

Adequate notice must be “reasonable” under Rule 30(b)(1). Since a party may seek a protective order under Rule 32(a)(5)(A) within 14 days of notice to prevent a deposition from proceeding, a 14-day notice is, by implication, general guidance for what is “reasonable”. However, particular facts and circumstances may warrant a longer period. Note that where documents are requested from a party, 30 days’ notice is required. Fed. R. Civ. P. 30(b)(2) and 34(b)(2)(A).

Adequate notice must be “reasonable” under Rule 30(b)(1). Since a party may seek a protective order under Rule 32(a)(5)(A) within 14 days of notice to prevent a deposition from proceeding, a 14-day notice is, by implication, general guidance for what is “reasonable”. However, particular facts and circumstances may warrant a longer period. Note that where documents are requested from a party, 30 days’ notice is required. Fed. R. Civ. P. 30(b)(2) and 34(b)(2)(A).

WARNINGCivil cases

Courts will generally demand a showing of good cause by the examinee as to why a third-party observer should be allowed.

Courts will generally demand a showing of good cause by the examinee as to why a third-party observer should be allowed.

WARNINGCivil cases

Early discovery issues handled by magistrate judges; meet and confer required under Local Rule 26.1.

Issues regarding early discovery are typically handled by magistrate judges. In the Southern District of California, counsel must comply with Local Rule 26.1, the meet and confer requirement, in this regard.

WARNINGCivil cases

Court may grant early discovery on case-by-case basis.

The court may order discovery before a Rule 26(f) conference on a case-by-case basis. Any party in the case may seek leave of court for early discovery.

WARNINGCivil cases

Court has discretion to allow early discovery for good cause.

The court also has discretion to allow discovery prior to the Rule 26(f) conference if other good cause can be established.

WARNING

Requests within 7 days must show excusable neglect for untimeliness

Requests made fewer than 7 days prior to the date the party seeks to change must address excusable neglect for the request’s untimeliness.

WARNINGCivil cases

Additional examinations require high showing of good cause.

But a high showing of good cause is generally required for additional examinations.

WARNINGCivil cases

Adequate notice must be “reasonable” under Rule 30(b)(1). Since a party may seek a protective order under Rule 32(a)(5)(A) within 14 days of notice to prevent a deposition from proceeding, a 14-day notice is, by implication, general guidance for what is “reasonable”. However, particular facts and circumstances may warrant a longer period. Note that where documents are requested from a party, 30 days’ notice is required. Fed. R. Civ. P. 30(b)(2) and 34(b)(2)(A).

Adequate notice must be “reasonable” under Rule 30(b)(1). Since a party may seek a protective order under Rule 32(a)(5)(A) within 14 days of notice to prevent a deposition from proceeding, a 14-day notice is, by implication, general guidance for what is “reasonable”. However, particular facts and circumstances may warrant a longer period. Note that where documents are requested from a party, 30 days’ notice is required. Fed. R. Civ. P. 30(b)(2) and 34(b)(2)(A).

WARNINGCivil cases

Courts will generally demand a showing of good cause by the examinee as to why a third-party observer should be allowed.

Courts will generally demand a showing of good cause by the examinee as to why a third-party observer should be allowed.

WARNINGCivil cases

Early discovery issues handled by magistrate judges; meet and confer required under Local Rule 26.1.

Issues regarding early discovery are typically handled by magistrate judges. In the Southern District of California, counsel must comply with Local Rule 26.1, the meet and confer requirement, in this regard.

WARNINGCriminal cases

A party seeking a continuance must notify the Courtroom Deputy as soon as possible.

A party seeking a continuance of a hearing must notify Judge Battaglia’s Courtroom Deputy at the earliest possible time.

WARNINGCivil cases

Court may grant early discovery on case-by-case basis.

The court may order discovery before a Rule 26(f) conference on a case-by-case basis. Any party in the case may seek leave of court for early discovery.

WARNINGCivil cases

Court has discretion to allow early discovery for good cause.

The court also has discretion to allow discovery prior to the Rule 26(f) conference if other good cause can be established.

WARNINGCivil cases

Amendments extending pre-trial conference or trial dates may be denied.

Requests to amend the Scheduling Order may be denied if the proposed amendments necessitate an extension of the final pre-trial conference and/or trial date.

INFOCriminal cases

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.

INFOCriminal cases

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.

INFOCriminal cases

Immediate sentencing available for immigration cases upon request.

Upon request, the Court will proceed with immediate sentencing in certain immigration cases if it has sufficient information in the record to perform a meaningful exercise of sentencing authority. Such dispositions are encouraged.

INFOCriminal cases

Immediate sentencing available for immigration cases upon request.

Upon request, the Court will proceed with immediate sentencing in certain immigration cases if it has sufficient information in the record to perform a meaningful exercise of sentencing authority.

INFOCriminal cases

Immediate sentencing available for immigration cases upon request.

Upon request, the Court will proceed with immediate sentencing in certain immigration cases if it has sufficient information in the record to perform a meaningful exercise of sentencing authority.

INFOCivil cases

Conference call must cover dispute details, positions, meet and confer efforts, relief sought, and filing timeline.

During the conference call, counsel for the parties will be asked to explain: (i) the details of their dispute; (ii) their respective positions; (iii) what meet and confer efforts have taken place; (iv) the precise relief the moving party is seeking; and (v) how soon they can file the motion and opposition.

INFOCivil cases

Court will issue order or set hearing on ex parte motions.

The Court will either issue an order on the written submissions or set a date and time for a hearing.

INFOCivil cases

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 or contact the assigned law clerk to request additional time.

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 or contact the assigned law clerk to request additional time.

INFOCivil cases

Certain cases are exempt from discovery stay requirement.

The cases excluded in Rule 26(a)(1)(E) are exempt from this provision.

INFOCivil cases

Court can shorten the 21-day period between Rule 26(f) and Case Management Conferences by order.

The court can reduce the time between the Rule 26(f) conference and the Rule 16(b) Case Management Conference to less than 21 days by order.

INFOCivil cases

Examinations require court discretion, no numerical limit.

While there is no limit, examinations may be performed only at the court’s discretion.

INFOCivil cases

Court may order repeat exams for incomplete, time-lapsed, or changed conditions.

The court may order subsequent or repeat examinations where a previous examination was incomplete or limited in scope, or where a significant amount of time has lapsed since a prior examination or a change has been reported in the party’s condition.

INFOCivil cases

Court may order multiple concurrent examinations of different types.

The court may order multiple examinations of different types concurrently.

INFOCivil cases

Court may rule on objections in limine or at another setting.

The court may then rule on the objections in limine or at another setting.

INFOCivil cases

Parties can hold Rule 26(f) conference earlier than required without court order.

Nothing prevents the parties, on their own initiative, from convening the Rule 26(f) conference earlier than prescribed by the Rule.

INFOCivil cases

Court must grant leave for additional depositions if consistent with discovery principles.

Rule 30(a)(2) requires courts grant leave to take additional depositions when consistent with the principles of Rule 26(b)(1) and (2).

INFOCriminal cases

Continuances should be requested by joint motion before the scheduled date, not at the hearing itself.

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.

INFOCriminal cases

The Courtroom Deputy may administratively continue sentencing matters if all parties agree, the case has not been continued twice before, and the continuance is no longer 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 60 days from the originally scheduled date.

INFOCivil cases

Court may order multiple concurrent examinations of different types.

The court may order multiple examinations of different types concurrently.

INFOCivil cases

Court may rule on objections in limine or at another setting.

The court may then rule on the objections in limine or at another setting.

INFOCivil cases

Parties can hold Rule 26(f) conference earlier than required without court order.

Nothing prevents the parties, on their own initiative, from convening the Rule 26(f) conference earlier than prescribed by the Rule.

INFOCivil cases

Court must grant leave for additional depositions if consistent with discovery principles.

Rule 30(a)(2) requires courts grant leave to take additional depositions when consistent with the principles of Rule 26(b)(1) and (2).

CRITICAL

Extension/continuance requests must be joint motions after meet and confer, stating good cause and opposition basis, filed before deadline absent extraordinary circumstances.

Requests to extend, amend, continue, or vacate dates and deadlines must be made by joint motion after counsel for the parties have met and conferred by telephone or videoconference. The motion must state good cause for the extension and the basis for any party’s opposition (if opposed). Absent extraordinary circumstances, motions should be filed prior to the date of the deadline sought to be modified.

WARNINGCivil cases

Filing Joint Motion for Continuance does not excuse compliance with existing deadlines.

The filing of a Joint Motion for Continuance does NOT permit the parties to disregard the must continue to comply with all dates and deadlines set forth in the Scheduling Order.