Court Rules
Judge

Judge Ruth Bermudez Montenegro

Individual Rules, Standing Orders & Policies

Southern District of California

Limits & Logistics

Document Limits

Motion In Limine
10 pgs

Courtesy Copies

Courtesy copies

  • 4 copies • Five Days Before Trial
  • Not required

Communication

Email
adrian_baule@casd.uscourts.gov
No status inquiries
Phone

Chambers

(619) 695-5877
No status inquiries
Cases:
Filters:

Page & Word Limits1 rule

Page LimitsMandatoryCivil cases

5 motions in limine max per side, 10 pages each, no replies unless directed.

Each side is limited to a maximum of five (5) motions in limine. Each motion in limine must be filed separately on the docket. Each motion in limine and each opposition shall not exceed ten (10) pages in length. Attachments to any motion in limine or opposition shall also be limited to ten (10) pages in length. No replies shall be filed unless directed by the Court.

Motion In Limine

10 pages

Applies to: Attorney

Document Format Requirements14 rules

FormattingMandatoryCriminal cases

Modifications to any form instruction must be clearly identified in bold, redline, or another clear format.

If the parties modify any form instruction, whether stipulated or disputed, they must clearly identify such modifications in either bold or redlined format, or in some other manner that makes it clear to the Court what modifications are proposed.

FormattingMandatoryCriminal cases

Hard copy exhibits may not be passed among the jury during trial.

FormattingMandatoryCriminal cases

Digitized exhibits must be branded with an exhibit tag and number, which shall be placed at the bottom right- hand corner of each exhibit.

FormattingMandatoryCivil cases

Exhibits must be attached to documents and filed as separate CM/ECF attachments.

Unless the physical nature of the exhibit renders it impracticable, exhibits must be attached to the documents to which they belong. Each exhibit should be submitted in CM/ECF as a separate attachment. (For example, if a party is filing five exhibits to Document Number 10, the exhibits should be filed as Doc. 10-1, 10-2, 10-3, 10-4, and 10-5.)

FormattingMandatoryCivil cases

If the form instructions contain bracketed language or blanks, the parties should provide the Court with the appropriate language from the brackets, and all blanks should be completed. This new language shall be written in bold font.

FormattingImportantCriminal cases

A single exhibit should be marked only once. If one party has marked an exhibit, then another party should not re-mark the exact document with another number.

FormattingImportantCriminal cases

All exhibits must be numbered, not lettered.

FormattingImportantCriminal cases

Different versions of the same document, e.g. a copy with additional handwriting, must be treated as different exhibits with different numbers.

FormattingImportantCriminal cases

Counsel should both label and describe exhibits in a neutral, non- argumentative manner (e.g., Exhibit 37 - Cell Phone Video, not Exhibit 37 - Murder Video).

FormattingImportantCriminal cases

If a filing has more than three exhibits, the exhibits must be tabbed and listed in a table of exhibits.

FormattingNoteCriminal cases

Counsel may agree to number ranges (e.g., Government has 1–100 and Defendant has 101–200) for their respective uses.

FormattingNoteCriminal cases

If counsel wish the entire panel to examine a particular exhibit prior to deliberations, they should either provide blow- ups or use the Court’s visual equipment.

FormattingNoteCriminal cases

Annotations may be made on exhibits or illustratives presented on the Court’s equipment, but those annotations are unable to be printed.

FormattingNoteCriminal cases

Each exhibit tag will ideally be in a color that stands out, such as bright yellow.

Document Filing Requirements42 rules

Filing RequirementsMandatoryCriminal cases

Counsel must meet and confer and submit a joint set of agreed instructions. Counsel must also submit a separate set of any instructions they propose to which there is an objection.

DocumentJury Instructions

Filing RequirementsMandatoryCriminal cases

The parties must file proposed jury instructions fourteen (14) days prior to the date of trial, unless otherwise ordered by the Court and email a copy in Word to efile_Montenegro@casd.uscourts.gov.

DocumentJury Instructions

Filing RequirementsMandatoryCriminal cases

With respect to form preliminary instructions, general instructions, or concluding instructions, counsel shall include in their joint packet the full text of these instructions with citation to the Ninth Circuit Manual of Model Jury Instructions (Criminal).

DocumentJury Instructions

Filing RequirementsMandatoryCriminal cases

Each disputed instruction shall be identified as “Disputed Instruction No. ____ Re ____________ Offered by _________________,” with the blanks and brackets filled in as appropriate. All disputed versions of the same instruction shall bear the same number.

DocumentJury Instructions

Filing RequirementsMandatoryCriminal cases

A proposed modification to a statutory or Ninth Circuit model instruction must specifically state the modification and supporting authority.

The Court will accept other proposed jury instructions, but any proposed modification of an instruction from statutory authority or the Ninth Circuit Models must state specifically the modification and the authority supporting the modification.

DocumentJury Instructions

Filing RequirementsMandatoryCriminal cases

The parties shall also email the verdict form in Word format to the Court’s email address at efile_montenegro@casd.uscourts.gov.

DocumentVerdict Forms

Filing RequirementsMandatoryCriminal cases

The parties must file proposed verdict forms fourteen (14) days prior to the date of trial, unless otherwise ordered by the Court and email a copy in Word to efile_Montenegro@casd.uscourts.gov.

DocumentVerdict Forms

Filing RequirementsMandatoryCriminal cases

A party seeking an instruction the Court omitted must affirmatively re-request it on the record or in writing.

If a party wishes to request an instruction that the Court has chosen to omit, it must affirmatively re-request it either on the record or in writing in order to give the Court a fair opportunity to correct any error.

DocumentJury Instructions

Filing RequirementsMandatoryCriminal cases

Counsel must submit a thumb-drive index of admitted exhibits, with each exhibit’s number and a brief, nonargumentative description.

Counsel must also prepare and submit on a thumb drive an index of all exhibits admitted into evidence. Such index should include the exhibit number and a brief, nonargumentative description of each exhibit (e.g., January 2, 2024 Cell Phone Video).

DocumentExhibit Index

Content & Formatting
Exhibit List
Filing RequirementsMandatoryCriminal cases

Before publishing an exhibit to the jury, counsel must either move for admission of the exhibit or allow the Court to inquire whether the opposing side has any objection to publication.

DocumentExhibit

Filing RequirementsMandatoryCivil cases

In the caption of its notice of motion and motion, the moving party shall include the selected hearing date and the following: NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT.

DocumentNotice Of Motion

Content & Formatting
Caption
Filing RequirementsMandatoryCivil cases

Notice of motion must include statement about pre-motion conference.

If the parties are unable to reach a resolution that eliminates the need to file the anticipated motion, counsel for the moving party must include in the notice of motion a statement to the following effect: “This motion is made following the conference of counsel that took place on [date].”

DocumentNotice Of Motion

Content & Formatting
Certificate Of Conference
Filing RequirementsMandatoryCivil cases

F. Exhibits. All exhibits submitted in support of motions should be excerpted to include only relevant material. All exhibits must be clearly labeled, dated, tabbed, and indexed. Copies of pleadings, motions, and/or Court orders already contained on the electronic docket should not be included as exhibits. Such documents should be clearly cited in the text of the motion referencing the docket number of the document cited and the ECF generated page number for pinpoint cites, enabling the Court to quickly locate the location of the cited material (e.g., Doc. No. ___ at ___).

DocumentExhibit

Content & Formatting
Caption
Case Number
Exhibit List
Filing RequirementsMandatoryCivil cases

Proposed orders or other documents requiring the judge’s signature must not be filed on the docket.

DocumentProposed Order

Content & Formatting
Proposed Order
Filing RequirementsMandatoryCivil cases

Proposed orders must be emailed in Word format to specific address with case details in subject line.

Counsel must email proposed orders in Word format to efile_montenegro@casd.uscourts.gov and include the case number, case name, and identify the motion(s) to which the proposed order corresponds in the subject line of the email.

DocumentProposed Order

Content & Formatting
Proposed Order
Filing RequirementsMandatoryCivil cases

Counsel must attach as an exhibit a redline from the operative pleading to the new pleading or the Court may strike the motion and proposed amended pleading.

DocumentMotion To Amend

Content & Formatting
Proposed Order
Montenegro Civil Chamber Rules · p. 7
|SecMotions to Amend the Pleadings
Filing RequirementsMandatoryCivil cases

In accordance with Section 2(h) of the ECF Manual, proposed orders must not contain the name and law firm information of the filing party, and must not contain the word “proposed” in the caption.

DocumentProposed Order

Content & Formatting
Caption
Filing RequirementsMandatoryCivil cases

The final pretrial conference order must strictly comply with Civil Local Rule 16.1(f).

DocumentFinal Pretrial Conference Order

Montenegro Civil Chamber Rules · p. 11
|SecFinal Pretrial Conference
Filing RequirementsMandatoryCivil cases

Any ex parte application filed with the Court must be served on opposing counsel via electronic mail with return receipt requested, or overnight mail.

DocumentEx Parte Application

Filing RequirementsMandatoryCivil cases

Proposed final pretrial conference order due one week before final pretrial conference.

Plaintiff(s) must lodge the proposed final pretrial conference order with the Court a week before the final pretrial conference, unless otherwise specified in the Court’s Scheduling Order or other orders.

DocumentFinal Pretrial Conference Order

Content & Formatting
Proposed Order
Montenegro Civil Chamber Rules · p. 11
|SecFinal Pretrial Conference
Filing RequirementsMandatoryCivil cases

Joint exhibit list required, numbered continuously (not lettered), due with final pretrial order.

The Court will order counsel to prepare a joint exhibit list due on the same day as the proposed final pretrial conference order, such that all exhibits that may be used at trial appear on one list. All exhibits must be numbered continuously and not lettered. Counsel may agree to number ranges (e.g., Plaintiff has 1–100 and Defendant has 101–200) for their respective uses.

DocumentJoint Exhibit List

Montenegro Civil Chamber Rules · p. 13
|SecC. Evidence and Exhibits
Filing RequirementsMandatoryCivil cases

The parties shall also email the instructions in Word format to the Court’s email address at efile_montenegro@casd.uscourts.gov.

DocumentJury Instructions

Filing RequirementsMandatoryCivil cases

Parties must file joint proposed jury instructions at the same time as the proposed final pretrial conference order unless otherwise ordered by the Court.

DocumentJury Instructions

Content & Formatting
Proposed Order
Filing RequirementsMandatoryCivil cases

Form instructions must include citations to Ninth Circuit Manual and/or CACIs.

With respect to form preliminary instructions, general instructions, or concluding instructions, counsel shall include in their joint packet the full text of these instructions with citation to the Ninth Circuit Manual of Model Civil Jury Instructions and/or the Judicial Council of California Civil Jury Instructions (“CACIs”).

DocumentJury Instructions

Filing RequirementsMandatoryCivil cases

Undisputed instructions must be labeled as "Stipulated Instruction" with citations.

If the instruction is undisputed, the instruction shall be identified as “Stipulated Instruction No. _ re _____.” Even if the parties stipulate to the instruction, each instruction should be accompanied by a citation to the Model Civil Jury Instructions and/or other authority.

DocumentJury Instructions

Filing RequirementsMandatoryCivil cases

Settlement requires immediate notice and joint motion to dismiss within 28 days.

If the parties settle a case, counsel must immediately notify this Court and the magistrate judge of the settlement. Unless a “Notice of Dismissal” is filed under Federal Rule of Civil Procedure 41(a)(1), for which a court order is not required, the parties must file a “Joint Motion to Dismiss” and email the proposed order to this Court within twenty-eight (28) days of the settlement.

DocumentJoint Motion To Dismiss

Content & Formatting
Proposed Order
Filing RequirementsMandatoryCriminal cases

In accordance with Section 2(h) of the Electronic Case Filing Administrative Policies and Procedures Manual, counsel shall email proposed orders on motions directly to the Judge’s official email address, which is efile_Montenegro@casd.uscourts.gov. Proposed orders should be submitted simultaneously with the motion, no later than two (2) Court days prior to the scheduled hearing.

DocumentMotion

Content & Formatting
Proposed Order
Filing RequirementsMandatoryCriminal cases

Both parties must file a Sentencing Summary Chart and Sentencing Memorandum in all cases.

DocumentSentencing Memorandum

Filing RequirementsMandatoryCriminal cases

The parties are expected to strictly comply with the requirements and deadlines in Criminal Local Rule 32.1.

DocumentSentencing

Filing RequirementsMandatoryCriminal cases

No party shall submit more than five (5) letters unless authorized by the court for good cause shown.

DocumentSentencing Memorandum

Filing RequirementsMandatoryCriminal cases

The Court expects defense counsel to read, explain, and provide their client with a copy of the Mandatory and Standard Conditions of Supervised Release prior to sentencing.

DocumentSentencing

Filing RequirementsMandatoryCriminal cases

The parties must ensure that their respective Sentencing Guideline recommendations are supported by the record before the Court.

DocumentSentencing Memorandum

Filing RequirementsMandatoryCriminal cases

Motions to modify/terminate supervised release must include positions of USAO and Probation Officer.

Motions and Joint Motions to Modify or Terminate supervised release conditions or the term, must include a statement regarding the positions of the United States Attorney’s Office and the United States Probation Officer supervising the defendant.

DocumentMotion To Modify Terminate Supervised Release

Montenegro Criminal Pretrial and Sentencing Chambers Rules · p. 6
|SecVI. Motions to Modify or Terminate Supervised Release
Filing RequirementsImportantCriminal cases

Even if the parties stipulate to the instruction, each instruction should be accompanied by a citation to the Ninth Circuit Manual of Model Jury Instructions and/or other authority.

DocumentJury Instructions

Filing RequirementsImportantCriminal cases

If the instruction is undisputed, the instruction shall be identified as “Stipulated Instruction No. ____ Re ___________.”

DocumentJury Instructions

Filing RequirementsImportantCriminal cases

If one party offers an instruction and the opposing party does not have a counter version to that instruction (and simply contends that no such instruction in any version should be given), that party should so state on a separate page inserted in logical sequence in lieu of an alternate version.

DocumentJury Instructions

Filing RequirementsImportantCivil cases

Parties must revise and re-lodge materials if errors identified at final pretrial conference.

At the final pretrial conference, the Court may identify errors in the parties’ final pretrial conference order and other materials. The parties must revise and re-lodge those materials as soon is reasonably practicable.

DocumentFinal Pretrial Conference Order

Montenegro Civil Chamber Rules · p. 11
|SecFinal Pretrial Conference
Filing RequirementsImportantCivil cases

Exhibits omitted from the final pretrial order are subject to exclusion at trial, true impeachment exhibits excepted.

DocumentFinal Pretrial Order

Montenegro Civil Chamber Rules · p. 13
|SecC. Evidence and Exhibits
Filing RequirementsNoteCriminal cases

If the parties cannot agree on a proposed special verdict form, they may submit separate proposals.

DocumentVerdict Forms

Filing RequirementsNoteCriminal cases

If the parties intend to use a special verdict form, they should meet and confer in an effort to submit a joint proposed special verdict form.

DocumentVerdict Forms

Filing RequirementsNoteCriminal cases

Counsel may also submit to the court as part of a sentencing memorandum a brief summary of letters in excess of the amount authorized by this order.

DocumentSentencing Memorandum

Filing RequirementsNoteCriminal cases

Judge Montenegro closely reviews all sentencing documents prior to the hearing and will allow each party to supplement their filings on the record, as needed.

DocumentSentencing

Filing & Service rules

Filing Timing and Cure Windows

Motions in limine are due three weeks before the hearing, and oppositions are due two weeks before the hearing.

Motions in limine are due three (3) weeks before the hearing, with any opposition due two (2) weeks before the hearing.

Criminal cases

Page 1 | B. Motions in Limine

The parties may serve and file briefs on significant disputed matters no later than five Court days before trial.

Pursuant to Criminal Local Rule 23.1, the parties may, no later than five (5) Court days before the date of trial, serve and file briefs on all significant disputed

Criminal cases

Page 2 | D. Trial Briefs

Service and Proof of Service Rules

Supplemental jury instructions must be filed and served as soon as the need for them becomes apparent.

Supplemental instructions must be filed and served as soon as the need for them becomes apparent.

Criminal cases

Page 1 | C. Jury Instructions

Courtesy Copy Requirements

Four courtesy copies of exhibits in binders plus three thumb drives required 5 days before trial.

the parties are instructed to provide the Court with four courtesy Copies of each exhibit, organized in binders for the Court’s use and review during trial. The parties must also provide three thumb drives of all exhibits to the Court. Such courtesy copies should be delivered to the Court no later than five (5) days prior to trial.

Civil cases

Page 15 | Exhibits

Courtesy copies required for documents over 20 pages.

Unless otherwise ordered by the Court, for any document which exceeds twenty (20) pages in length (including attachments and exhibits), the filing party must deliver a file-stamped courtesy copy directly to chambers within twenty-four (24) hours after filing.

Criminal cases

Page 3 | Motions

No courtesy copies are required for any filing.

E. Courtesy Copies. No courtesy copies are necessary for any filing.

Civil cases

Page 5 | E. Courtesy Copies

Sealing & Redaction Procedures

Motion to seal must describe which documents/categories to seal and whether in full or part.

The motion to seal must provide the Court with a specific description of the particular documents or categories of documents to be protected, including, for each document subject to the motion, whether the moving party seeks to seal the document in full or in part (i.e., with redactions).

Civil cases

Page 9 | Sealing Procedure

If the moving party has sought an order to seal the document in full, the party should file a slip sheet making clear for the Court that the document is subject to the motion to seal.

If the moving party has sought an order to seal the document in full, the party should file a slip sheet making clear for the Court that the document is subject to the motion to seal.

Civil cases

Page 9 | Sealing Procedure

Motion to seal must include declarations showing compelling reason or good cause.

The motion to seal must be accompanied by declaration(s) from individual(s) with knowledge of the content of the documents demonstrating a compelling reason or good cause to protect those documents from disclosure.

Civil cases

Page 9 | Sealing Procedure

Documents filed under seal must be accompanied by a motion to seal.

Any document submitted for filing under seal (including motions, responses, declarations, exhibits, etc.) must be accompanied by a motion authorizing such filing.

Civil cases

Page 9 | Sealing Procedure

If the moving party seeks to seal the document in full, the document should be lodged in full, without redactions. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the alleged confidential or privileged information highlighted in yellow for the Court's consideration.

If the moving party seeks to seal the document in full, the document should be lodged in full, without redactions. If the moving party seeks to seal only portions of the document by using redactions, the document should be lodged with the alleged confidential or privileged information highlighted in yellow for the Court's consideration.

Civil cases

Page 9 | Sealing Procedure

Must file public version with only confidential/privileged info redacted.

The party requesting a sealing order must also file a “public” version of the document(s) it seeks to file under seal. For each document the moving party seeks to seal, the party may redact only that information that is deemed confidential or privileged.

Civil cases

Page 9 | Sealing Procedure

Proposed sealed documents must be filed in CM/ECF using 'Sealed Lodged Proposed Document' format.

After filing a motion to seal, the moving party must immediately file the proposed sealed documents in CM/ECF using the “Sealed Lodged Proposed Document” in accordance with Section 2(j) of the ECF Manual.

Civil cases

Page 9 | Sealing Procedure

If the moving party has sought an order to seal only portions of the document, the party should file the document with the alleged confidential or privileged information redacted.

If the moving party has sought an order to seal only portions of the document, the party should file the document with the alleged confidential or privileged information redacted.

Civil cases

Page 9 | Sealing Procedure

Motion to seal required for documents designated as confidential; response due within 7 days.

In these circumstances, the moving party must first meet and confer with the designating party to determine whether the designating party maintains that any portion of the document must be filed under seal. If so, the moving party must file a motion to seal. In addition, the designating party must file a response to the sealing motion within seven days that satisfies the sealing standard described above.

Civil cases

Page 11 | Sealing Procedure

Presumptive right of public access to court records exists under common law and First Amendment.

There is a presumptive right of public access to court records based upon common law and First Amendment grounds.

Civil cases

Page 8 | Seeking Leave to File Documents Under Seal

Mutual agreement or stipulated protective order is insufficient cause for sealing documents.

The fact that both sides agree to seal a document or that a stipulated protective order was issued is insufficient cause for sealing.

Civil cases

Page 8 | Seeking Leave to File Documents Under Seal

Court may deny public access to protect sensitive personal or confidential information.

Even where a public right of access exists, such access may be denied by the Court in order to protect sensitive personal or confidential information.

Civil cases

Page 8 | Seeking Leave to File Documents Under Seal

Motions to file documents under seal are strongly discouraged.

motions to file documents under seal are strongly discouraged.

Civil cases

Page 8 | Seeking Leave to File Documents Under Seal

Filing Bundling Requirements

The parties must avoid duplication of exhibits as much as possible. If the same exhibit is referred to in more than one motion noticed for the same day, the exhibit should be filed only once. Similarly, if more than one party refers to the same exhibit relative to a motion noticed for the same day, only one party should file the exhibit. The parties must use precise citations to assist the Court in locating all exhibits and the pertinent portions of those exhibits.

The parties must avoid duplication of exhibits as much as possible. If the same exhibit is referred to in more than one motion noticed for the same day, the exhibit should be filed only once. Similarly, if more than one party refers to the same exhibit relative to a motion noticed for the same day, only one party should file the exhibit. The parties must use precise citations to assist the Court in locating all exhibits and the pertinent portions of those exhibits.

Civil cases

Page 5 | F. Exhibits

Pre-Motion Conference Requirements

Pre-motion conference with opposing counsel required at least 7 days before filing.

Any party contemplating the filing of any noticed motion before this Court must first contact opposing counsel to discuss thoroughly—preferably in person—the substance of the contemplated motion and any potential resolution. The conference must take place at least seven (7) days prior to the filing of the motion.

Civil cases

Page 3 | III. Motion Practice

Parties filing a noticed motion may choose any Monday between thirty (30) and sixty (60) days from the motion’s filing date.

Parties filing a noticed motion may choose any Monday between thirty (30) and sixty (60) days from the motion’s filing date.

Civil cases

Page 3 | III. Motion Practice

Party seeking amendment must provide proposed amended pleading and explanation to opposing counsel.

To facilitate this process, the party seeking to amend their pleading shall provide opposing counsel with a copy of the proposed amended pleading along with an explanation of the reasons for the amendment.

Civil cases

Page 7 | Motions to Amend the Pleadings

Joint statement of disputed/undisputed facts required 10 days before hearing, filed with reply brief.

Ten (10) days before the hearing date, the parties shall meet and confer to arrive at a joint statement of disputed and undisputed facts, which shall be filed no later than the reply brief.

Civil cases

Page 7 | Motions for Summary Judgment

Meet and confer required before filing motions to amend pleadings.

Before filing any motions to amend the pleadings, counsel shall meet and confer in good faith regarding the proposed amendment.

Civil cases

Page 7 | Motions to Amend the Pleadings

Separate statements of disputed/undisputed facts will not be considered by the Court.

The Court will not consider any separate statements of disputed or undisputed facts.

Civil cases

Page 7 | Motions for Summary Judgment

Declaration documenting meet and confer efforts required if parties cannot agree on amendment.

If counsel are unable to reach agreement regarding the proposed amendment, counsel filing the motion to amend shall attach a declaration to the motion documenting counsels’ meet and confer efforts.

Civil cases

Page 7 | Motions to Amend the Pleadings

TRO motions must be briefed; ex parte hearings only in extraordinary circumstances.

All motions for temporary restraining orders shall be briefed. While temporary restraining orders may be heard ex parte, the Court will do so only in extraordinary circumstances. The Court’s strong preference is for the opposing party to be served and afforded a reasonable opportunity to file an opposition.

Civil cases

Page 11 | Temporary Restraining Orders

Meet and confer required before filing motions in limine, with declaration if unsuccessful.

Before filing any motions in limine, parties are required to meet and confer in an attempt to resolve their dispute. If the parties are unable to resolve their differences, counsel filing the motion in limine shall attach a declaration documenting the parties' meet and confer efforts and the reason for their failure to reach an agreement.

Civil cases

Page 13 | B. Motions in Limine

Motions in limine briefing schedule: file 3 weeks before hearing, oppositions due 2 weeks before.

A briefing schedule for motions in limine will be set at the final pretrial conference. Generally, motions in limine will be heard two weeks before trial unless otherwise ordered by the Court given the circumstances of the case. Such motions must be filed and served three weeks before the scheduled hearing date, with oppositions due two weeks before the hearing.

Civil cases

Page 13 | B. Motions in Limine

One brief per motion in limine per side in multi-party cases; excess filings stricken.

If the case involves multiple plaintiffs or multiple defendants, only one brief per motion in limine per side will be accepted. Unless the parties obtain leave of Court to exceed the limitations contained herein prior to filing, multiple filings and filings that exceed the page limitations will be stricken.

Civil cases

Page 13 | B. Motions in Limine

Reply briefs for motions in limine are generally not permitted, but a party may seek leave to file a necessary reply.

The Court generally does not permit reply briefs for motions in limine. A party may seek leave from the Court to file any necessary reply brief.

Criminal cases

Page 1 | B. Motions in Limine

If hearing Monday is federal holiday, next Tuesday may be selected.

If the preferred Monday is a federal holiday, then the filing party may select the following Tuesday as the hearing date for the motion.

Civil cases

Page 3 | III. Motion Practice

Exceptions to pre-motion conference: pro se plaintiffs, TROs/PIs, summary judgment motions.

The only exceptions to this meet-and-confer requirement are: (1) in cases where the plaintiff is appearing pro se and is not an attorney; (2) for applications for temporary restraining orders or preliminary injunctions; and (3) motions and cross-motions for summary judgment.

Civil cases

Page 3 | III. Motion Practice

Ex parte applications require meet-and-confer and declaration documenting contact efforts.

Before filing any ex parte application, counsel must contact the opposing party to meet and confer regarding the subject of the ex parte application. All ex parte applications must comply with Civil Local Rule 83.3(g) including a declaration from the movant documenting: (1) efforts to contact opposing counsel; (2) counsel’s good faith, in person or by telephone meet-and-confer efforts to resolve differences with opposing counsel; and (3) opposing counsel’s general position regarding the ex parte application.

Civil cases

Page 11 | Ex Parte Applications

Ex parte applications that are not opposed within three (3) Court days may be considered unopposed and granted on that ground.

Ex parte applications that are not opposed within three (3) Court days may be considered unopposed and granted on that ground.

Civil cases

Page 11 | Ex Parte Applications

Adjournment & Extension Requirements

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.

Criminal cases

Page 1 | Communications with Chambers

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.

Criminal cases

Page 1 | Communications with Chambers

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.

Criminal cases

Page 1 | Communications with Chambers

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.

Criminal cases

Page 5 | D. Sentencing Deadlines and Materials

Chambers Communication Rules

Only counsel with knowledge of the case may call chambers.

Such calls may only be made by counsel with knowledge of the case.

Civil cases

Page 1 | I. Communications with Chambers

Letters, faxes, and emails are prohibited except for specific court-authorized purposes.

Letters, faxes, and emails are prohibited unless otherwise authorized by the Court. The Court’s e-file email account must only be used to lodge or submit proposed orders, required trial documents, or other documents requested by the Court.

Civil cases

Page 1 | I. Communications with Chambers

Opposing party must immediately notify chambers of intent to oppose ex parte application.

The opposing party must immediately notify chambers that they intend to oppose the ex parte application.

Civil cases

Page 11 | Ex Parte Applications

Letters/emails to chambers are prohibited unless specifically requested by the Court.

Letters and emails to chambers are prohibited, unless specifically requested by the Court. If letters and/or emails are requested, copies of the same shall be simultaneously delivered to all counsel. Copies of correspondence between counsel shall not be sent to the Court.

Criminal cases

Page 1 | Communications with Chambers

Counsel should request to address the Court outside the jury’s presence at the start of a recess or at day’s end; requests immediately before trial begins or resumes after a recess generally will not be granted.

Sidebar conferences are disfavored. If counsel desire to speak to the Court outside the jury’s presence, counsel may request to do so at the start of a recess or at the end of the day. Requests to see the Court outside the presence of the jury when the Court is about to begin the day of trial or reconvene following a recess generally will not be granted. These matters usually can wait until the next recess. If there are issues that must be addressed outside the presence of the jury, the Court shall address those issues either during a break, in the morning before the jury arrives, or once the jury departs at the end of the day.

Criminal cases

Page 5 | K. Bench Conferences

Telephone calls to chambers are rarely necessary due to motion scheduling procedures.

In light of the Court’s procedure for setting motion hearing dates as set forth in Section III. B., telephone calls to chambers are rarely necessary.

Civil cases

Page 1 | I. Communications with Chambers

Chambers may not be contacted for hearing dates.

Parties intending to file a motion may not contact chambers for a hearing date.

Civil cases

Page 3 | III. Motion Practice

Judicial staff cannot provide legal advice or time estimates for rulings.

Please note that judicial staff are not authorized to offer legal advice or give time estimates for written rulings.

Civil cases

Page 1 | I. Communications with Chambers

Chambers contact information provided for telephone and email.

The Chambers telephone line is (619) 695-5877 and email is efile_montenegro@casd.uscourts.gov.

Civil cases

Page 1 | I. Communications with Chambers

If your call is not answered, you may leave a voicemail—including your name, contact information, case number, case name, and detailed message.

If your call is not answered, you may leave a voicemail—including your name, contact information, case number, case name, and detailed message.

Civil cases

Page 1 | I. Communications with Chambers

Court reporter contact limited to transcript orders and transcript-related questions.

The court reporter should only be contacted to order hearing or trial transcripts, or to ask transcript-related questions (e.g., inquiring about pricing). For transcript requests, please contact Adrian Baule at Adrian_Baule@casd.uscourts.gov.

Civil cases

Page 2 | I. Communications with Chambers

Telephone calls to chambers are permitted for non-docketing matters; call (619) 695-5877.

Telephone calls to chambers are permitted. For matters other than docketing, scheduling or calendaring, call chambers at (619) 695-5877, and address your inquiries to Law Clerks. For docketing, scheduling and calendaring matters, please contact the Courtroom Deputy by filling out the message form located here.

Criminal cases

Page 1 | Communications with Chambers

Criminal matters are generally scheduled for Fridays at 9:00 a.m.

Criminal matters will generally be heard on Fridays at 9:00 a.m., unless otherwise scheduled by the Court.

Criminal cases

Page 1 | Communications with Chambers

About United States District Judge Ruth Bermudez Montenegro

District Judge Ruth Bermudez Montenegro was appointed to the Southern District of California by President Joseph R. Biden in 2022.

Judge Montenegro was born in 1967 in Brawley, California. She was nominated on January 3, 2022, confirmed by the Senate on March 22, 2022, and received her commission on March 30, 2022, filling the seat vacated by John A. Houston. Prior to her district court appointment, she served as a U.S. Magistrate Judge for the Southern District of California from 2018 to 2022 and as a California Superior Court judge in Imperial County.

Education

  • UCLA School of Law, J.D., 1992
  • Clarion University of Pennsylvania, B.A., 1989
  • Imperial Valley College, A.A., 1987

Career

  • Private practice, El Centro, California (1993–2000)
  • Deputy county counsel, Imperial County (2000)
  • Director of Human Resources/Counsel, Imperial Community College District (2000–2002)
  • Administrative Services Officer and Counsel, El Centro Elementary School District (2002–2011)
  • Assistant county counsel, Imperial County (2011–2012)
  • Judge, Superior Court of California, Imperial County (2012–2013, 2015–2018); Family Support Commissioner (2013–2015)
  • U.S. Magistrate Judge, Southern District of California (2018–2022)

Courthouse: James M. Carter and Judith N. Keep U.S. Courthouse, 333 W. Broadway, San Diego, CA 92101 Chambers: Courtroom 5B Phone: (619) 695-5877

Chambers Staff

  • Courtroom Deputy: A. Cazares, (619) 557-2667
  • Court Reporter: A. Baule
Common questions about Judge Ruth Bermudez Montenegro's rules

Are courtesy copies required for Judge Ruth Bermudez Montenegro?

Details: 4 copies, delivery five days before trial. Four courtesy copies of exhibits in binders plus three thumb drives required 5 days before trial.

View ruleSource: page 15, section Exhibits

Does Judge Ruth Bermudez Montenegro require a pre-motion conference or letter before filing a motion?

Declaration documenting meet and confer efforts required if parties cannot agree on amendment.

View ruleSource: page 7, section Motions to Amend the Pleadings

What page or word limits apply to motion in limine before Judge Ruth Bermudez Montenegro?

Judge Ruth Bermudez Montenegro's rule states these limits: attorney: 10 pages. 5 motions in limine max per side, 10 pages each, no replies unless directed.

View ruleSource: page 13, section B. Motions in Limine

What formatting rules apply to filings before Judge Ruth Bermudez Montenegro?

Judge Ruth Bermudez Montenegro's formatting rule includes clearly identify modifications to any form instruction in bold, redlined format, or another manner that makes the proposed modifications clear to the court.. Modifications to any form instruction must be clearly identified in bold, redline, or another clear format.

View ruleSource: page 2, section C. Jury Instructions

What must be included with jury instructions filings before Judge Ruth Bermudez Montenegro?

Proposed jury instructions must be filed 14 days before trial unless the Court orders otherwise, and a Word copy must be emailed to the specified address.

View ruleSource: page 1, section C. Jury Instructions

What must be included with verdict forms filings before Judge Ruth Bermudez Montenegro?

Proposed verdict forms must be filed 14 days before trial unless the Court orders otherwise, and a Word copy must be emailed to the specified address.

View ruleSource: page 2, section Verdict Forms

How may parties contact Judge Ruth Bermudez Montenegro's chambers?

Only counsel with knowledge of the case may call chambers.

View ruleSource: page 1, section I. Communications with Chambers

How does Judge Ruth Bermudez Montenegro handle sealed or redacted filings?

A motion to seal is required for covered sealed filings before Judge Ruth Bermudez Montenegro. Process: file redacted on ecf and file unredacted to chambers. Motion to seal required for documents designated as confidential; response due within 7 days.

View ruleSource: page 11, section Sealing Procedure

How do I request an adjournment or extension before Judge Ruth Bermudez Montenegro?

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.

View ruleSource: page 1, section Communications with Chambers

Does Judge Ruth Bermudez Montenegro require motion papers to be bundled?

The parties must avoid duplication of exhibits as much as possible. If the same exhibit is referred to in more than one motion noticed for the same day, the exhibit should be filed only once. Similarly, if more than one party refers to the same exhibit relative to a motion noticed for the same day, only one party should file the exhibit. The parties must use precise citations to assist the Court in locating all exhibits and the pertinent portions of those exhibits.

View ruleSource: page 5, section F. Exhibits

What filing deadlines does Judge Ruth Bermudez Montenegro set?

The parties may serve and file briefs on significant disputed matters no later than five Court days before trial.

View ruleSource: page 2, section D. Trial Briefs

What rule applies to service for supplemental jury instructions before Judge Ruth Bermudez Montenegro?

Supplemental jury instructions must be filed and served as soon as the need for them becomes apparent.

View ruleSource: page 1, section C. Jury Instructions
Complete rules summary for Judge Ruth Bermudez Montenegro

Undisputed substantive instructions must be identified using the specified stipulated-instruction designation.

Motions in limine are due three weeks before the hearing, and oppositions are due two weeks before the hearing.

Reply briefs for motions in limine are generally not permitted, but a party may seek leave to file a necessary reply.

Proposed jury instructions must be filed 14 days before trial unless the Court orders otherwise, and a Word copy must be emailed to the specified address.

Counsel must meet and confer, submit agreed instructions jointly, and submit separately instructions to which there is an objection.

Supplemental jury instructions must be filed and served as soon as the need for them becomes apparent.

The joint packet must include the full text of form preliminary, general, and concluding instructions with citations to the Ninth Circuit Criminal Model Jury Instructions.

Each stipulated instruction should include a citation to the Ninth Circuit Manual of Model Jury Instructions or other authority.

Disputed instructions must use the specified designation with blanks and brackets completed, and all versions of the same instruction must share a number.

A party without a counter-instruction that contends no version should be given should state that position on a separate page in logical sequence instead of submitting an alternate version.

A proposed modification to a statutory or Ninth Circuit model instruction must specifically state the modification and supporting authority.

A party seeking an instruction the Court omitted must affirmatively re-request it on the record or in writing.

Proposed verdict forms must be filed 14 days before trial unless the Court orders otherwise, and a Word copy must be emailed to the specified address.

Parties intending to use a special verdict form should meet and confer to try to submit a joint proposal.

If the parties cannot agree on a proposed special verdict form, they may submit separate proposals.

The parties must email the verdict form in Word format to the Court’s specified email address.

The parties may serve and file briefs on significant disputed matters no later than five Court days before trial.

Exhibits must be numbered rather than lettered.

Counsel may agree to use separate exhibit-number ranges.

An exhibit should be marked only once, and another party should not assign a second number to the same document.

Different versions of a document must be treated as separate exhibits with different numbers.

Counsel should label and describe exhibits neutrally and without argument.

Hard-copy exhibits may not be passed among jurors during trial.

To let the entire panel examine an exhibit before deliberations, counsel should provide blow-ups or use the Court’s visual equipment.

Counsel may annotate exhibits or demonstratives shown on the Court’s equipment, but the annotations cannot be printed.

Digitized exhibits must display an exhibit tag and number at the bottom-right corner.

Exhibit tags should ideally use a conspicuous color, such as bright yellow.

Counsel must submit a thumb-drive index of admitted exhibits, with each exhibit’s number and a brief, nonargumentative description.

Before publishing an exhibit to the jury, counsel must move for its admission or allow the Court to ask whether the opposing side objects to publication.

Modifications to any form instruction must be clearly identified in bold, redline, or another clear format.

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