Judge Jose E. Martinez
Individual Rules, Standing Orders & Policies
Document Filing Requirements2 rules
Motions for additional sentencing hearing time must specify the amount of additional time needed and the reason for the request.
If any party requires more than 30 minutes, counsel for that party shall file, no later than 14 days prior to the hearing, a motion in which the moving party specifics how much time will be needed and why more time is necessary.
DocumentMotion
counsel shall file a Notice stating which of the previously filed Objections, if any, have been resolved and which Objections, if any, remain to be resolved by the Court at the sentencing hearing.
DocumentNotice
Filing & Service rules
Filing Timing and Cure Windows
The Probation Office must disclose the Final PSR and Addendum no later than 7 days prior to the sentencing hearing.
The Probation Office shall disclose the Final PSR and Addendum no later than 7 days before the sentencing hearing.
Criminal cases
Page 1 | JUDGE JOSE E. MARTINEZ’S SENTENCING PROCEDURES 3, Final PSR
Counsel must file objections to the Draft PSR and any motions for departure or variance from the guidelines within 14 days after disclosure of the Draft PSR.
Counsel shall file their Objections, and Motions for Departure and/or Variance from the guidelines, if any, to the Draft PSR within 14 days after disclosure of the Draft PSR.
Criminal cases
Page 1 | JUDGE JOSE E. MARTINEZ’S SENTENCING PROCEDURES 3, Objections to Draft PSR and/or Sentencing Memoranda
Letters or exhibits to be presented at sentencing must be submitted no later than 7 days prior to the sentencing hearing.
Any letters or exhibits to be presented at sentencing shall be submitted no later than 7 days prior to the sentencing hearing.
Criminal cases
Page 1 | JUDGE JOSE E. MARTINEZ’S SENTENCING PROCEDURES 2
Counsel must file the Notice of resolved and remaining PSR objections no later than 3 days prior to the sentencing hearing.
This Notice shall be filed no later than 3 days before the sentencing hearing.
Criminal cases
Page 1 | JUDGE JOSE E. MARTINEZ’S SENTENCING PROCEDURES 3, Objections to Final PSR
The Probation Office must disclose the Draft Presentence Investigation Report (PSR) no later than 35 days prior to the sentencing hearing.
The Probation Office shall disclose the Draft PSR no later than 35 days prior to the sentencing hearing.
Criminal cases
Page 1 | JUDGE JOSE E. MARTINEZ’S SENTENCING PROCEDURES 3, Disclosure of Draft PSR
Counsel must file a motion for additional sentencing hearing time no later than 14 days prior to the hearing.
If any party requires more than 30 minutes, counsel for that party shall file, no later than 14 days prior to the hearing, a motion in which the moving party specifics how much time will be needed and why more time is necessary.
Criminal cases
Page 1 | JUDGE JOSE E. MARTINEZ’S SENTENCING PROCEDURES 1
Responses to objections to the Draft PSR and any departure or variance motions must be filed 7 days after the deadline for filing such objections and motions.
Responses to the Objections and any Motions for Departure and/or Variance from the guidelines shall be filed 7 days thereafter.
Criminal cases
Page 1 | JUDGE JOSE E. MARTINEZ’S SENTENCING PROCEDURES 3, Objections to Draft PSR and/or Sentencing Memoranda