Judge Barry Ted Moskowitz
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- Hand Delivery • Same Day
Filings > 20 pages
- Mail Or Hand Delivery • Within 24 Hours
Adjournments
- Motion papers must be filed and served within 3 court days of obtaining hearing date or forfeit the date.
Page & Word Limits2 rules
Machine summary. Not checked yet.Mandatory?
Typically, each side will be permitted to file 5 motions in limine limited to 5 pages each.
Summary: Each side may file up to 5 motions in limine, 5 pages each.
Motion In Limine
5 pages
Applies to: Attorney
Machine summary. Not checked yet.Important?
Responses to objections contained in a reply brief may be made in a sur-reply brief that does not exceed five pages. The scope of such a sur-reply is limited to responses to objections; any additional argument will be disregarded.
Summary: Sur-reply brief (max 5 pages) allowed for responding to objections in reply brief.
Sur Reply
5 pages
Document Format Requirements2 rules
Machine summary. Not checked yet.Mandatory?
The proposed pretrial order shall be in the format prescribed by CivLR 16.1.f.6.c.
Summary: Pretrial order must follow CivLR 16.1.f.6.c format.
Machine summary. Not checked yet.Important?
If a filing has more than three (3) exhibits the exhibits must be tabbed.
Summary: Filings with more than 3 exhibits must be tabbed.
Document Filing Requirements13 rules
Machine summary. Not checked yet.Mandatory?
IT IS HEREBY ORDERED that no party in a criminal case shall submit more than five (5) letters regarding sentencing unless authorized by the court for good cause shown.
Summary: Maximum of 5 sentencing letters unless court authorizes more for good cause.
Document Type
Sentencing Letter
Machine summary. Not checked yet.Mandatory?
Any letters submitted to the court must be filed no later than five (5) days prior to sentencing and must be typed in at least 14-point font.
Summary: Sentencing letters must be filed 5 days before sentencing in 14-point font.
Document Type
Sentencing Letter
Machine summary. Not checked yet.Mandatory?
Unless otherwise instructed by the Court, parties filing motions with the Court shall include the following language on the caption page of the notice of motion, directly under the hearing date: “PER CHAMBERS, NO ORAL ARGUMENT UNLESS REQUESTED BY THE COURT.”
Summary: Motion caption must include “NO ORAL ARGUMENT UNLESS REQUESTED BY THE COURT” unless otherwise instructed.
Document Type
Notice Of Motion
Machine summary. Not checked yet.Mandatory?
Proposed orders must be submitted in Word or WordPerfect format simultaneously with the filing of all joint motions/stipulations and applications/requests. Proposed orders are not required for noticed motions.
Summary: Proposed orders required for joint motions/stipulations in Word/WordPerfect format.
Document Type
Joint Motion
Machine summary. Not checked yet.Mandatory?
Separate Statements of Fact must not be filed unless leave of Court has been granted.
Summary: Separate Statements of Fact require leave of Court.
Document Type
Separate Statement Of Fact
Machine summary. Not checked yet.Mandatory?
Objections to evidence submitted in support of a motion must be contained within the opposition brief. Similarly, objections to evidence submitted in support of an opposition must be contained within the reply brief.
Summary: Objections to evidence must be in opposition brief (for motion) or reply brief (for opposition).
Document Type
Opposition Brief
Machine summary. Not checked yet.Mandatory?
Sur-replies may not be filed unless leave of Court has been granted.
Summary: Sur-replies require leave of Court.
Document Type
Sur Reply
Machine summary. Not checked yet.Mandatory?
At least seven days prior to the pretrial conference, the parties shall lodge a joint proposed pretrial order with chambers and email a copy of the proposed pretrial order to efile_Moskowitz@casd.uscourts.gov.
Summary: Joint proposed pretrial order due 7 days before pretrial conference.
Document Type
Pretrial Order
Machine summary. Not checked yet.Mandatory?
The requirements of CivLR 16.1.f.6.c regarding the listing of witnesses, exhibits, and deposition transcripts/videotape depositions extend to evidence that counsel anticipate may be used on cross-examination, including impeachment evidence.
Summary: Witnesses, exhibits, and deposition transcripts must be listed for cross-examination evidence as well.
Document Type
Pretrial Order
Machine summary. Not checked yet.Important?
The Court shall strike from the record any letters filed or submitted in violation of this order and they shall not be made available to the court for review.
Summary: Letters violating this order will be stricken from the record.
Document Type
Sentencing Letter
Machine summary. Not checked yet.Important?
Thus, any letters submitted in violation of this order shall not be read by the court or be part of the record.
Summary: Violating letters will not be read or included in the record.
Document Type
Sentencing Letter
Machine summary. Not checked yet.Note?
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.
Summary: Summaries of excess letters can be included in sentencing memorandum.
Document Type
Sentencing Memorandum
Machine summary. Not checked yet.Note?
Additional letters may be submitted to the probation officer who is preparing the presentence report for summarization in the report.
Summary: Extra letters can be submitted to probation officer for summarization.
Document Type
Sentencing Letter
Filing & Service rules
Courtesy Copy Requirements
Urgent filings require same-day hand-delivery of courtesy copy.
If the filing is of an urgent nature, a courtesy copy of the filing must be hand-delivered to chambers on the same day as filing.
Machine summary. Not checked yet. · Civil cases
Page 2 | PRETRIAL MOTION PRACTICE
Courtesy copies required for filings over 20 pages within 24 hours.
Courtesy copies of filings that exceed 20 pages in length, including attachments and exhibits, shall, within 24 hours after filing, be mailed or hand-delivered to chambers.
Machine summary. Not checked yet. · Civil cases
Page 2 | PRETRIAL MOTION PRACTICE
Sealing & Redaction Procedures
Specific reasons required to file documents under seal; confidentiality designation alone is insufficient.
A party seeking to file a document under seal (or with restricted access) must provide specific reasons why such relief is appropriate. The fact that the document has been designated “confidential” or a similar designation pursuant to a protective order is not a sufficient reason in and of itself.
Machine summary. Not checked yet. · Civil cases
Page 3 | Motions to File Documents Under Seal
Meet and confer required before filing motion to seal based on another party's confidentiality designation.
If the moving party seeks to file documents under seal based on another party’s designation of the documents as “confidential,” before filing the motion, the moving party must, if feasible, meet and confer with the other party as to which documents that party contends should be filed under seal.
Machine summary. Not checked yet. · Civil cases
Page 3 | Motions to File Documents Under Seal
Pre-Motion Conference Requirements
Oral argument may be requested with explanation; summary judgment motions get oral argument if non-moving party requests.
Any party may request oral argument by filing a separate request that explains why oral argument would be helpful. Additionally, if requested by a non-moving party on a motion for summary judgment, oral argument will be granted.
Machine summary. Not checked yet. · Civil cases
Page 1 | PRETRIAL MOTION PRACTICE
Adjournment & Extension Requirements
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.
Machine summary. Not checked yet. · Civil cases
Page 1 | PRETRIAL MOTION PRACTICE
Junior Lawyer Participation Incentives
Judge will hold oral argument for junior attorneys (under 5 years) if requested by opposing counsel.
In an effort to provide junior attorneys with opportunities to argue in court, on request, Judge Moskowitz will hold oral argument where: (1) the motion will be argued by attorneys with less than 5 years of admission to the bar for at least two opposing sides; or (2) where the motion will be argued by an attorney with less than 5 years of admission to the bar on one side and the opposing attorney, irrespective of his or her experience, also requests oral argument.
Machine summary. Not checked yet. · Civil cases
Page 2 | PRETRIAL MOTION PRACTICE