Judge Cathy Ann Bencivengo
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
All filings
- 1 copy • Hand Delivery • Within 24 Hours
Courtesy copies
- Not required
Adjournments
- Telephonic appearance requests require ex parte application filed at least one week before hearing.
Communication
Phone
Chambers
Letter via fax
Chambers
Chambers
Page & Word Limits1 rule
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The Court will conduct the initial jury voir dire. On a case by case basis, the Court may permit follow-up voir dire conducted by the attorneys. If voir dire by counsel is permitted, ten minutes per side on non-complex cases generally will be allowed.
Summary: Court conducts initial voir dire; counsel may follow up with 10 minutes per side on non-complex cases.
Structured details unavailable. See the source text.
Document Format Requirements2 rules
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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 documents already contained on the electronic docket will not be included as exhibits. Such documents should be cited in the text of the motion as [Doc. No. ___ at ___] referencing the docket number of the document cited and using the ECF generated page number for pinpoint cites.
Summary: Exhibits must be excerpted, labeled, dated, tabbed, indexed; do not include documents already on docket.
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For cases not assigned to a reporter for publication, WESTLAW citations should be given, if available. Citations to cases not available in WESTLAW or LEXIS should be accompanied by copies of the cases cited.
Summary: Use WESTLAW citations when available; provide copies for cases not in WESTLAW/LEXIS.
Document Filing Requirements24 rules
Machine summary. Not checked yet.Mandatory?
The parties should each submit proposed jury instructions to the Court five (5) court days before trial, unless otherwise ordered by the Court. Supplemental instructions must be filed and served as soon as the need for them becomes apparent.
Summary: Proposed jury instructions due 5 court days before trial; supplemental instructions filed immediately.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
All counsel shall adhere strictly to Criminal Local Rule 32.1(a)(9), which provides that completed sentencing summary charts must be filed no later than seven (7) days prior to a scheduled sentencing hearing.
Summary: Sentencing summary charts must be filed 7 days before sentencing hearing.
Document Type
Sentencing Summary Chart
Machine summary. Not checked yet.Mandatory?
Proposed orders will only be submitted on non-dispositive, procedural motions in accordance with Section 2(h) of the ECF Manual. Counsel should email proposed orders in Word format directly to efile_bencivengo@casd.uscourts.gov.
Summary: Proposed orders only for non-dispositive procedural motions; email in Word format to specified address.
Document Type
Proposed Order
Machine summary. Not checked yet.Mandatory?
Any ex parte motion filed with the Court will be served on opposing counsel via fax, electronic mail with return receipt requested, or overnight mail. Ex parte motions that are not opposed within two Court days will be considered unopposed and may be granted on that ground.
Summary: Ex parte motions must be served on opposing counsel and unopposed motions may be granted after 2 court days.
Document Type
Ex Parte Motion
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Notwithstanding Civil Local Rule 7.1.f.1., Separate Statements of Fact will NOT be filed.
Summary: Separate Statements of Fact are not required for summary judgment motions.
Document Type
Summary Judgment Motion
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These challenges may be exercised only as to panelists one through twenty-eight, that is, not as to the panelists from whom the alternates will be chosen.
Summary: Peremptory challenges limited to jurors 1-28; alternates selected from 29-32.
Document Type
Jury Selection
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The Courtroom Deputy will provide counsel with a numerical list of the jury panel at the start of voir dire, along with a seating chart. Jurors assigned seat numbers one through thirty-two will be questioned.
Summary: Courtroom Deputy provides jury panel list and seating chart; jurors 1-32 questioned.
Document Type
Jury Selection
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After the Court and counsel have voir dired the panel, counsel may exercise challenges for cause outside the presence of the prospective jurors. If any challenges for cause are sustained, the removed panelists usually will be replaced by inserting new panelists from the venire so that a full panel exists before any peremptory challenges are exercised.
Summary: Challenges for cause exercised outside jury's presence; replaced by new venire panelists before peremptory challenges.
Document Type
Jury Selection
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The exercise of peremptory challenges will follow. Counsel will exercise alternating challenges—outside the presence of the prospective jurors—by calling out the jurors’ numbers they wish to excuse. The process will be repeated until all peremptory challenges are exhausted.
Summary: Peremptory challenges exercised alternately outside jury's presence by calling out juror numbers.
Document Type
Jury Selection
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In a single defendant case, the Government may exercise one challenge, followed by the defendant’s exercise of two challenges for four rounds, then each side may exercise one challenge for two rounds, making a total of six and ten.
Summary: Peremptory challenge sequence: Gov 1, Def 2 (4 rounds), then Gov 1, Def 1 (2 rounds) = 6 Gov, 10 Def.
Document Type
Jury Selection
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Feel free to approach witnesses during examination, but first seek permission from the Court. Please keep your visit to the witness stand brief, e.g., by quickly orienting a witness with an exhibit and returning to the podium.
Summary: Witness approach requires court permission and must be brief.
Document Type
Trial Procedure
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Generally, two alternates are selected from the remaining unchallenged panelists.
Summary: Two alternates selected from remaining unchallenged panelists.
Document Type
Jury Selection
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When each side has exhausted its peremptory challenges, the first twelve unchallenged persons shall constitute the jury.
Summary: First 12 unchallenged jurors become the jury after peremptory challenges.
Document Type
Jury Selection
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Refrain from talking to each other in the presence of the jury. If clarification on a matter is needed, please seek clarification from the Court and not directly from counsel.
Summary: Attorneys prohibited from talking to each other in jury's presence; seek court clarification instead.
Document Type
Trial Procedure
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Also note that challenges may be made to any of the panelists regardless of where that panelist appears in the array (except as to the prospective alternate jurors, that is, jurors twenty-nine through thirty-two).
Summary: Peremptory challenges can target any juror except alternates (29-32).
Document Type
Jury Selection
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After the twelve-person jury is selected, each side has one additional peremptory challenge which is exercisable only with respect to panelists twenty-nine through thirty-two, that is, the prospective alternates.
Summary: Each side gets one final peremptory challenge for alternates (29-32) after jury selected.
Document Type
Jury Selection
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If a party passes one time, he or she may not exercise any more peremptory challenges.
Summary: Passing once during peremptory challenges forfeits remaining challenges.
Document Type
Jury Selection
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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.
Summary: Requests to see court outside jury's presence at trial start or recess end generally denied.
Document Type
Trial Procedure
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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 the recess or at the end of the day.
Summary: Sidebar conferences disfavored; requests to speak to court outside jury's presence should be at recess start or day end.
Document Type
Trial Procedure
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These matters usually can wait for the next recess.
Summary: Matters that can wait should be addressed at next recess.
Document Type
Trial Procedure
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When objecting, state only the legal ground for the objection; e.g., 'Objection, hearsay.' Speaking objections are not permitted, unless the Court requests further information from counsel.
Summary: Objections limited to legal grounds; speaking objections prohibited unless court requests.
Document Type
Trial Procedure
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Where a party has more than one lawyer, only one lawyer may conduct the examination of a given witness and that lawyer alone may make objections concerning that witness.
Summary: Only one attorney per party may examine a witness and make objections for that witness.
Document Type
Trial Procedure
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Conduct all examination of witnesses from the podium.
Summary: Witness examination must be conducted from the podium.
Document Type
Trial Procedure
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Do not enter the well, except during voir dire, opening statement and closing argument.
Summary: Attorneys prohibited from entering well except during voir dire, opening, and closing.
Document Type
Trial Procedure
Filing & Service rules
Courtesy Copy Requirements
Motions (except US) require two conformed copies filed with the Court.
The original of all motions, including exhibits, on behalf of any defendant or any moving party, except the United States, shall be accompanied with two conformed copies and filed with the Court, for good cause and by order only, shortens such time. Criminal Local Rule 47.1(b).
Machine summary. Not checked yet. · Criminal cases
Page 2 | MOTIONS
Courtesy copies of motion to seal and unredacted materials must be delivered to chambers within 24 hours.
A courtesy copy of the (filed) motion to file documents under seal, along with a courtesy copy of the unredacted (unfiled) materials that the party wants to file under seal, will be delivered to Judge Bencivengo’s Chambers within 24 hours of filing.
Machine summary. Not checked yet. · Civil cases
Page 4 | V. PROTECTIVE ORDERS AND REQUESTS TO FILE UNDER SEAL
Courtesy copies are not required unless specifically requested by the court.
Parties do not need to provide courtesy copies unless specifically requested by the Court.
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Page 1 | I. COMMUNICATIONS WITH CHAMBERS
Sealing & Redaction Procedures
Motion to seal must be filed at least 7 calendar days before non-discovery motion.
If the party filing the non-discovery motion (or opposition thereto) intends to cite or attach documents or information that it believes should be filed under seal, the moving party must file a motion to file documents under seal at least seven calendar days prior to the date on which it intends to file the non-discovery motion.
Machine summary. Not checked yet. · Civil cases
Page 4 | V. PROTECTIVE ORDERS AND REQUESTS TO FILE UNDER SEAL
Confidential designation waived if motion to seal not filed within deadline.
If the designating party does not timely file a motion to file documents under seal, the confidential designation will be deemed waived, and the party seeking to use the documents or information will file it publicly in connection with its motion or opposition.
Machine summary. Not checked yet. · Civil cases
Page 4 | V. PROTECTIVE ORDERS AND REQUESTS TO FILE UNDER SEAL
Designating party has 4 business days to file motion to seal after notice.
The designating party will then have four business days from the date of the notice to file a motion to file documents under seal.
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Page 4 | V. PROTECTIVE ORDERS AND REQUESTS TO FILE UNDER SEAL
Filing Bundling Requirements
Motions must be set for hearing 35 days after filing.
Parties filing a noticed motion must set the hearing date to be thirty five (35) days from the motion’s filing date.
Machine summary. Not checked yet. · Civil cases
Page 2 | II. MOTIONS
Pre-Motion Conference Requirements
Motions in limine due 2 weeks before hearing; opposition due 1 week before.
At the pretrial motions date, the Court generally will schedule a hearing date for motions in limine at 11:00 a.m. on the Friday before the Monday trial call. Motions in limine are due two weeks before the hearing, with any opposition due one week before the hearing.
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Page 2 | TRIAL PROCEDURES
Hearing date sets briefing schedule only; no oral argument unless separately ordered.
The hearing date on a motion does not indicate a date when appearances are necessary; rather, it sets the briefing schedule for the motion pursuant to the applicable local rules. Consequently, the filing party will not specify a hearing time on its motion, and will include the following language in the caption of the motion: PER CHAMBERS RULES, NO ORAL ARGUMENT UNLESS SEPARATELY ORDERED BY THE COURT.
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Page 2 | II. MOTIONS
Ex parte motions require meet-and-confer declaration documenting contact efforts and opposing counsel's position.
Before filing any ex parte motion, counsel will contact the opposing party to meet and confer regarding the subject of the ex parte motion. All ex parte motions will be accompanied by a declaration from the movant documenting (1) efforts to contact opposing counsel, (2) counsel’s good faith efforts, in person or by telephone, to meet and confer to resolve differences with opposing counsel, and (3) opposing counsel’s general position regarding the ex parte motion.
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Page 3 | IV. EX PARTE MOTIONS
Failure to file opposition may be construed as consent to granting motion.
An opposing party’s failure to timely file an opposition to any motion may be construed as consent to the granting of the motion pursuant to Local Rule 7.1.f.3.c.
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Page 2 | II. MOTIONS
Motions are heard on Friday at 11:00 AM; changes require Courtroom Deputy approval.
The magistrate judge will set a date for pretrial motions. Any changes to that date or any other hearing date for motions shall be obtained from the Courtroom Deputy. Criminal Local Rule 47.1(a). Motions generally are heard on the Court’s Friday calendar at 11:00 a.m.
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Page 1 | MOTIONS
Oral argument may be requested with explanation; court will set date if granted.
A party may request oral argument by filing a separate request that explains why oral argument would be helpful to the Court. If the Court grants a request for oral argument or sua sponte decides to hear oral argument, the Court will issue an order setting forth the date and time for oral argument.
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Page 2 | II. MOTIONS
Adjournment & Extension Requirements
Continuance requests must be made to Courtroom Deputy; subsequent requests require joint motion filed 48 hours before appearance.
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.
Machine summary. Not checked yet. · Criminal cases
Page 1 | COMMUNICATIONS WITH CHAMBERS
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.
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Page 3 | IV. EX PARTE MOTIONS
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.
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Page 2 | DISPOSITIONS AND SENTENCINGS
Chambers Communication Rules
Letters to chambers are prohibited unless specifically requested by the Court.
Letters to chambers are prohibited, unless specifically requested by the Court. If letters 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.
Machine summary. Not checked yet. · Criminal cases
Page 1 | COMMUNICATIONS WITH CHAMBERS
Faxes to chambers are prohibited unless specifically requested by the Court.
Faxes to chambers are prohibited, unless specifically requested by the Court. If faxes are requested, copies of the same shall be simultaneously faxed or delivered to all counsel. Copies of correspondence between counsel shall not be sent to the Court.
Machine summary. Not checked yet. · Criminal cases
Page 1 | COMMUNICATIONS WITH CHAMBERS
Counsel must notify Courtroom Deputy immediately if disposition will occur at motions.
Any time a case is calendared for motions and counsel for either side knows that a disposition is to take place, counsel has a duty to call the Courtroom Deputy at the earliest available time to inform the Court of the disposition.
Machine summary. Not checked yet. · Criminal cases
Page 2 | MOTIONS
Only counsel or pro se litigants may call chambers; calls from support staff or represented parties are prohibited.
Telephone calls to Chambers are rarely appropriate. Such calls may only be made by counsel or pro se litigants with knowledge of the case. Calls from secretaries, legal assistants, paralegals, or parties represented by counsel are prohibited.
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Page 1 | I. COMMUNICATIONS WITH CHAMBERS
Letters/faxes/emails to chambers are prohibited unless requested; if requested, max 3 pages, 12pt font, served on all counsel.
Letters, faxes or emails to Chambers are prohibited unless specifically requested by the Court. If letters, faxes or emails are requested, copies of the same must be simultaneously delivered to all counsel and, absent prior approval by Chambers, must not exceed three pages in length, using twelve-point font.
Machine summary. Not checked yet. · Civil cases
Page 1 | I. COMMUNICATIONS WITH CHAMBERS
Parties should not contact chambers for motion hearing dates.
Parties should not contact chambers for a motion hearing date.
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Page 2 | II. MOTIONS
Questions about criminal matters should be directed to Courtroom Deputy.
Please direct questions regarding criminal matters to our Courtroom Deputy, Lori Hernandez, at (619) 557-6901.
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Page 1 | COMMUNICATIONS WITH CHAMBERS
For technical motions, email list of technical terms/names to chambers one week before hearing.
For technical motions (especially in patent cases), one week prior to the motion hearing, the parties will send an email to chambers (but do not file) with a list of pertinent technical terms and/or proper names, the purpose of which is to assist the court reporter in the transcription of the hearing.
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Page 2 | II. MOTIONS
Junior Lawyer Participation Incentives
Rule 11 pleas encouraged before magistrate judge; district judge pleas at pretrial motion date or scheduled.
Rule 11 guilty pleas may be taken by the magistrate judges on a report and recommendation. Because the magistrate judge may have a more flexible schedule, the Court encourages pleas before the magistrate judge assigned to the case. Rule 11 proceedings before the district judge may occur at the pretrial motion date or as scheduled by obtaining a date from the Courtroom Deputy.
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Page 2 | DISPOSITIONS AND SENTENCINGS