Court Rules
Judge Jeffrey T. Miller
Senior Judge

Judge Jeffrey T. Miller

Individual Rules, Standing Orders & Policies

Rules last changed:
Southern District of California

Limits & Logistics

Courtesy Copies

All filings

  • Upon request

Filings > 20 pages

  • Hand Delivery • Upon Filing

Adjournments

3Calendar Daysnotice
  • Moving papers must be filed and served within 3 days of obtaining hearing date.
14Calendar Daysnotice
  • Statement of non-opposition must be filed 14 days before hearing.
  • Unagreed continuance requests require ex parte application with specific information
  • Continuance requests require meet-and-confer, joint motion with declaration, and proposed order emailed to efile_miller@casd.uscourts.gov

Request must include

Original DateNumber Of Previous RequestsPrevious Requests Granted Or DeniedDiligence Of Requesting PartyPotential PrejudiceReason For Request

Communication

Letter via fax

Chambers

No status inquiries
Phone

Chambers

SchedulingEmergenciesTechnical Issues
No status inquiries
Letter via ECF

Chambers

No status inquiries
Filters:AllMandatoryImportantFormattingProposed OrdersMemorandaJuryExhibitsTRO/InjunctionCourtroom Conduct

Document Format Requirements1 rule

Formatting

Machine summary. Not checked yet.Mandatory?

Proposed Orders must be submitted in Word Perfect or Word format.

Summary: Proposed orders must be in Word Perfect or Word format.

Required Format

DOCX

Criminal Chamber Rules · p. 1
|SecII. Document Submissions

Document Filing Requirements10 rules

Filing Requirements

Machine summary. Not checked yet.Mandatory?

Sentencing Memoranda and Sentencing Summary Charts should be filed 5 court days (usually 7 calendar days) prior to the scheduled hearing.

Summary: Sentencing memoranda and summary charts due 5 court days before hearing.

Document Type

Sentencing Memorandum

Specific requirements detailed in rule text.
Criminal Chamber Rules · p. 1
|SecII. Document Submissions
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Proposed jury instructions should be submitted by both sides no later than 5 calendar days prior to the commencement of trial.

Summary: Proposed jury instructions due 5 calendar days before trial.

Document Type

Proposed Jury Instructions

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Proposed voir dire, whether to be asked by counsel or proposed for the Court to ask, must be submitted in written form no later than 7 days prior to commencement of trial.

Summary: Proposed voir dire must be submitted 7 days before trial.

Document Type

Proposed Voir Dire

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Trial briefs should be filed no later than 5 calendar days before trial is to commence in cases where there is any significant disputed issue of law, or if a party is requesting that specific questions be asked or specific topics be covered during the Court’s voir dire.

Summary: Trial briefs due 5 calendar days before trial if significant disputed issues exist.

Document Type

Trial Brief

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Government counsel shall provide a list of exhibits to the courtroom deputy on the first day of trial.

Summary: Government counsel must provide exhibit list on first day of trial.

Document Type

Exhibit List

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Mandatory?

Motions should be filed 14 days prior to the hearing and responses and oppositions should be filed 7 days prior to the hearing.

Summary: Motions must be filed 14 days before hearing; responses 7 days before.

Document Type

Motion

Specific requirements detailed in rule text.
Criminal Chamber Rules · p. 2
|SecII. Document Submissions
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Proposed orders must be submitted simultaneously with the filing of all joint motions or ex parte requests. The proposed order should be emailed to efile_miller@casd.uscourts.gov in Word format. All extraneous information (i.e., attorney and firm name, headers, footers, and watermarks) should be removed from the proposed order. If possible, the docket number of the corresponding motion should be included in the caption. The proposed order should be named as follows: case number_title_date (e.g., 00cv1234_order granting continuance_5 6 09)

Summary: Proposed orders required with all motions, emailed to efile_miller@casd.uscourts.gov in Word format with specific naming convention

Document Type

Motion

Content & Formatting
Proposed Order
Filing RequirementsCivil cases

Machine summary. Not checked yet.Mandatory?

Proposed Orders must be submitted in Word format.

Summary: Proposed orders must be submitted in Word format.

Document Type

Proposed Order

Specific requirements detailed in rule text.
Filing Requirements

Machine summary. Not checked yet.Important?

Motions for Orders Shortening Time are unnecessary!

Summary: Motions for Orders Shortening Time are unnecessary.

Document Type

Motion For Order Shortening Time

Specific requirements detailed in rule text.
Criminal Chamber Rules · p. 1
|SecII. Document Submissions
Filing RequirementsCivil cases

Machine summary. Not checked yet.Note?

Parties shall submit the Proposed Pretrial Order as required by the Civil Local Rules by the date indicated in the Scheduling Order issued by the magistrate judge assigned to the matter. The parties are NOT required to submit a Memorandum of Contentions of Fact and Law as set forth in Civ. L.R. 16.1(f)(2).

Summary: Proposed Pretrial Order required by Civil Local Rules by Scheduling Order date; Memorandum of Contentions not required

Document Type

Pretrial Order

Specific requirements detailed in rule text.
Civil Chamber Rules · Jun 2023 · p. 4
|SecVII. Pre-trial Conferences

Filing & Service rules

Courtesy Copy Requirements

Courtesy copies required for e-filed documents over 20 pages.

Courtesy copies of e-filed documents longer than 20 pages, including exhibits, MUST be submitted to chambers. Failure to submit courtesy copies may result in a continuance of the hearing.

Machine summary. Not checked yet. · Civil cases

Courtesy copies not required unless specifically requested.

Courtesy copies of e-filed documents related to criminal matters need not be submitted unless specifically requested by Judge Miller’s Law Clerk.

Machine summary. Not checked yet.

Page 1 | II. Document Submissions

Pre-Motion Conference Requirements

Motions in Limine must be filed after in-person meet-and-confer with declaration of efforts

Motions in Limine may be heard the Friday before trial is scheduled to begin or the morning of the first day of trial prior to jury impanelment. The judge will assign a Motions in Limine date at the time of the Pretrial Conference. Before filing any motions in limine, parties are required to meet and confer in person 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 unsuccessful efforts.

Machine summary. Not checked yet. · Civil cases

Page 4 | VIII. Motions in Limine

Adjournment & Extension Requirements

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.

Machine summary. Not checked yet. · Civil cases

Page 3 | V. Continuances

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.

Machine summary. Not checked yet. · Civil cases

Page 3 | V. Continuances

Statement of non-opposition must be filed 14 days before hearing.

A party that determines that it will not oppose a given motion shall file a statement of non-opposition no later than 14 days before the hearing date.

Machine summary. Not checked yet. · Civil cases

Moving papers must be filed and served within 3 days of obtaining hearing date.

Moving papers MUST be filed and served within 3 days of obtaining a motion hearing date from chambers.

Machine summary. Not checked yet. · Civil cases

Chambers Communication Rules

Expedited relief motions require immediate chambers notification with opposing counsel info

Requests for Substantive Relief with Notice. Where a party requests a temporary restraining order or the application of a state law remedy encompassed within the scope of Fed.R.Civ.P. 64 or 69, notice must be provided to all interested parties. Upon filing the motion, the proponent shall immediately inform chambers that a motion for expedited relief has been filed with the court. The proponent shall provide chambers with the identity of opposing counsel and contact information. Pursuant to chambers policy, staff will contact the opposing party and request a response and given the nature of the request, may also request a reply brief and/or set the matter for oral argument.

Machine summary. Not checked yet. · Civil cases

Page 3 | Requests for Substantive Relief with Notice

True ex parte relief requires immediate chambers contact after filing and is subject to FRCP 65 and Civ.L.R. 83.3(h)

Requests for Substantive Relief without Notice. True ex parte relief (that is, a request for relief without notice to the opposing party) is rarely appropriate unless authorized by statute. True ex parte relief is subject to the requirements of Fed.R.Civ.P. 65 and Civ.L.R. 83.3(h). Upon filing a motion for true ex parte relief, the proponent must immediately contact chambers and request a hearing. Chambers staff will inform the proponent of any additional procedures applicable to the party's request.

Machine summary. Not checked yet. · Civil cases

Page 3 | Requests for Substantive Relief without Notice

Faxes to chambers are prohibited unless specifically requested.

Faxes to chambers are prohibited unless specifically requested by the Court.

Machine summary. Not checked yet.

Page 2 | II. Document Submissions

Phone calls to chambers limited to docketing, scheduling, calendaring.

Telephone calls to chambers are permitted ONLY for matters such as docketing, scheduling, or calendaring.

Machine summary. Not checked yet. · Civil cases

Faxes to chambers prohibited unless specifically requested.

Faxes to chambers are prohibited unless specifically requested by the Court.

Machine summary. Not checked yet. · Civil cases

Correspondence between counsel should not be sent to the Court.

Copies of correspondence between counsel shall not be sent to the Court.

Machine summary. Not checked yet. · Civil cases

About Senior United States District Judge Jeffrey T. Miller

**Senior District Judge Jeffrey T. Miller** was appointed to the Southern District of California by President William J. Clinton in 1997. Judge Miller was born in 1943 in New York, New York. He was nominated on January 7, 1997, confirmed by the Senate on May 23, 1997, and received his commission on May 27, 1997, filling the seat vacated by Gordon Thompson, Jr. He assumed senior status on June 6, 2010. **Education** - UCLA School of Law, J.D., 1967 - University of California, Los Angeles, B.A., 1964 **Career** - Deputy Attorney General, State of California (1968–1987) - Judge, Superior Court of California, San Diego County (1987–1997)

**Courthouse:** James M. Carter and Judith N. Keep U.S. Courthouse, 333 W. Broadway, San Diego, CA 92101 **Phone:** (619) 557-5600 (Court main line) **Note:** Senior Judge — no courtroom deputy or court reporter listed in public directory.

Common questions about Judge Jeffrey T. Miller's rules

Are courtesy copies required for Judge Jeffrey T. Miller?

Courtesy-copy rule applies when a filing is > 20 pages. Details: delivery upon filing, by hand delivery. Courtesy copies required for e-filed documents over 20 pages.

Does Judge Jeffrey T. Miller require a pre-motion conference or letter before filing a motion?

The rule does not state that a pre-motion letter is required, but it sets the applicable pre-motion procedure. Motions in Limine must be filed after in-person meet-and-confer with declaration of efforts

View ruleSource: page 4, section VIII. Motions in Limine

What formatting rules apply to filings before Judge Jeffrey T. Miller?

Judge Jeffrey T. Miller's formatting rule includes file format docx. Proposed orders must be in Word Perfect or Word format.

View ruleSource: page 1, section II. Document Submissions

What must be included with motion filings before Judge Jeffrey T. Miller?

The rule requires filing deadline. Motions must be filed 14 days before hearing; responses 7 days before.

View ruleSource: page 2, section II. Document Submissions

What must be included with sentencing memorandum filings before Judge Jeffrey T. Miller?

The rule requires filing deadline. Sentencing memoranda and summary charts due 5 court days before hearing.

View ruleSource: page 1, section II. Document Submissions

How may parties contact Judge Jeffrey T. Miller's chambers?

The rule addresses phone communications with Judge Jeffrey T. Miller's chambers. True ex parte relief requires immediate chambers contact after filing and is subject to FRCP 65 and Civ.L.R. 83.3(h)

View ruleSource: page 3, section Requests for Substantive Relief without Notice

How do I request an adjournment or extension before Judge Jeffrey T. Miller?

Requests should be made at least 3 calendar days in advance when this rule applies before Judge Jeffrey T. Miller. Moving papers must be filed and served within 3 days of obtaining hearing date.

Complete rules summary for Judge Jeffrey T. Miller

Proposed orders must be in Word Perfect or Word format.

Motions must be filed 14 days before hearing; responses 7 days before.

Sentencing memoranda and summary charts due 5 court days before hearing.

Motions for Orders Shortening Time are unnecessary.

Courtesy copies not required unless specifically requested.

Faxes to chambers are prohibited unless specifically requested.

Trial briefs due 5 calendar days before trial if significant disputed issues exist.

Proposed voir dire must be submitted 7 days before trial.

Proposed jury instructions due 5 calendar days before trial.

Government counsel must provide exhibit list on first day of trial.

Proposed orders must be submitted in Word format.

Moving papers must be filed and served within 3 days of obtaining hearing date.

Courtesy copies required for e-filed documents over 20 pages.

Phone calls to chambers limited to docketing, scheduling, calendaring.

Faxes to chambers prohibited unless specifically requested.

Correspondence between counsel should not be sent to the Court.

Statement of non-opposition must be filed 14 days before hearing.

True ex parte relief requires immediate chambers contact after filing and is subject to FRCP 65 and Civ.L.R. 83.3(h)

Expedited relief motions require immediate chambers notification with opposing counsel info

Unagreed continuance requests require ex parte application with specific information

Proposed orders required with all motions, emailed to efile_miller@casd.uscourts.gov in Word format with specific naming convention

Proposed Pretrial Order required by Civil Local Rules by Scheduling Order date; Memorandum of Contentions not required

Motions in Limine must be filed after in-person meet-and-confer with declaration of efforts

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

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