Judge Ruth Bermudez Montenegro
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 4 copies • Five Days Before Trial
- Not required
Communication
Court Reporter
Phone
Chambers
Letter via ECF
Chambers
Page & Word Limits1 rule
Machine summary. Not checked yet.Mandatory?
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.
Summary: 5 motions in limine max per side, 10 pages each, no replies unless directed.
Motion In Limine
10 pages
Applies to: Attorney
Document Format Requirements14 rules
Checked against the court's document on Oct 4, 2026Mandatory
Hard-copy exhibits may not be passed among jurors during trial.
Hard copy exhibits may not be passed among the jury during trial.
Checked against the court's document on Oct 4, 2026Mandatory
Digitized exhibits must display an exhibit tag and number at the bottom-right corner.
Digitized exhibits must be branded with an exhibit tag and number, which shall be placed at the bottom right- hand corner of each exhibit.
Checked against the court's document on Oct 4, 2026Important
An exhibit should be marked only once, and another party should not assign a second number to the same document.
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.
Checked against the court's document on Oct 4, 2026Important
Exhibits must be numbered rather than lettered.
All exhibits must be numbered, not lettered.
Checked and corrected to match the court's document on Oct 4, 2026Important
Different versions of a document must be treated as separate exhibits with different numbers.
Different versions of the same document, e.g. a copy with additional handwriting, must be treated as different exhibits with different numbers.
Checked against the court's document on Oct 4, 2026Important
Counsel should label and describe exhibits neutrally and without argument.
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).
Checked against the court's document on Oct 4, 2026Note
Counsel may agree to use separate exhibit-number ranges.
Counsel may agree to number ranges (e.g., Government has 1–100 and Defendant has 101–200) for their respective uses.
Checked against the court's document on Oct 4, 2026Note
To let the entire panel examine an exhibit before deliberations, counsel should provide blow-ups or use the Court’s visual equipment.
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.
Checked against the court's document on Oct 4, 2026Note
Counsel may annotate exhibits or demonstratives shown on the Court’s equipment, but the annotations cannot be printed.
Annotations may be made on exhibits or illustratives presented on the Court’s equipment, but those annotations are unable to be printed.
Checked against the court's document on Oct 4, 2026Note
Exhibit tags should ideally use a conspicuous color, such as bright yellow.
Each exhibit tag will ideally be in a color that stands out, such as bright yellow.
Not confirmed. Read the court's wording below.Mandatory?
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.
Summary: Modifications to any form instruction must be clearly identified in bold, redline, or another clear format.
Machine summary. Not checked yet.Mandatory?
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.)
Summary: Exhibits must be attached to documents and filed as separate CM/ECF attachments.
Machine summary. Not checked yet.Mandatory?
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.
Summary: Complete bracketed language in form instructions and use bold font.
Machine summary. Not checked yet.Important?
If a filing has more than three exhibits, the exhibits must be tabbed and listed in a table of exhibits.
Summary: Exhibits over 3 must be tabbed and listed in table.
Document Filing Requirements42 rules
Checked against the court's document on Oct 4, 2026Mandatory
Counsel must meet and confer, submit agreed instructions jointly, and submit separately instructions to which there is an objection.
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.
Document Type
Jury Instructions
Checked against the court's document on Oct 4, 2026Mandatory
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.
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.
Document Type
Jury Instructions
Checked against the court's document on Oct 4, 2026Mandatory
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.
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).
Document Type
Jury Instructions
Checked against the court's document on Oct 4, 2026Mandatory
Disputed instructions must use the specified designation with blanks and brackets completed, and all versions of the same instruction must share a number.
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.
Document Type
Jury Instructions
Checked against the court's document on Oct 4, 2026Mandatory
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.
Document Type
Jury Instructions
Checked against the court's document on Oct 4, 2026Mandatory
The parties must email the verdict form in Word format to the Court’s specified email address.
The parties shall also email the verdict form in Word format to the Court’s email address at efile_montenegro@casd.uscourts.gov.
Document Type
Verdict Forms
Checked against the court's document on Oct 4, 2026Mandatory
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.
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.
Document Type
Verdict Forms
Checked against the court's document on Oct 4, 2026Mandatory
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.
Document Type
Jury Instructions
Checked against the court's document on Oct 4, 2026Mandatory
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).
Document Type
Exhibit Index
Checked against the court's document on Oct 4, 2026Mandatory
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.
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.
Document Type
Exhibit
Checked against the court's document on Oct 4, 2026Important
Each stipulated instruction should include a citation to the Ninth Circuit Manual of Model Jury Instructions or other authority.
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.
Document Type
Jury Instructions
Checked against the court's document on Oct 4, 2026Important
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.
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.
Document Type
Jury Instructions
Checked against the court's document on Oct 4, 2026Note
If the parties cannot agree on a proposed special verdict form, they may submit separate proposals.
Document Type
Verdict Forms
Checked against the court's document on Oct 4, 2026Note
Parties intending to use a special verdict form should meet and confer to try to submit a joint proposal.
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.
Document Type
Verdict Forms
Machine summary. Not checked yet.Mandatory?
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.
Summary: Notice of motion must include hearing date and 'NO ORAL ARGUMENT' statement.
Document Type
Notice Of Motion
Machine summary. Not checked yet.Mandatory?
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].'
Summary: Notice of motion must include statement about pre-motion conference.
Document Type
Notice Of Motion
Machine summary. Not checked yet.Mandatory?
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 ___).
Summary: Exhibits must be excerpted, labeled, dated, tabbed, indexed, and cited with docket numbers.
Document Type
Exhibit
Machine summary. Not checked yet.Mandatory?
Proposed orders or other documents requiring the judge’s signature must not be filed on the docket.
Summary: Proposed orders and signature-required documents must not be filed on the docket.
Document Type
Proposed Order
Machine summary. Not checked yet.Mandatory?
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.
Summary: Proposed orders must be emailed in Word format to specific address with case details in subject line.
Document Type
Proposed Order
Machine summary. Not checked yet.Mandatory?
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.
Summary: Redline exhibit required with motion to amend or motion may be struck.
Document Type
Motion To Amend
Machine summary. Not checked yet.Mandatory?
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.
Summary: Proposed orders must not contain filer's name, law firm, or the word 'proposed' in caption.
Document Type
Proposed Order
Machine summary. Not checked yet.Mandatory?
The final pretrial conference order must strictly comply with Civil Local Rule 16.1(f).
Summary: Final pretrial conference order must comply with Local Rule 16.1(f).
Document Type
Final Pretrial Conference Order
Machine summary. Not checked yet.Mandatory?
Any ex parte application filed with the Court must be served on opposing counsel via electronic mail with return receipt requested, or overnight mail.
Summary: Ex parte applications must be served on opposing counsel via email with return receipt or overnight mail.
Document Type
Ex Parte Application
Machine summary. Not checked yet.Mandatory?
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.
Summary: Proposed final pretrial conference order due one week before final pretrial conference.
Document Type
Final Pretrial Conference Order
Machine summary. Not checked yet.Mandatory?
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.
Summary: Joint exhibit list required, numbered continuously (not lettered), due with final pretrial order.
Document Type
Joint Exhibit List
Machine summary. Not checked yet.Mandatory?
The parties shall also email the instructions in Word format to the Court’s email address at efile_montenegro@casd.uscourts.gov.
Summary: Email jury instructions in Word format to specified court email address.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
Parties must file joint proposed jury instructions at the same time as the proposed final pretrial conference order unless otherwise ordered by the Court.
Summary: Joint proposed jury instructions must be filed with final pretrial conference order.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
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”).
Summary: Form instructions must include citations to Ninth Circuit Manual and/or CACIs.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
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.
Summary: Undisputed instructions must be labeled as "Stipulated Instruction" with citations.
Document Type
Jury Instructions
Machine summary. Not checked yet.Mandatory?
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.
Summary: Settlement requires immediate notice and joint motion to dismiss within 28 days.
Document Type
Joint Motion To Dismiss
Machine summary. Not checked yet.Mandatory?
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.
Summary: Proposed orders must be emailed to judge's address with motion, 2 court days before hearing.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Both parties must file a Sentencing Summary Chart and Sentencing Memorandum in all cases.
Summary: Sentencing Summary Chart and Sentencing Memorandum required in all cases.
Document Type
Sentencing Memorandum
Machine summary. Not checked yet.Mandatory?
The parties are expected to strictly comply with the requirements and deadlines in Criminal Local Rule 32.1.
Summary: Strict compliance required with Criminal Local Rule 32.1.
Document Type
Sentencing
Machine summary. Not checked yet.Mandatory?
No party shall submit more than five (5) letters unless authorized by the court for good cause shown.
Summary: Maximum of 5 letters allowed unless court authorizes more.
Document Type
Sentencing Memorandum
Machine summary. Not checked yet.Mandatory?
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.
Summary: Defense counsel must provide client with Supervised Release conditions before sentencing.
Document Type
Sentencing
Machine summary. Not checked yet.Mandatory?
The parties must ensure that their respective Sentencing Guideline recommendations are supported by the record before the Court.
Summary: Sentencing Guideline recommendations must be supported by the record.
Document Type
Sentencing Memorandum
Machine summary. Not checked yet.Mandatory?
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.
Summary: Motions to modify/terminate supervised release must include positions of USAO and Probation Officer.
Document Type
Motion To Modify Terminate Supervised Release
Not confirmed. Read the court's wording below.Important?
If the instruction is undisputed, the instruction shall be identified as “Stipulated Instruction No. ____ Re ___________.”
Summary: Undisputed substantive instructions must be identified using the specified stipulated-instruction designation.
Document Type
Jury Instructions
Machine summary. Not checked yet.Important?
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.
Summary: Parties must revise and re-lodge materials if errors identified at final pretrial conference.
Document Type
Final Pretrial Conference Order
Machine summary. Not checked yet.Important?
Exhibits omitted from the final pretrial order are subject to exclusion at trial, true impeachment exhibits excepted.
Summary: Exhibits not in final pretrial order are excluded at trial, except impeachment exhibits.
Document Type
Final Pretrial Order
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: Brief summary of excess letters may be submitted with sentencing memorandum.
Document Type
Sentencing Memorandum
Machine summary. Not checked yet.Note?
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.
Summary: Judge Montenegro reviews sentencing documents and allows supplementation on record.
Document Type
Sentencing
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.
Checked against the court's document on Oct 4, 2026 · 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
Checked against the court's document on Oct 4, 2026 · 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.
Checked against the court's document on Oct 4, 2026 · 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.
Machine summary. Not checked yet. · 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.
Machine summary. Not checked yet. · Criminal cases
Page 3 | Motions
No courtesy copies are required for any filing.
E. Courtesy Copies. No courtesy copies are necessary for any filing.
Machine summary. Not checked yet. · 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).
Machine summary. Not checked yet. · Civil cases
Page 9 | Sealing Procedure
For full seal requests, file slip sheet indicating document is subject to 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.
Machine summary. Not checked yet. · 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.
Machine summary. Not checked yet. · 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.
Machine summary. Not checked yet. · Civil cases
Page 9 | Sealing Procedure
Full seal: lodge document without redactions. Partial seal: highlight confidential info in yellow.
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.
Machine summary. Not checked yet. · 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.
Machine summary. Not checked yet. · 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.
Machine summary. Not checked yet. · Civil cases
Page 9 | Sealing Procedure
For partial seal requests, file document with confidential/privileged info 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.
Machine summary. Not checked yet. · 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.
Machine summary. Not checked yet. · 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.
Machine summary. Not checked yet. · 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.
Machine summary. Not checked yet. · 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.
Machine summary. Not checked yet. · 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.
Machine summary. Not checked yet. · Civil cases
Page 8 | Seeking Leave to File Documents Under Seal
Filing Bundling Requirements
Avoid duplicate exhibits; file only once if referenced by multiple motions on same day.
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.
Machine summary. Not checked yet. · Civil cases
Page 5 | F. Exhibits
Pre-Motion Conference Requirements
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.
Checked against the court's document on Oct 4, 2026 · Criminal cases
Page 1 | B. Motions in Limine
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.
Machine summary. Not checked yet. · Civil cases
Page 3 | III. Motion Practice
Hearing dates must be Mondays between 30-60 days after filing.
Parties filing a noticed motion may choose any Monday between thirty (30) and sixty (60) days from the motion’s filing date.
Machine summary. Not checked yet. · 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.
Machine summary. Not checked yet. · 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.
Machine summary. Not checked yet. · 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.
Machine summary. Not checked yet. · 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.
Machine summary. Not checked yet. · 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.
Machine summary. Not checked yet. · Civil cases
Page 7 | Motions to Amend the Pleadings
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.
Machine summary. Not checked yet. · Civil cases
Page 11 | Ex Parte Applications
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.
Machine summary. Not checked yet. · Civil cases
Page 11 | Temporary Restraining Orders
Ex parte applications unopposed within 3 Court days may be granted unopposed.
Ex parte applications that are not opposed within three (3) Court days may be considered unopposed and granted on that ground.
Machine summary. Not checked yet. · Civil cases
Page 11 | Ex Parte Applications
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.
Machine summary. Not checked yet. · 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.
Machine summary. Not checked yet. · 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.
Machine summary. Not checked yet. · Civil cases
Page 13 | 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.
Machine summary. Not checked yet. · 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.
Machine summary. Not checked yet. · Civil cases
Page 3 | III. Motion Practice
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.
Machine summary. Not checked yet. · Criminal cases
Page 1 | Communications with Chambers
Continuance requests must be made promptly to Courtroom Deputy by phone or email.
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Voicemail must include name, contact info, 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.
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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.
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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.
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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.
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Page 1 | Communications with Chambers