Court Rules
Judge

Judge Jose E. Martinez

Individual Rules, Standing Orders & Policies

Southern District of Florida
Filters:AllMandatory

Document Filing Requirements2 rules

Filing RequirementsCriminal cases

Machine summary. Not checked yet.Mandatory?

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.

Summary: Motions for additional sentencing hearing time must specify the amount of additional time needed and the reason for the request.

Document Type

Motion

Specific requirements detailed in rule text.
Sentencing Procedures · p. 1
|SecJUDGE JOSE E. MARTINEZ’S SENTENCING PROCEDURES 1
Filing RequirementsCriminal cases

Machine summary. Not checked yet.Mandatory?

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.

Summary: The Notice of resolved and remaining PSR objections must state which previous objections have been resolved and which remain pending.

Document Type

Notice

Specific requirements detailed in rule text.
Sentencing Procedures · p. 1
|SecJUDGE JOSE E. MARTINEZ’S SENTENCING PROCEDURES 3, Objections to Final PSR

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.

Machine summary. Not checked yet. · 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.

Machine summary. Not checked yet. · 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.

Machine summary. Not checked yet. · 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.

Machine summary. Not checked yet. · 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.

Machine summary. Not checked yet. · 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.

Machine summary. Not checked yet. · 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.

Machine summary. Not checked yet. · Criminal cases

Page 1 | JUDGE JOSE E. MARTINEZ’S SENTENCING PROCEDURES 3, Objections to Draft PSR and/or Sentencing Memoranda

About United States District Judge Jose E. Martinez

**Judge Jose E. Martinez** was appointed to the Southern District of Florida by President George W. Bush in 2002, confirmed by the Senate on September 13, 2002. Born in 1941 in Santo Domingo, Dominican Republic, he served in the U.S. Naval Reserve from 1964 to 1993 and was president of the Iron Arrow Honor Society at the University of Miami. He began his civilian legal career as an Assistant U.S. Attorney and later served as Regional Director for the Office for Drug Abuse Law Enforcement within the U.S. Department of Justice. **Education** - University of Miami School of Law, J.D., 1965 - University of Miami, B.A., 1962 **Career** - Private practice, Miami, Florida, 1970–2002 (with two-year leave for federal service) - Regional Director, Office for Drug Abuse Law Enforcement, U.S. Department of Justice - Assistant U.S. Attorney, Southern District of Florida, 1965–1970 - U.S. Naval Reserve JAG Officer, 1965–1968

**Division:** Miami **Courthouse:** Wilkie D. Ferguson, Jr. United States Courthouse, 400 North Miami Avenue, Miami, Florida 33128 **Chambers:** Room 10-1 **Phone:** (305) 523-5590

Common questions about Judge Jose E. Martinez's rules

What must be included with motion filings before Judge Jose E. Martinez?

The rule identifies required filing content or certificates. Motions for additional sentencing hearing time must specify the amount of additional time needed and the reason for the request.

View ruleSource: page 1, section JUDGE JOSE E. MARTINEZ’S SENTENCING PROCEDURES 1

What must be included with notice filings before Judge Jose E. Martinez?

The rule identifies required filing content or certificates. The Notice of resolved and remaining PSR objections must state which previous objections have been resolved and which remain pending.

View ruleSource: page 1, section JUDGE JOSE E. MARTINEZ’S SENTENCING PROCEDURES 3, Objections to Final PSR

What filing deadlines apply to motion filings before Judge Jose E. Martinez?

Counsel must file a motion for additional sentencing hearing time no later than 14 days prior to the hearing.

View ruleSource: page 1, section JUDGE JOSE E. MARTINEZ’S SENTENCING PROCEDURES 1
Complete rules summary for Judge Jose E. Martinez

Counsel must file a motion for additional sentencing hearing time no later than 14 days prior to the hearing.

Motions for additional sentencing hearing time must specify the amount of additional time needed and the reason for the request.

Letters or exhibits to be presented at sentencing must be submitted no later than 7 days prior to the sentencing hearing.

The Probation Office must disclose the Draft Presentence Investigation Report (PSR) no later than 35 days prior to the sentencing hearing.

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.

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.

The Probation Office must disclose the Final PSR and Addendum no later than 7 days prior to the sentencing hearing.

Counsel must file the Notice of resolved and remaining PSR objections no later than 3 days prior to the sentencing hearing.

The Notice of resolved and remaining PSR objections must state which previous objections have been resolved and which remain pending.

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