Judge David Briones
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- Not required
Adjournments
- Extensions of time that do not affect other pretrial dates may be granted by stipulation filed with the court without a motion and order.
- Parties must notify the court as soon as they become aware of the need to continue a civil trial date; no set procedure governs continuance requests.
- In criminal cases, parties may stipulate to extensions of time that do not affect other pretrial dates, filing the stipulation with the court instead of a motion and order.
- +3 more
Request must include
- Notify court immediately if trial continuation needed.
Request must include
Communication
Phone
Chambers
Phone
Clerk
Fax
Chambers
Chambers
Letter via ECF
Magistrate Judge
Page & Word Limits2 rules
Machine summary. Not checked yet.Important?
The Court discourages parties from exceeding the page limit established in the Rules. However, Parties should file a Motion for leave to exceed the page limit if justified.
Summary: Motion for leave required to exceed page limits.
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Judge Briones will conduct the majority of voir dire. Counsel will be allowed five minutes each to question the panel, unless the Court provides otherwise. Counsel should not attempt to turn voir dire into an opening statement.
Summary: Counsel allowed 5 minutes each for voir dire questioning.
Structured details unavailable. See the source text.
Document Format Requirements2 rules
Machine summary. Not checked yet.Mandatory?
Yes, WordPerfect 9.0.
Summary: Electronic versions of proposed jury instructions, verdict forms, and proposed findings of fact and conclusions of law must be in WordPerfect 9.0 format.
Word Perfect
Machine summary. Not checked yet.Mandatory?
Yes, WordPerfect 9.0.
Summary: Electronic versions of proposed jury instructions/VERDICT forms must be in WordPerfect 9.0 format.
Word Perfect
Document Filing Requirements13 rules
Machine summary. Not checked yet.Mandatory?
Once the Court has received an acceptable Proposed Scheduling Order from the Parties, the Court will enter a Scheduling Order that sets the trial date.
Summary: The Court will enter a Scheduling Order setting the trial date upon receipt of an acceptable Proposed Scheduling Order from the parties.
Document Type
Proposed Scheduling Order
Machine summary. Not checked yet.Mandatory?
14. Must counsel in criminal cases confer on all motions before filing them? If so, must counsel reflect the result of their conference in the body or title of the motion? Yes, unless Ex Parte communication with the Court is justified. Yes.
Summary: Motions in criminal cases must reflect the result of counsel's pre-filing conference in the body or title.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Yes, WordPerfect 9.0.
Summary: Parties must submit proposed verdict forms.
Document Type
Verdict Forms
Machine summary. Not checked yet.Mandatory?
File a Motion requesting a modification to the previously entered Standing Discovery Order.
Summary: File motion to modify scheduling orders based on Standing Discovery Order.
Document Type
Motion To Modify
Machine summary. Not checked yet.Important?
Abusing the discovery process and Attorneys not appearing for scheduled hearings are the most common reasons, but the Court may deem other infractions to warrant sanctions.
Summary: Sanctions are appropriate for discovery abuse and attorney no-shows.
Document Type
Sanctions
Machine summary. Not checked yet.Important?
The Court will not tolerate tardiness and unpreparedness. Additionally, the Court frowns upon one Attorney representing multiple defendants in one criminal case.
Summary: Court prohibits tardiness, unpreparedness, and one attorney representing multiple defendants in criminal cases.
Document Type
General
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Leave of Court is required for a Sur-Reply.
Summary: Leave of court required for sur-replies.
Document Type
Sur Reply
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Once the Court has received an acceptable Proposed Scheduling Order from the Parties, the Court will enter a Scheduling Order that sets the trial date.
Summary: Court issues scheduling order after receiving acceptable proposed order.
Document Type
Scheduling Order
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Refer to the Rules.
Summary: Initial disclosures governed by local rules.
Document Type
Initial Disclosure
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The Parties will collect their respective exhibits at the conclusion of jury trials.
Summary: Parties must collect their exhibits at the end of jury trials.
Document Type
Exhibit
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If warranted, the Court assigns GALs.
Summary: Guardians ad litem are assigned by the Court when warranted.
Document Type
Guardian Ad Litem
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Plea
Summary: Court routinely refers pleas to magistrate judge in criminal cases.
Document Type
Plea
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Refer to the Court’s Standing Discovery Order.
Summary: Refer to Court’s Standing Discovery Order for scheduling orders in criminal cases.
Document Type
Scheduling Order
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies of filings are not required.
Not necessary.
Machine summary. Not checked yet. · Civil cases
Page 4 | Motions Practice
Pre-Motion Conference Requirements
Leave of court is required to file a sur-reply.
Leave of Court is required for a Sur-Reply.
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Page 5 | Motions Practice
Parties must make a good faith attempt to resolve discovery disputes before seeking court intervention.
The Court requires the Parties to make a good faith attempt to resolve all discovery disputes before petitioning the Court to intervene.
Machine summary. Not checked yet. · Civil cases
Page 11 | Pretrial Motion Practice.
Motions to suppress must be coordinated with the Courtroom Deputy.
Coordinate the Motion with the Courtroom Deputy.
Machine summary. Not checked yet. · Civil cases
Page 11 | Pretrial Motion Practice.
Follow FRCP and local rules for TRO/expedited relief; notify law clerk.
Adhere to the Federal Rules of Civil Procedure, as well as the local rules (“Rules”). Notify the law clerk handling the case.
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Page 1 | Contacting the Court
File motion to modify scheduling order.
File a Motion requesting a modification to the previously entered Scheduling Order.
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Page 2 | General Pretrial Procedures
Sur-replies require leave of court.
Leave of Court is required for a Sur-Reply.
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Page 13 | Sur-Reply
Coordinate expedited criminal hearing motions with Courtroom Deputy Virginia Cabrera.
Coordinate your formal Motion with the Courtroom Deputy, Virginia Cabrera at (915) 534-6895.
Machine summary. Not checked yet. · Civil cases
Counsel must confer on all motions before filing; reflect conference in motion body/title unless ex parte communication is justified.
Yes, unless Ex Parte communication with the Court is justified. Yes.
Machine summary. Not checked yet. · Civil cases
For expedited relief motions, follow federal and local rules and notify law clerk.
Adhere to the Federal Rules of Criminal Procedure, as well as the local rules ("Rules"). Notify the law clerk handling the case.
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Hearings not routinely granted; must file formal motion if needed.
As a general practice, the Court does not grant requests for hearings. However, if Counsel believes that a hearing is necessary, it may move the Court through a formal Motion.
Machine summary. Not checked yet. · Civil cases
Page 1 | Contacting the Court
Good faith attempt required to resolve discovery disputes before filing motion.
The Court requires the Parties to make a good faith attempt to resolve all discovery disputes before petitioning the Court to intervene.
Machine summary. Not checked yet. · Civil cases
Page 11 | Pretrial Motion Practice
Social Security appeals routinely referred to magistrate judge.
Appeals from the Social Security Administration.
Machine summary. Not checked yet. · Civil cases
Page 2 | Procedures Specific to Civil Cases
Court allows letter briefs at its discretion.
Yes, but discretion is the key.
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Page 13 | Letter Briefs
Adjournment & Extension Requirements
Extensions of time that do not affect other pretrial dates may be granted by stipulation filed with the court without a motion and order.
34. Does the court allow the parties in civil cases to agree to extensions of time by stipulation filed with the court, rather than by motion and order, where the extension will not affect other pretrial dates? E.g., an extension to answer the complaint or to respond to written discovery. Yes.
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Page 5 | Motions Practice
Parties must notify the court as soon as they become aware of the need to continue a civil trial date; no set procedure governs continuance requests.
40. What is the court’s general procedure for continuing civil trials? How early does the court want the request made and how early will the court rule on such a request? No set procedure. Parties should notify the Court as soon as they are aware of a need to continue the trial date.
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Page 6 | Hearing and Trial Procedures
In criminal cases, parties may stipulate to extensions of time that do not affect other pretrial dates, filing the stipulation with the court instead of a motion and order.
Yes.
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Page 14 | Motions Practice
No set procedure for continuing criminal trials; parties must notify the court as soon as they become aware of the need to continue.
No set procedure. Parties should notify the Court as soon as they are aware of a need to continue the trial date.
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Page 15 | Hearing and Trial Procedures
No trial continuance if dispositive motion pending.
No.
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Notify court immediately if trial continuation needed.
No set procedure. Parties should notify the Court as soon as they are aware of a need to continue the trial date.
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Stipulated extensions allowed for non-dispositive matters.
Yes.
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Chambers Communication Rules
Emergency court contact is via telephone at (915) 534-6744.
4. How does the court prefer attorneys to contact the court in an emergency? Telephone: (915) 534-6744.
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Page 9 | Contacting the Court
Expedited hearing requests in criminal cases must be coordinated with Courtroom Deputy Virginia Cabrera at (915) 534-6895.
7. What procedures should be followed to request an expedited hearing in a criminal case? Coordinate your formal Motion with the Courtroom Deputy, Virginia Cabrera at (915) 534-6895.
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Page 9 | Contacting the Court
Court will not tolerate tardiness or unpreparedness.
The Court will not tolerate tardiness and unpreparedness.
Machine summary. Not checked yet. · Civil cases
Page 8 | Pet Peeves
Status inquiries discouraged; contact law clerk for important case info.
Contacting the Court for the mere purpose of attaining the status of a Motion is discouraged. However, if Counsel needs to relay important information regarding a case, they should contact the respective law clerk.
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Page 1 | Contacting the Court
Court may be contacted during depositions only for emergencies.
Only if circumstances arise that necessitate the Court’s immediate attention.
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Page 1 | Contacting the Court
Do not contact court for motion status; contact Courtroom Deputy for important case information.
Contacting the Court for the mere purpose of attaining the status of a Motion is discouraged. However, if Counsel needs to relay important information regarding a case, they should contact the Courtroom Deputy.
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For emergencies, contact the court via telephone at (915) 534-6744.
Telephone: (915) 534-6744.
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Page 1 | Contacting the Court
The court may be contacted via fax at (915) 534-6881.
Fax: (915) 534-6881.
Machine summary. Not checked yet. · Civil cases
Page 1 | Contacting the Court
The court may be contacted via fax at (915) 534-6881.
3. May the court be contacted by e-mail or fax? If so, what is the address or number? Fax: (915) 534-6881.
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Page 9 | Contacting the Court
To arrange telephone conferences for motions or other matters, contact the case's law clerk; allowance is discretionary.
It depends. Contact the law clerk responsible for the case when the issue arises.
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Page 13 | Motions Practice
Contact law clerk for scheduling matters.
The law clerk handling the case.
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Page 1 | Contacting the Court
Notify law clerk when contested motion is resolved.
Contact the respective law clerk.
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Page 1 | Contacting the Court
Court fax number provided for contact.
Fax: (915) 534-6881.
Machine summary. Not checked yet. · Civil cases
Page 1 | Contacting the Court
Law clerks may be contacted for trial prep and urgent matters.
Yes. The law clerks may be contacted for the purposes of preparing for trial and/or coordinating urgent matters that require the Court’s immediate attention.
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Page 1 | Contacting the Court
Court emergency phone number provided.
Telephone: (915) 534-6744.
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Page 1 | Contacting the Court
Court appointments for indigents are handled by U.S. Magistrates.
Cases are referred to U.S. Magistrates to determine eligibility and assignment of Court appointed Counsel.
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Page 8 | Court Appointments
Coordinate motions to suppress with the Courtroom Deputy.
Coordinate the Motion with the Courtroom Deputy.
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Page 11 | Pretrial Motion Practice
Contact Courtroom Deputy when criminal contested motion is resolved.
Contact the Courtroom Deputy.
Machine summary. Not checked yet. · Civil cases