Judge Cheeks Civil Chambers Rules; Judge Cheeks Criminal Chambers Rules

=== Judge Cheeks Civil Chambers Rules ===

HONORABLE BENJAMIN J. CHEEKS U.S. DISTRICT JUDGE CIVIL CASE PROCEDURES (Last Updated February 2025) Courtroom Deputy Tisha Weisbeck: (619) 557-6038 Chambers: (619) 446-3972 Courtroom 3A Schwartz Courthouse Please Note: The Court provides this information for general guidance to counsel. However, the Court may vary these procedures as appropriate in any case. All matters before Judge Cheeks shall be conducted in accordance with the following practices. Except as otherwise provided herein, or as specifically ordered by the Court, all practitioners are expected to comply strictly with the Local Rules of the Southern District of California and the Federal Rules of Civil Procedures. I. COMMUNICATIONS WITH CHAMBERS A. Letters or Emails: Letters or emails to chambers are prohibited unless specifically requested by the Court. If letters or emails are requested, copies of the same must be simultaneously delivered to all counsel. Copies of correspondence between counsel may not be sent to the Court unless specifically requested by the Court. B. Telephone Calls: Parties seeking a motion date for a noticed motion should refer to Section III below. In light of the Court’s procedure for setting motion dates, telephone calls to Chambers are rarely necessary. Such calls may only be made by counsel of record with knowledge of the case. Calls from secretaries, legal assistants, paralegals, or parties represented by counsel are prohibited. Counsel should not call Chambers with procedural questions or to inquire whether any action has been taken with regard to a previously-submitted filing. The Court does not provide time estimates for its written rulings. Court personnel are prohibited from giving legal advice or discussing the merits of a case. When calling chambers, be prepared to identify your matter by case name and case number so your call can be directed to the appropriate law clerk. If your call is not answered, you may leave a voicemail, including your name, contact information, case number, and a detailed message. Chambers staff may be reached at (619) 446-3972. II. DISCOVERY Counsel must contact the magistrate judge’s chambers directly for all matters pertaining to discovery. Any objection to a discovery ruling of the magistrate judge must be filed as a motion pursuant to Civil Local Rule 7.1. III. MOTION PRACTICE GENERALLY A. Hearing Dates: Parties filing a noticed motion must set the hearing date to be thirty-five (35) days from the motion’s filing date.1 Parties should not contact chambers for a motion hearing date. Opposition and reply briefs are due based on the noticed date.2 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 should not specify a hearing time on its motion and must include the following language in the caption of the motion: NO ORAL ARGUMENT UNLESS ORDERED BY THE COURT. If the Court decides to hear oral argument, the Court will issue an order setting the date and time for oral argument. B. Oral Argument: The Court generally decides motions based on the papers submitted by the parties. However, for lawyers with less than 5 years admission to the bar, the Court will hold argument on civil motions where: (1) the motion will be argued by attorneys with less than 5 years of admission to the bar for at least two opposing sides; or (2) where the motion will be argued by an attorney with less than 5 years of admission to the bar on one side and the opposing attorney, notwithstanding their time admitted to the bar, also requests oral argument. Counsel must meet and confer on this issue and advise the Court of their request for oral argument no less than seven (7) days before the hearing by written pleading. C. Continuances: Parties requesting a continuance of any conference, scheduled motion, hearing date, deadline, briefing schedule, or any other procedural change must meet and confer prior to contacting the Court. If the parties reach an agreement, they must file a joint motion 1 For example, if the motion is filed on June 2, 2022, the motion date should be July 7, 2022. 2 This rule supersedes the requirement of Civil Local Rule 7.1(b) that a motion date must be obtained from chambers. 2 a proposed on the docket with a detailed declaration explaining the reasons for the requested continuance or extension of time. The parties must also e- mail to [email protected]. The proposed order must set forth the current date scheduled, and the new date proposed. Additionally, do not include any watermarks or firm insignia on proposed orders. Please refer to the Case Filing Administrative Policies and Procedures Manual located on the Court’s website with regard to CM/ECF filings. in Word format order If the parties are unable to reach an agreement, the requesting party must file an ex parte motion 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 motion must state: (1) the original date; (2) the number of previous continuances and requests that have been made; (3) whether previous requests were granted or denied; and (4) opposing counsel’s position regarding the ex parte motion Proposed Orders: Proposed orders must be submitted simultaneously with the filing of all joint motions or ex parte motions. As stated above, do not include any watermarks or firm insignia on proposed orders. to order [email protected] in Word format. Counsel are not required to submit proposed orders on motions requiring legal analysis (i.e., motions for summary judgment, 12(b) motions, etc.). proposed emailed The should be Sur-Replies: Sur-replies are not allowed unless leave of Court has been granted. Failure to Oppose: An opposing party’s failure to file an opposition to any motion may be construed as consent to the granting of the motion pursuant to Civil Local Rule 7.1(f)(3)(c). D. E. F. G. Exhibits: The parties must avoid duplication of exhibits as much as possible. All exhibits submitted in support of motions should be excerpted to include only relevant material. All exhibits must be clearly labeled, dated, and indexed. 3 H. Motions for Reconsideration: The following procedures apply to all reconsideration motions: 1. Counsel must seek reconsideration within the timing limitation of Civil Local Rule 7.1(i)(2); 2. Movant must file the motion for reconsideration as a noticed motion; 3. 4. The motion for reconsideration must be no more than ten (10) pages in length and may not include attachments or exhibits; The motion for reconsideration will specifically address federal standard applicable to motions for reconsideration and the requirements outlined in Civil Local Rule 7.1(i)(1), and will not reallege arguments previously considered and ruled upon by the Court; 5. The Court will set dates for a hearing and filing of opposition briefs if the Court finds they are warranted following an initial review of the merits of the motion; and 6. All dates and deadlines in the case will remain as set and discovery and other proceedings will go forward until otherwise ordered by the Court. I. Daubert Motions: Motions addressing the qualifications or testimony of a proposed expert must be brought by the dispositive motion hearing cut-off. They will not be entertained as motions in limine. 4 IV. MOTIONS FOR SUMMARY JUDGMENT A. All motions for summary judgment must be accompanied by a separate statement of undisputed material facts. The separate statement should be prepared in a table format, with each undisputed material fact individually enumerated and supported by citations to evidence in the record. If the moving party fails to submit a separate statement of undisputed material facts with the moving papers, the Court will issue a discrepancy order rejecting the motion for summary judgment to discrepant for failing to comply with this Chambers requirement. This may require the moving party to obtain a new hearing date. B. Any opposition to a summary judgment motion must include a response to the moving party’s separate statement of undisputed material facts. Any evidentiary and procedural objections to the motion for summary judgment must be filed contemporaneously with the opposition brief. Similarly, the moving party must file any evidentiary and procedural objections to the opposition brief contemporaneously with its reply brief. If filed as a separate document, evidentiary and procedural objections may not exceed five (5) pages in length. V. Ex Parte Proceedings: A. Appropriate ex parte motions may be made at any time after first contacting chambers, but must ultimately be filed electronically on CM/ECF. Before filing any ex parte motion, counsel must 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 counsel documenting; (1) efforts to contact opposing counsel; (2) counsel’s meet and confer efforts; and (3) opposing counsel’s position regarding the ex parte motion. Any ex parte motion filed with the Court must be served on opposing counsel via facsimile, electronic mail with return receipt requested, or overnight mail. 5 B. After service of the ex parte motion, opposing counsel will ordinarily be given until 5:00 p.m. on the next business day to respond. If more time is needed, opposing counsel must call chambers to modify the schedule. Ex parte motions that are not opposed will be considered unopposed and may be granted on that ground. After receipt, moving and opposing ex parte papers will be reviewed and a decision will be made without a hearing. If the Court requires a hearing, the parties will be contacted to set a date and time. VI. SEEKING LEAVE TO FILE DOCUMENTS UNDER SEAL A. B. There is a presumptive right of public access to court records based upon common law and first amendment grounds. 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. The Court may seal documents to protect sensitive information; however, the documents to be filed under seal will be limited by the Court to only those documents, or portions thereof, necessary to protect such sensitive information. The Court recommends that parties seeking to seal documents that will be filed in conjunction with noticed motions, or in opposition or reply to noticed motions, do so before filing the respective documents. This will allow the Court to consider the merits of the motion to seal, and if the motion is denied, allow the parties an opportunity to decide whether to include the documents in the subsequent motion, opposition, or reply. If a party files a motion to seal in conjunction with a noticed motion, and the Court thereafter denies the motion to seal, the documents will immediately be publicly filed on CM/ECF. C. Any motion to seal must set forth: (1) a description of the particular documents or part of the document(s) the party seeks to seal; (2) the correct legal standard and an analysis of why the standard has been satisfied with respect to the particular document(s); and (3) affidavits or declarations in support of the motion. 6 VII. TEMPORARY RESTRAINING ORDERS All motions for temporary restraining orders must 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. In appropriate cases, the Court may issue a limited restraining order to preserve evidence pending further briefing. VIII. JOINT MOTIONS/STIPULATION Pursuant to Section 2(f)(4) of the ECF Manual, all stipulations must be filed as joint motions. Joint motions must be signed by the Court to have legal effect. IX. SETTLEMENT AND DISMISSAL 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 a proposed order to this Court within twenty-eight days of settlement. X. PRO SE PRISONER CASES In cases involving pro se prisoners as litigants, the Court expects defense counsel and the government entity with which a defendant is associated to cooperate in facilitating the prisoner’s telephonic appearances or personal appearances for any scheduled conference, hearing, or trial. This responsibility includes preparing any writs of habeas corpus as testificandum for the incarcerated pro se plaintiff and any of his or her incarcerated witnesses, as authorized by the Court. XI. TELEPHONIC APPEARANCES Telephonic appearances will be permitted only in emergency circumstances upon court approval. If a party needs to appear telephonically before this Court, he or she must contact chambers immediately upon learning of the 7 emergency and leave a voicemail. Upon reviewing the voicemail, the Court will contact the party. Until the Court grants permission for telephonic appearance, the party needing to appear telephonically must arrange to have a colleague appear on his or her behalf. XII. TRIAL PROCEDURES A. the parties Pretrial Conference: Pursuant to Civil Local Rule 16.1(f)(6), the to chambers Court requires that ([email protected]) a joint proposed pretrial order at least fourteen (14) days before the pretrial conference. The proposed pretrial order must strictly comply with the requirements set forth in Civil Local Rule 16.1(f)(6)(c). All parties are required to cooperate in completing the proposed pretrial order. lodge by email For all pretrial dates, parties must refer to the scheduling order issued in their respective case, which is issued by the assigned magistrate judge. Dates in the scheduling order are subject to change by court order. B. Trial Schedule: In general, civil trials are scheduled from 9:30 a.m. to 4:30 p.m., Tuesdays through Fridays. The Court will notify the parties of deviations from this schedule and, when possible, will attempt to accommodate jurors, witnesses, and counsel, should conflicts arise. There will be morning and afternoon breaks of fifteen minutes each, along with a lunch break of one hour. C. Motions in Limine: 1. Motions in limine will typically be heard in advance of the first day of trial, on a date set by the Court. Each side is allowed a maximum of five (5) motions in limine. Each motion must be limited to a single subject. Each motion and each opposition are limited to five (5) pages in length. Attachments are also limited to a maximum of five (5) pages for any motion or opposition. 8 2. 3. Prior to filing motions in limine, counsel must meet and confer and discuss their intended motions in attempt to resolve issues without court intervention, as appropriate. Counsel must confirm their good faith attempt to resolve the issues through the meet and confer process in their motion papers. 4. Motions in limine must be limited in scope to evidentiary issues. Motions for judgment on the pleadings, summary judgment or summary adjudication, Daubert, and leave to amend or for bifurcation are not proper in limine motions. D. Trial Briefs: The parties may file trial briefs seven (7) days prior to the date of trial. Trial briefs are limited to twenty-five (25) pages. Attachments or exhibits may not be appended. E. Voir Dire: If counsel wish to expand the scope of the judge’s initial voir dire, they may file proposed voir dire questions no later than seven (7) days before the date of trial, unless otherwise ordered by the Court. The Court will conduct the initial voir dire. The Court will generally permit follow-up voir dire conducted by the attorneys. Ten (10) minutes per side will generally be allowed on routine cases. Attorney conducted voir dire should be supplemental and not duplicative of the Court’s questions. The limited attorney voir dire should be directed to follow up on answers to the questions asked by the judge and should be calculated to discover bias or prejudice with regard to circumstances of a particular case. No attempts to use the questioning to precondition the jury to a party’s case will be allowed. F. Proposed Jury Instructions: The parties must file proposed jury instructions and verdict forms with their joint pretrial conference order, unless otherwise ordered by the Court and email a copy in Word format to [email protected]. Counsel must meet and confer and submit a joint set of agreed jury instructions. Counsel must also submit a separate set of any instructions they propose to which there is an objection. The Court prefers to use the Model Jury 9 Instructions for the Ninth Circuit whenever possible. The parties should consult Criminal Local Rule 30.1 regarding proper form and content. G. Witness and Exhibit Lists: Parties must file witness and exhibit lists seven (7) days prior to trial date, unless otherwise ordered by the Court. H. I. Side Bar Conferences: The Court prefers no side bar conferences during the trial. If there is an issue to discuss outside the presence of the jury, whenever possible, it will be taken up on a recess. In the meantime, move on with your examination. Use of the Well/Examining and Approaching Witnesses: Counsel may freely use the well for opening statement or closing argument Witness examination must be done from the podium. You need to ensure, in all instances, that you can be heard. Lapel microphones are available upon request. J. Presentation of Evidence: Please abide by the following rules: 1. 2. 3. 4. Do not enter the well, except during voir dire, opening statement and closing argument. Conduct all examination of witnesses from the podium. 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 the witness with an exhibit and returning to the podium. 5. 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. 6. When objecting, state only the legal ground for the objection, e.g., “Objection, hearsay.” 10 7. 8. Speaking objections are not permitted, unless the Court requests further information from counsel. 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. 9. Do not vouch for evidence, e.g., “I believe....” 10. Refrain from facial expressions, nodding or other conduct that projects an opinion, favorable or unfavorable, concerning testimony of a witness, argument by counsel, or a ruling by the Court. 11. Do not address or refer to witnesses or parties by first name alone, except for witnesses under age 18. Use appropriate titles, e.g., Mr., Ms., Mrs., Agent, Officer, Doctor, etc. Publishing Exhibits: Exhibits may not be passed among the jury during trial. If counsel wish the entire panel to examine a particular exhibit prior to deliberations, they should either provide blowups, use the overhead projector to project the exhibit, or display a digital image. Practice and Procedures: In advance of trial, Judge Cheeks’ law clerk and/or courtroom deputy will provide counsel with handouts regarding the method used for jury selection, voir dire, and other relevant courtroom procedures. K. L. M. Use of Electronic Equipment in the Courtroom: The Court has audio/visual equipment for counsel’s use. In brief, the podium is wired to connect with counsel’s computers, laptops, and tablets. A VGA or HDMI connector is required for your devices. There is a Document Camera (Elmo) in place, with an annotation feature, and a Blu Ray player. Finally, the jury box is equipped with digital monitors, as are counsel tables, and a gallery monitor. Counsel should contact the CRD for details and instructions and to schedule a preview of the equipment. Counsel should contact the CRD with any questions regarding the use of any other equipment not provided by the Court. 11

=== Judge Cheeks Criminal Chambers Rules ===

HONORABLE BENJAMIN J. CHEEKS U.S. DISTRICT JUDGE CRIMINAL CASE PROCEDURES (Last Updated January 2025) Courtroom Deputy Tisha Weisbeck (619) 557-6038 Edward J. Schwartz Courthouse Courtroom 3A (619) 446-3972 All matters before Judge Cheeks will be conducted in accordance with the following practices. Except as otherwise provided herein, or as specifically ordered by the Court, all parties are expected to comply strictly with the Local Rules of the Southern District of California and the Federal Rules of Criminal Procedure. All proposed orders and other documents submitted to the Court should be emailed to [email protected] in Microsoft Word format. Documents submitted in Word Perfect will be rejected by the Court. I. COMMUNICATIONS WITH CHAMBERS A. Letters or Emails: Letters or emails to chambers are prohibited unless specifically requested by the Court. If letters or emails are requested, copies of the same must be simultaneously delivered to all counsel. Copies of correspondence between counsel may not be sent to the Court unless specifically requested by the Court. B. Telephone Calls: For docketing, scheduling, and calendaring matters, call Courtroom Deputy Tisha Weisbeck at (619) 557-6038 or email her at [email protected]. For matters other than docketing, scheduling, or calendaring, call chambers at (619) 446-3972 and address your inquiries to the Law Clerks. II. BAIL MATTERS Bail matters are typically referred to the magistrate judges of this Court for handling unless: (1) a case is set for trial, (2) a guilty plea has been accepted, or (3) Judge Cheeks originally set the bond conditions. In these instances, a proposed order should be sent to Judge Cheeks’ efile for review and processing. A hearing will be set, if needed. Any Motion to Modify Bail must include the consent or position of the U.S. Attorney’s Office, the sureties, and the assigned Pretrial Services Officer. III. CALENDAR Criminal matters are heard on Mondays, beginning at 9:30 a.m. and 2:00 p.m. unless otherwise scheduled by the Court. A party seeking a continuance of a hearing must notify Judge Cheeks’ Courtroom Deputy at the earliest possible time. All continuance requests require a joint or unopposed motion to continue. The Courtroom Deputy may administratively continue sentencing matters where all parties agree, if the case has not been continued twice before, and in no event longer than sixty (60) days from the originally scheduled date. Except as provided above, the Court prefers that continuance requests be made by joint motion prior to the scheduled date, and NOT at the time of the hearing. All joint motions to continue must include: (1) the reason(s) for the circumstances establishing good cause for the continuance; (2) defendants who are not in custody must sign off on the Joint Motion and acknowledge and accept the next proposed court date in writing; (3) in cases where the Speedy Trial Clock is active, all joint motions must address any time that should be excluded under the Speedy Trial Act in the joint motion AND proposed order. All proposed orders should be emailed to Judge Cheeks’ efile. No continuance will be granted where the parties have failed to fully comply with Local Rule 16.1. See Section IV, below. Please be advised that all continuance requests must be made no less than three (3) court days prior to a hearing; otherwise, the request will be denied, and the hearing will not be taken off calendar or continued to a new date. By way of example, a motion to continue a hearing set for Monday must be filed by 5:00 p.m. on the preceding Wednesday. IV. COMPLIANCE WITH LOCAL RULE 16.1 Not later than fourteen (14) calendar days after the arraignment on an Indictment or Information, the attorney for the defendant(s) and the attorney for the government must confer and attempt to agree on a timetable and 2 procedures for the pretrial disclosure of materials set forth in Federal Rule of Criminal Procedure 16. Not later than seven (7) calendar days prior to the first motion hearing, the parties must inform the Court in writing of the agreed upon timetable for the production of discovery, including the Alien Registration File, video footage, car/vehicle inspection, DEA drug reports, cell phone extraction data, and/or ESI where applicable, as well as the proposed timing for disclosure of expert witnesses under Rule 16, and any areas of disagreement. V. MOTIONS A. Briefing Schedule: All parties shall adhere strictly to Criminal Local Rule 47.1, which provides that all motions must be filed no later than fourteen (14) days prior to the date for which the motion is noticed unless the Court, by order and for good cause, shortens that time. Motions to shorten time are disfavored due to the difficulty that untimely filing creates for the opposing party to prepare and file a response, and for the Court to review the parties’ submissions and prepare for hearing. B. Reply Briefs and Other Supplemental Documents: There is no provision for reply briefs in Local Rule 47.1, and the briefing schedule set forth by the rule does not accommodate the filing of any supplemental documents prior to a scheduled motion hearing. If a party wishes to file a reply brief or other supplemental documents in support of, or in opposition to, a pending motion, the party must seek leave of court to do so. Leave will not be granted absent good cause, and no supplemental filings will be accepted less than seven (7) days prior to the scheduled motion hearing. VI. EX PARTE REQUESTS Counsel shall submit an accompanying declaration on ALL motions and ex parte applications, relief. The request motion/application and accompanying declaration must be non-conclusory and must plainly set forth (in detail) the specific reasons for the request. for extraordinary including 3 ECF Manual § 2(i) permits all ex parte documents for which no notice is to be provided to opposing parties to be filed in paper format under seal. If a party chooses to file an ex parte document in paper format, then the filing party must also provide a digital courtesy copy sent to the Court’s e-file email address at [email protected]. VII. PRETRIAL MOTIONS Magistrate judges will schedule the motion hearing/trial setting on the Monday calendar. All motions, except motions in limine and those pertaining to sentencing matters, must be filed at least fourteen (14) calendar days before the hearing date. Opposition briefs must be filed at least seven (7) calendar days before the hearing date. Applications for an order shortening time are disfavored, however, must be supported by a non- conclusory affidavit signed by counsel setting forth facts establishing specific good cause. Joint motions to continue must state: (1) a reason for the circumstances establishing good cause for the continuance; and (2) defendants who are not in custody must acknowledge the next court date in writing. Please be advised that all continuance requests must be made no less than three (3) court days prior to a hearing; otherwise, the request will be denied, and the hearing will not be taken off calendar or continued to a new date. By way of example, a motion to continue a hearing set for Monday must be filed by 5 p.m. on the preceding Wednesday. In addition, a Local Rule 16.1 report of counsel, the agreed upon timetable for the production of discovery, including the Alien Registration File, video footage, car/vehicle inspection, DEA drug reports, cell phone extraction data, and/or ESI where applicable, as well as the proposed timing for disclosure of expert witnesses under Rule 16, and any areas of disagreement must be on file. Criminal motions requiring a predicate factual finding must be supported by declaration(s). See CrimLR 47.1.g.1. The Court need not grant an evidentiary hearing where either party fails to properly support its motion or opposition. 4 VIII. REQUESTS FOR PROBATION REPORT SUPPORTING DOCUMENTS Where counsel wish to access documents in the possession of the United States Probation Office in connection with sentencing, they must confer with the probation officer to determine what documents are in fact available and whether the probation officer has any objection to their disclosure. Where no objection exists, counsel must then file an application for a court order authorizing the probation officer to release the documents. Merely filing objections to the probation officer’s report indicating a lack of the records or requesting disclosure of the records will not, in and of itself, require the Court to take any action in this regard. IX. SENTENCING AND SENTENCING SUMMARY CHARTS The Court expects defense counsel, in any felony matter, to read, explain, and provide their client with a copy of the Mandatory and Standard Conditions of Supervised Release prior to sentencing. All counsel must adhere strictly to Criminal Local Rule 32.1(a)(5)–(10), which provide the following filing deadlines prior to a scheduled sentencing hearing: 1. Objections to the PSR: 14 days prior 2. Motions for departures, other than 5k1.1: 14 days prior 3. Motions for 5k1.1 departures: 7 days prior 4. 5. 6. Sentencing summary charts: 7 days prior Addenda addressing objections: 7 days prior Supporting documents: 7 days prior 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. Judge Cheeks reviews all sentencing documents prior to the hearing and will allow each party to supplement their filings on the record, as needed. No party shall submit more than ten sentencing letters without leave of Court. 5 Where the parties waive a presentence report, except those where the charge is illegal entry, Government counsel must file a sentencing memorandum the offense(s), and (2) any the circumstances of detailing: (1) recommendations for supervised release. Immediate Sentencing: 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. VII. SEEKING LEAVE TO FILE DOCUMENTS UNDER SEAL There are often psychiatric reports or other sensitive information related to sentencing or motions where counsel seek to file the matters under seal. The Court seeks to limit sealing orders to only the sensitive material. Therefore, counsel are ordered to proceed as follows: A. B. There is a presumptive right of public access to court records based upon common law and first amendment grounds.1 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. The Court may seal documents to protect sensitive information, however, the documents to be filed under seal will be limited by the Court to only those documents, or portions thereof, necessary to protect such sensitive information. Therefore, it is suggested that sensitive material be submitted in a separate document. The Court recommends that parties seeking to seal documents that will be filed in conjunction with sentencing documents, noticed motions, or in opposition or reply to noticed motions, do so before filing the respective documents. The original motion to seal, and the documents to be sealed, should be submitted to the Clerks’ Office prior to filing them. The Clerk’s Office will forward the documents to chambers for review. This will allow the Court to consider the merits of the motion to seal, and if the motion is denied, allow the 1 See Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 597 (1978); Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096 (9th Cir. 2016). 6 parties an opportunity to decide whether to include the documents in the subsequent sentencing document, motion, opposition, or reply. If a party files a motion to seal in conjunction with a noticed motion, and the Court thereafter denies the motion to seal, the documents will immediately be publicly filed on CM/ECF. C. Any motion to seal must set forth: (1) a description of the particular documents or part of the document(s) the party seeks to seal; (2) the correct legal standard and an analysis of why the standard has been satisfied with respect to the particular document(s); (3) affidavits or declarations in support of the motion; and (4) the documents to be sealed. The motion must state the date of the next scheduled hearing in the case. VIII. COURTESY COPIES 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 courtesy copy directly to Chambers within 24 hours after filing. Please be advised that expeditious delivery is particularly important when a party has filed a lengthy sentencing document in an untimely manner. If a filing is particularly voluminous, parties may provide their courtesy copies in electronic-media format (e.g., USB flash drive). All documents should be scanned using Optical Character Recognition (“OCR”), if possible. All parties who file a document under seal MUST also submit a digital courtesy copy of the filing to this Court’s e-file email address at [email protected]. IX. TRIAL PROCEDURES A. Trial Schedule: In general, criminal trials are scheduled from 9:30 a.m. to 4:30 p.m., Tuesdays through Fridays. The Court will notify the parties of deviations from this schedule, and when possible, will attempt to accommodate jurors, witnesses, and counsel, should conflicts arise. There will be morning and afternoon breaks of fifteen minutes each. The lunch break will be at least one hour. 7 B. Motions in Limine: These Motions will be heard fourteen (14) days before the trial date unless otherwise set by the Court. Motions are due fourteen (14) days before the hearing, with any opposition due 7 days before the hearing, unless otherwise set by the Court. No reply memorandum are to be filed. C. Trial Briefs: Trial briefs are due the same date as Motions in Limine are to be filed. The parties should consult CrimLR 23.1 regarding proper form and content. D. Demonstratives: Any party who intends to use a demonstrative such as a PowerPoint presentation, poster boards, etc., during opening statements must disclose their intention to the opposing party on or before the Thursday prior to trial. The parties must meet and confer prior to the first day of trial in order to resolve any objections or other issues. Counsel should contact Judge Cheeks’ Courtroom Deputy in order to make any necessary technological or logistical arrangements in advance of trial. E. Voir Dire: Counsel may file proposed voir dire questions no later than seven (7) days before the date of trial. The Courtroom Deputy will provide counsel with a numerical list of the jury panel (“strike sheet”) at the start of voir dire. The Court will conduct the initial voir dire. The Court will generally permit follow-up voir dire conducted by the attorneys. Ten (10) minutes per side will generally be allowed on routine cases. Attorney conducted voir dire should be supplemental and not duplicative of the Court’s questions. The limited attorney voir dire should be directed to follow up on answers to the questions asked by the judge and should be calculated to discover bias or prejudice with regard to circumstances of a particular case. No attempts to use the questioning to precondition the jury to a party’s case will be allowed. After the Court and counsel have voir dired the panel, counsel may exercise challenges for cause outside the presence of the prospective jurors. The exercise of peremptory challenges will follow. Counsel will exercise their respective challenges by alternating peremptory challenges orally outside the presence of the prospective jurors. 8 F. Proposed Jury Instructions: The parties must file proposed jury instructions and verdict forms seven (7) days prior to the date of trial, unless otherwise ordered by the Court and email a copy in Word format to [email protected]. Counsel must meet and confer and submit a joint set of agreed jury instructions. Counsel must also submit a separate set of any instructions they propose to which there is an objection. The Court prefers to use the Model Jury Instructions for the Ninth Circuit whenever possible. The parties should consult CrimLR 30.1 regarding proper form and content. G. Witness and Exhibit Lists: The parties must file witness and exhibit lists seven (7) days prior to the date of the trial, unless otherwise ordered by the Court. All witnesses must be present at the start of trial or readily available to take the stand. It is not acceptable for a jury to wait while counsel attempts to locate a witness. It is also counsel’s responsibility to instruct witnesses and parties not to discuss their testimony or discuss the case outside of court in the presence of any jurors or in any location where the jurors may overhear. H. I. Side Bar Conferences: The Court prefers no side bar conferences during trial. If there is an issue to discuss, it will be taken up on a recess outside the presence of the jury. In the meantime, move on with your examination. Use of the Well/Examining and Approaching Witnesses: Counsel may freely use the well for opening statement or closing argument. Witness examination must be conducted from the podium or counsel table. Counsel will not approach the witness without asking permission. You need to ensure that you can be heard at all times. Lapel microphones must be used. The Court reserves the right to limit re-cross and/or re-direct. Notify the Court if an interpreter is needed. It is counsel’s responsibility to make arrangements with the Interpreter Services Department at (619) 557-5172. The Court Reporter will not transcriber any videos or audio tapes. Consequently, the parties must provide a stipulated transcript of videos or audio tapes. 9 J. Publishing Exhibits: Exhibits may not be passed among the jury during trial. If counsel wish the entire panel to examine an exhibit prior to deliberations, they should present the exhibit on the Court’s Elmo/electronic equipment. Before publishing an exhibit to the jury, counsel must move for admission of the exhibit or allow the Court to inquire whether the opposing side has any objection to publication. When referring to an exhibit, counsel should refer to its exhibit number whenever possible to keep a complete record. If an exhibit is being used and counsel’s view is obstructed, counsel may relocate for better viewing without requesting permission from the Court. Pursuant to Local Criminal Rule 1.1(e) and Local Rule 79.1, all exhibits will be returned at the end of trial to the party who produced them. K. Objections: 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. When 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. L. All audio and video exhibits to be entered into evidence will be submitted to the jury on a thumb drive. Discs will no longer be accepted. All counsel will be responsible for creating the thumb drives. Counsel will need to create two thumb drives; one of which will include all marked and admitted exhibits that will be preserved for the record and the second will be a thumb drive containing only admitted exhibits which will be given to the jury for their review. Counsel must create a table of contents and mutually agree upon the contents of each thumb drive. The Court disfavors binders and all evidence should be presented electronically, when possible. 10 X. USE OF ELECTRONIC EQUIPMENT IN THE COURTROOM The Court has audio/visual equipment for counsels’ use. In brief, the podium and counsel tables are wired to connect with counsel’s computers, laptops and tablets. There is an Elmo in place and the jury box is equipped with digital monitors. Counsel should contact the CRD for details and instructions and with questions regarding the use of equipment not provided for by the Court. XI. NOTICE TO COURT OF DISPOSITION 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 Clerk at (619) 557-6038 at the earliest available time to inform the Court of the disposition. XII. MOTIONS TO MODIFY OR TERMINATE SUPERVISED RELEASE 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. 11