Judge Jeffrey T. Miller
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
All filings
- Upon request
Filings > 20 pages
Adjournments
- Moving papers must be filed and served within 3 days of obtaining hearing date.
- Statement of non-opposition must be filed 14 days before hearing.
- Unagreed continuance requests require ex parte application with specific information
- Continuance requests require meet-and-confer, joint motion with declaration, and proposed order emailed to efile_miller@casd.uscourts.gov
Request must include
Communication
Phone
Chambers
Document Format Requirements1 rule
Proposed Orders must be submitted in Word Perfect or Word format.
- File type
- Word
Document Filing Requirements10 rules
Sentencing Memoranda and Sentencing Summary Charts should be filed 5 court days (usually 7 calendar days) prior to the scheduled hearing.
Proposed jury instructions should be submitted by both sides no later than 5 calendar days prior to the commencement of trial.
Proposed voir dire, whether to be asked by counsel or proposed for the Court to ask, must be submitted in written form no later than 7 days prior to commencement of trial.
Trial briefs should be filed no later than 5 calendar days before trial is to commence in cases where there is any significant disputed issue of law, or if a party is requesting that specific questions be asked or specific topics be covered during the Court’s voir dire.
Government counsel shall provide a list of exhibits to the courtroom deputy on the first day of trial.
Motions should be filed 14 days prior to the hearing and responses and oppositions should be filed 7 days prior to the hearing.
Proposed orders required with all motions, emailed to efile_miller@casd.uscourts.gov in Word format with specific naming convention
- Document
- Motion
Must include
- •Proposed order
Court's wording
Proposed orders must be submitted simultaneously with the filing of all joint motions or ex parte requests. The proposed order should be emailed to efile_miller@casd.uscourts.gov in Word format. All extraneous information (i.e., attorney and firm name, headers, footers, and watermarks) should be removed from the proposed order. If possible, the docket number of the corresponding motion should be included in the caption. The proposed order should be named as follows: case number_title_date (e.g., 00cv1234_order granting continuance_5 6 09)
Proposed Orders must be submitted in Word format.
Motions for Orders Shortening Time are unnecessary!
Proposed Pretrial Order required by Civil Local Rules by Scheduling Order date; Memorandum of Contentions not required
- Document
- Pretrial order
Must include
- •Proposed pretrial order
Court's wording
Parties shall submit the Proposed Pretrial Order as required by the Civil Local Rules by the date indicated in the Scheduling Order issued by the magistrate judge assigned to the matter. The parties are NOT required to submit a Memorandum of Contentions of Fact and Law as set forth in Civ. L.R. 16.1(f)(2).
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies required for e-filed documents over 20 pages.
Courtesy copies of e-filed documents longer than 20 pages, including exhibits, MUST be submitted to chambers. Failure to submit courtesy copies may result in a continuance of the hearing.
Civil cases
Courtesy copies not required unless specifically requested.
Courtesy copies of e-filed documents related to criminal matters need not be submitted unless specifically requested by Judge Miller’s Law Clerk.
Page 1 | II. Document Submissions
Pre-Motion Conference Requirements
Motions in Limine must be filed after in-person meet-and-confer with declaration of efforts
Motions in Limine may be heard the Friday before trial is scheduled to begin or the morning of the first day of trial prior to jury impanelment. The judge will assign a Motions in Limine date at the time of the Pretrial Conference. Before filing any motions in limine, parties are required to meet and confer in person in an attempt to resolve their dispute. If the parties are unable to resolve their differences, counsel filing the motion in limine shall attach a declaration documenting the parties' meet-and-confer efforts and the reason for their unsuccessful efforts.
Civil cases
Page 4 | VIII. Motions in Limine
Adjournment & Extension Requirements
Unagreed continuance requests require ex parte application with specific information
If the parties are unable to reach an agreement, the requesting party shall file an ex parte application satisfying the applicable legal standard, with a particular focus on the diligence of the party seeking delay and any prejudice that may result therefrom. In addition, the ex parte application shall state: (1) the original hearing date, (2) the number of previous continuance requests, and (3) whether previous requests were granted or denied.
Civil cases
Page 3 | V. Continuances
Continuance requests require meet-and-confer, joint motion with declaration, and proposed order emailed to efile_miller@casd.uscourts.gov
Parties requesting a continuance of any conference, scheduled motion, hearing date, deadline, or briefing schedule or other procedural change shall meet and confer prior to contacting the Court. If the parties reach an agreement, they shall e-file a joint motion with a detailed declaration of the reason for the requested continuance or extension of time. They shall also e-mail a proposed Order to efile_miller@casd.uscourts.gov. Except in extraordinary circumstances, joint motions to amend a briefing schedule or to continue a motion hearing date must be filed no later than three court days before the affected date.
Civil cases
Page 3 | V. Continuances
Statement of non-opposition must be filed 14 days before hearing.
A party that determines that it will not oppose a given motion shall file a statement of non-opposition no later than 14 days before the hearing date.
Civil cases
Moving papers must be filed and served within 3 days of obtaining hearing date.
Moving papers MUST be filed and served within 3 days of obtaining a motion hearing date from chambers.
Civil cases
Chambers Communication Rules
Requests for Substantive Relief with Notice. Where a party requests a temporary restraining order or the application of a state law remedy encompassed within the scope of Fed.R.Civ.P. 64 or 69, notice must be provided to all interested parties. Upon filing the motion, the proponent shall immediately inform chambers that a motion for expedited relief has been filed with the court. The proponent shall provide chambers with the identity of opposing counsel and contact information. Pursuant to chambers policy, staff will contact the opposing party and request a response and given the nature of the request, may also request a reply brief and/or set the matter for oral argument.
Requests for Substantive Relief with Notice. Where a party requests a temporary restraining order or the application of a state law remedy encompassed within the scope of Fed.R.Civ.P. 64 or 69, notice must be provided to all interested parties. Upon filing the motion, the proponent shall immediately inform chambers that a motion for expedited relief has been filed with the court. The proponent shall provide chambers with the identity of opposing counsel and contact information. Pursuant to chambers policy, staff will contact the opposing party and request a response and given the nature of the request, may also request a reply brief and/or set the matter for oral argument.
Civil cases
Page 3 | Requests for Substantive Relief with Notice
True ex parte relief requires immediate chambers contact after filing and is subject to FRCP 65 and Civ.L.R. 83.3(h)
Requests for Substantive Relief without Notice. True ex parte relief (that is, a request for relief without notice to the opposing party) is rarely appropriate unless authorized by statute. True ex parte relief is subject to the requirements of Fed.R.Civ.P. 65 and Civ.L.R. 83.3(h). Upon filing a motion for true ex parte relief, the proponent must immediately contact chambers and request a hearing. Chambers staff will inform the proponent of any additional procedures applicable to the party's request.
Civil cases
Page 3 | Requests for Substantive Relief without Notice
Faxes to chambers are prohibited unless specifically requested.
Faxes to chambers are prohibited unless specifically requested by the Court.
Page 2 | II. Document Submissions
Phone calls to chambers limited to docketing, scheduling, calendaring.
Telephone calls to chambers are permitted ONLY for matters such as docketing, scheduling, or calendaring.
Civil cases
Faxes to chambers prohibited unless specifically requested.
Faxes to chambers are prohibited unless specifically requested by the Court.
Civil cases
Correspondence between counsel should not be sent to the Court.
Copies of correspondence between counsel shall not be sent to the Court.
Civil cases