Judge Jill L. Burkhardt
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy
Filings > 40 pages
- Within 1 Court Day
Adjournments
- Any request to amend the scheduling order or to continue or reschedule any date, deadline, or court proceeding should be filed no fewer than 7 calendar days in advance of the dates and deadlines at issue.
- Meet and confer must begin within 14 days of dispute.
- Motions to continue Court proceedings must propose three alternative dates.
- Motions to amend scheduling order must state timeliness and show excusable neglect if untimely.
- Any motion filed fewer than 7 calendar days in advance of the dates and deadlines at issue must address excusable neglect for the untimely request.
Request must include
Communication
Phone
Chambers
Page & Word Limits4 rules
Unless the Court directs otherwise, a discovery motion and any opposition thereto shall be no more than 10 pages each, exclusive of exhibits.
- Discovery motion
- Up to 10 pages
Excluded from page count
- •Exhibits
Requested or authorized reply briefs shall be no more than 5 pages.
- Reply brief
- Up to 5 pages
The Joint Discovery Statement shall be no more than 7 pages excluding exhibits
- Joint discovery statement
- Up to 7 pages
Excluded from page count
- •Exhibits
MSC statements are not to exceed 10 pages, exclusive of exhibits. If any statement exceeds 40 pages with exhibits, a courtesy copy is required.
- MSC statement
- Up to 10 pages
Document Filing Requirements2 rules
Joint Discovery Statement must be lodged within 30 days of dispute.
Court's wording
No later than 30 calendar days after the date upon which the event giving rise to the discovery dispute occurred (see § V.E), if the parties have been unable to resolve their dispute through the meet and confer process, the parties shall: Lodge a Joint Discovery Statement with the Court.
All stipulated protective orders submitted for the Court's approval must be filed as a joint motion pursuant to CivLR 7.2.
- Document
- Stipulated protective order
Must include
- •Joint motion
Filing & Service rules
Courtesy Copy Requirements
Documents over 20 pages must be delivered directly to chambers.
When an order directs you to lodge a document with the Court, you should either send it via email to: efile_Burkhardt@casd.uscourts.gov or deliver the document directly to chambers (221 West Broadway, Suite 5140, San Diego, CA 92101-8949). If the document is more than 20 pages (including exhibits) in length, the document is to be delivered directly to chambers.
Criminal cases
When an order or these Rules direct you to lodge a document with the Court, send it via e-mail to efile_Burkhardt@casd.uscourts.gov. If the lodged document(s) exceeds 40 pages, also provide a courtesy copy. (See § II.E.)
When an order or these Rules direct you to lodge a document with the Court, send it via e-mail to efile_Burkhardt@casd.uscourts.gov. If the lodged document(s) exceeds 40 pages, also provide a courtesy copy. (See § II.E.)
Civil cases
Page 1 | COMMUNICATIONS WITH CHAMBERS
Courtesy copies required for filings over 40 pages, delivered to chambers within 1 court day.
Courtesy copies shall only be provided in cases where any single filing or lodgment (or multiple filings or lodgments in a single court day), inclusive of exhibits, exceeds 40 pages. Courtesy copies shall be delivered directly to Judge Burkhardt's Chambers, not the Clerk's Office, within 1 court day of the filing or lodgment deadline.
Civil cases
Page 2 | COMMUNICATIONS WITH CHAMBERS
Courtesy copies must be CM/ECF-stamped, 2-hole punched, tabbed if >3 exhibits, double-sided preferred.
Courtesy copies of electronically filed documents must be printed from CM/ECF, with the CM/ECF stamp displayed on the top of each page. Courtesy copies must be 2-hole punched at the top. If a filing has more than 3 exhibits, the exhibits in the courtesy copy must be tabbed. Double-sided copies are preferred.
Civil cases
Page 2 | COMMUNICATIONS WITH CHAMBERS
Courtesy copy required for MSC statements exceeding 40 pages with exhibits.
If any statement exceeds 40 pages with exhibits, a courtesy copy is required.
Civil cases
Sealing & Redaction Procedures
Sealed filings require redacted public version and unredacted submission to chambers.
Any party seeking to file documents under seal must comply with the procedures set forth in the Electronic Case Filing Administrative Policies and Procedures Manual (“ECF Manual”). The motion to file should not, itself, be filed under seal. Parties should not seek to file under seal entire pleadings, or entire attachments, unless the party can establish that the entire document satisfies the standard for sealing. Unless the entire document satisfies the standard for sealing, a redacted version of the document must be publicly filed on the docket with only those portions of the document appropriately subject to filing under seal redacted. An application to file under seal should specifically address the basis for sealing each proposed redaction. The party shall lodge the unredacted version of any filing by submitting it to efile_burkhardt@casd.uscourts.gov.
Criminal cases
Opposing parties must notify judge's chambers within one court day if opposing seal application.
If any party opposes the application to file under seal, that party must, within one court day, contact the chambers of the judge who will rule on the application to notify the judge’s staff that an opposition to the application will be filed.
Civil cases
Page 7 | Required Provisions
Filing party must obtain legal basis for confidential designation from designating party before filing under seal.
by another party, the filing party must reach out to the designating party in advance of filing the application to file under seal to obtain from the designating party the legal basis for the confidential designation. The filing party must include the legal basis in the application to file under seal.
Civil cases
Page 7 | Required Provisions
An application to file under seal should specifically address the factual and legal basis for sealing each proposed redaction.
An application to file under seal should specifically address the factual and legal basis for sealing each proposed redaction.
Civil cases
Page 7 | Required Provisions
Unredacted versions must be lodged according to ECF Manual procedures.
The party shall lodge the unredacted version of any filing in accordance with the ECF Manual.
Civil cases
Page 7 | Required Provisions
Documents under seal must follow ECF Manual procedures; entire pleadings/attachments only if entire document meets sealing standard.
Any party seeking to file documents under seal must comply with the procedures set forth in the ECF Manual. Parties should not seek to file under seal entire pleadings, or entire attachments, unless the party can establish that the entire document satisfies the standard for sealing.
Civil cases
Page 7 | Required Provisions
Redacted versions must be publicly filed unless entire document qualifies for sealing.
Unless the entire document satisfies the standard for sealing, a redacted version of the document must be publicly filed on the docket with only those portions of the document appropriately subject to filing under seal redacted.
Civil cases
Page 7 | Required Provisions
Pre-Motion Conference Requirements
Meet and confer required before discovery dispute can be addressed.
The Court will not address discovery disputes until counsel have met and conferred to resolve the dispute.
Civil cases
Page 5 | V.A
Adjournment & Extension Requirements
Nebbia hearings require 24 hours' notice and bail package submission.
Nebbia and surety examination hearings will only be heard if calendared in advance with no less than 24 hours' notice to all parties and the Pretrial Services Office. Defense counsel must provide the Court and the United States Attorney's Office a copy of the proposed bail package, including appraisals, title documents, and other relevant materials, no later than 24 hours in advance of the hearing.
Criminal cases
Oral motions for release modifications require 24 hours' notice and advance calendaring.
Absent extraordinary circumstances, oral motions for modifications of conditions of release will not be heard unless calendared in advance and with 24 hours' notice to the opposing party, the Pretrial Services Office, and the sureties. Parties must provide all documents being relied upon to Judge Burkhardt's CRD, preferably 24 hours in advance of the hearing.
Criminal cases
Non-emergency travel motions must be filed 72 hours before travel.
Motions to modify conditions of release to request non-emergency travel must be submitted no later than 72 hours before the proposed travel.
Criminal cases
Plea agreement must be submitted by noon the day before hearing.
A scanned copy of the plea agreement must be submitted to Judge Burkhardt's CRD no later than noon the day before the change of plea hearing.
Criminal cases
Meet and confer must begin within 14 days of dispute.
Counsel must proceed with due diligence in scheduling and conducting an appropriate meet and confer conference as soon as the dispute arises. Counsel shall commence the meet and confer process within 14 calendar days of the event giving rise to the dispute
Civil cases
Page 5 | V.A
Motions to amend scheduling order must state timeliness and show excusable neglect if untimely.
Motions requesting to amend any date or deadline in the scheduling order shall include the following: ... A statement of whether the request is timely. Untimely requests must include a showing of excusable neglect.
Civil cases
Any motion filed fewer than 7 calendar days in advance of the dates and deadlines at issue must address excusable neglect for the untimely request.
Any motion filed fewer than 7 calendar days in advance of the dates and deadlines at issue must address excusable neglect for the untimely request.
Civil cases
Motions to continue Court proceedings must propose three alternative dates.
Motions requesting to continue or reschedule any Court proceeding must include three mutually agreeable, alternative dates for the proceeding.
Civil cases
Any request to amend the scheduling order or to continue or reschedule any date, deadline, or court proceeding should be filed no fewer than 7 calendar days in advance of the dates and deadlines at issue.
Any request to amend the scheduling order or to continue or reschedule any date, deadline, or court proceeding should be filed no fewer than 7 calendar days in advance of the dates and deadlines at issue.
Civil cases
Chambers Communication Rules
Letters, faxes, or emails to chambers are prohibited unless specifically requested by the Court.
Letters, faxes, or emails to chambers are prohibited unless specifically requested by the Court. If letters, faxes, or emails are requested, copies of the same must be simultaneously delivered to all counsel.
Criminal cases
Meet and confer must be in person or by telephone, not by email.
Under no circumstances may the parties satisfy the meet and confer requirement by exchanging e-mails or other written correspondence.
Civil cases
Page 5 | V.A
Chambers cannot be called to request continuances or rescheduling.
Counsel shall not call Chambers to request to continue or reschedule any date, deadline, or Court proceeding.
Civil cases
Phone contact allowed for immediate deposition disputes.
If a dispute arises during a deposition regarding an issue of privilege, enforcement of a court-ordered limitation on evidence, or pursuant to Fed. R. Civ. P. 30(d), counsel may leave a joint voicemail message with Judge Burkhardt's Chambers at (619) 557-6624 to seek an immediate ruling on the dispute.
Civil cases
Page 6 | V.D