Judge David Briones
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
- Not required
Communication
Phone
Chambers
Phone
Clerk
Fax
Chambers
Page & Word Limits2 rules
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.
Counsel allowed 5 minutes each for voir dire questioning.
Court's wording
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.
Document Format Requirements2 rules
Yes, WordPerfect 9.0.
- File type
- WordPerfect
Yes, WordPerfect 9.0.
- File type
- WordPerfect
Document Filing Requirements13 rules
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.
Motions in criminal cases must reflect the result of counsel's pre-filing conference in the body or title.
Court's wording
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.
Yes, WordPerfect 9.0.
File a Motion requesting a modification to the previously entered Standing Discovery Order.
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.
The Court will not tolerate tardiness and unpreparedness. Additionally, the Court frowns upon one Attorney representing multiple defendants in one criminal case.
Leave of Court is required for a Sur-Reply.
- Document
- sur-reply
Must include
- •Leave of court
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.
Refer to the Rules.
The Parties will collect their respective exhibits at the conclusion of jury trials.
If warranted, the Court assigns GALs.
Plea
Include
- •Plea
Refer to the Court’s Standing Discovery Order.
Filing & Service rules
Courtesy Copy Requirements
Courtesy copies of filings are not required.
Not necessary.
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.
Civil cases
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.
Civil cases
Page 11 | Pretrial Motion Practice.
Motions to suppress must be coordinated with the Courtroom Deputy.
Coordinate the Motion with the Courtroom Deputy.
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.
Civil cases
Page 1 | Contacting the Court
File motion to modify scheduling order.
File a Motion requesting a modification to the previously entered Scheduling Order.
Civil cases
Page 2 | General Pretrial Procedures
Sur-replies require leave of court.
Leave of Court is required for a Sur-Reply.
Civil cases
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.
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.
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.
Civil cases
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.
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.
Civil cases
Page 11 | Pretrial Motion Practice
Court allows letter briefs at its discretion.
Yes, but discretion is the key.
Civil cases
Page 13 | Letter Briefs
Social Security appeals routinely referred to magistrate judge.
Appeals from the Social Security Administration.
Civil cases
Page 2 | Procedures Specific to Civil Cases
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 permit 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.
Civil cases
Page 5 | Motions Practice
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.
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.
Civil cases
Page 6 | Hearing and Trial Procedures
Yes.
Yes.
Civil cases
Page 14 | Motions Practice
No set procedure. Parties should notify the Court as soon as they are aware of a need to continue the trial date.
No set procedure. Parties should notify the Court as soon as they are aware of a need to continue the trial date.
Civil cases
Page 15 | Hearing and Trial Procedures
No.
No.
Civil cases
No set procedure. Parties should notify the Court as soon as they are aware of a need to continue the trial date.
No set procedure. Parties should notify the Court as soon as they are aware of a need to continue the trial date.
Civil cases
Yes.
Yes.
Civil cases
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.
Civil cases
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.
Civil cases
Page 9 | Contacting the Court
Court will not tolerate tardiness or unpreparedness.
The Court will not tolerate tardiness and unpreparedness.
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.
Civil cases
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.
Civil cases
Page 1 | Contacting the Court
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.
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.
Civil cases
For emergencies, contact the court via telephone at (915) 534-6744.
Telephone: (915) 534-6744.
Civil cases
Page 1 | Contacting the Court
The court may be contacted via fax at (915) 534-6881.
Fax: (915) 534-6881.
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.
Civil cases
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.
Civil cases
Page 13 | Motions Practice
Contact law clerk for scheduling matters.
The law clerk handling the case.
Civil cases
Page 1 | Contacting the Court
Notify law clerk when contested motion is resolved.
Contact the respective law clerk.
Civil cases
Page 1 | Contacting the Court
Court fax number provided for contact.
Fax: (915) 534-6881.
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.
Civil cases
Page 1 | Contacting the Court
Court emergency phone number provided.
Telephone: (915) 534-6744.
Civil cases
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.
Civil cases
Page 8 | Court Appointments
Coordinate motions to suppress with the Courtroom Deputy.
Coordinate the Motion with the Courtroom Deputy.
Civil cases
Page 11 | Pretrial Motion Practice
Contact Courtroom Deputy when criminal contested motion is resolved.
Contact the Courtroom Deputy.
Civil cases