Judicial Profile

Specific Comments or Advice for Litigants

Specific Requirements or Preferences

Judge Beresky expects attorneys and litigants to treat everyone in the courtroom with respect and he pledges to do the same. He also strives to run his calendar in a timely manner. To that end, counsel and litigants should call or email the division if they are running late. Since cases are set at a specific time, all matters are expected to proceed at the time scheduled. Judge Beresky will prepare for every hearing. Attorneys, please meet with your clients prior to the time of your hearing to ensure that you are prepared to state your client’s position.

Pre-Trial Practice and Management Issues

Motion Practice

Please include proposed orders with your motion and include self-addressed stamped envelopes. If you request oral argument on a motion, please note your request in the caption of the motion. The court will allow for Response and Reply time and then determine whether the matter will be set for oral argument or evidentiary hearing. If you are filing a Motion to Continue, please indicate the opposing party's position; if the task is unable to be completed due to an inability to contact the opposing party, please describe the attempt made.  
 
All motions should be made in writing. The Court will not likely consider a contested motion unless all parties have been provided an opportunity to respond in writing.  
 
Please let the Court know if you did not get a ruling on a motion you filed either by addressing it in open court or by contacting the Judicial Assistant. The paper filing system is not perfect, and sometimes motions are not delivered to the division and there is no way of knowing that a motion was filed if we do not receive it. The Court welcomes a call to the Judicial Assistant to ask why you have not yet received a ruling. Judge Beresky's practice is to rule quickly, so please also do not hesitate to call the Judicial Assistant if you do not receive a ruling within a reasonable period of time.  
 
If you are filing a motion which is time sensitive or truly requires emergency or expedited consideration, you must include the phrase "expedited consideration requested" to the right of the caption, and you must state in the motion the basis for your request for expedited relief. Please do not request expedited relief unless there is a genuine need for an expedited ruling. Generally, Judge Beresky will separately rule on the request to expedite by setting an expedited date for responses by Minute Entry Order, and then will rule once response date expires.  

Trial Practice and Protocol

Trial Schedule

Please provide the court with proposed questions for a digital questionnaire at the final trial management conference. If a party is submitting numerous questions, Judge Beresky requests that the questions are forwarded to his Judicial Assistant electronically.

Trial Practice and Procedure

A separate bench copy of exhibits is not necessary. All exhibits should be timely provided to the court clerk.  
 
Judge Beresky permits a bench memorandum outlining any evidentiary issues; however, a bench memorandum is not a replacement for a motion in limine. Please do not file motions in limine that simply ask the court to comply with the Rules of Evidence, e.g., a motion in limine requesting that the court exclude impermissible, self-serving hearsay with no applicable exception or exemption.  
 
Judge Beresky does not permit speaking objections in the presence of the jury. You may state the word “objection” and state the legal basis by citing the relevant rule, e.g., “Objection, Rule 403.” If the Judge requires additional argument or explanation, he will ask the lawyers to approach or excuse the jury. Either side may object to a nonresponsive answer and or request that the court strike an objectionable answer.  
 
Judge Beresky expects counsel to try to stipulate to non-contested issues. He would appreciate citations to authorities if they are being relied upon in oral arguments.  
 
Be on time for trial. Judge Beresky views the jurors' time as valuable and doesn't want to keep juries waiting.  
 
If any party anticipates a safety issue, please notify Judge Beresky or his Judicial Assistant at the earliest opportunity.