Judge Jeffrey S. White
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
All filings
- 1 copy • Hand Delivery • On First Day Of Trial
Binding: Three Ring Binder
Courtesy copies
- 1 copy
- Chambers Drop Off
- Chambers Drop Off • With Filing Of Objections List
Motion In Limine, Opposition
- 1 copy
Adjournments
- Opening briefs due at least six weeks before claim construction hearing.
- Extrinsic evidence not ordinarily heard; testimony requests due within two weeks of hearing.
- Briefing schedule changes require court leave and good cause, file extension motions before deadline.
- Continuances require a filed request and express court approval; without it, parties must be prepared to proceed.
- Cases cannot be taken off calendar by a joint settlement notice; parties must be prepared to proceed unless a continuance is expressly approved by the Court.
Request must include
- Must give 20 days notice if no agreement reached.
- Deponent has 10 days to counter-propose alternative date within 30 days.
- Documents must be served 30 days before deposition.
Communication
Chambers
Clerk
Phone
Phone
Chambers
Phone
Clerk
Letter via ECF
Chambers
Adversary
In Person
Deponent
Page & Word Limits15 rules
Machine summary. Not checked yet.Mandatory?
The opening and opposition briefs shall not exceed 25 pages; the reply brief shall not exceed 15 pages.
Summary: Opening and opposition briefs limited to 25 pages; reply brief limited to 15 pages.
Claim Construction Brief
25 pages
Applies to: Attorney
15 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Claim construction hearings will take place one week following tutorials. Claim construction hearings generally will be scheduled for no longer than two hours on
Summary: Claim construction hearings scheduled one week after tutorials, limited to two hours.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
Each side will be permitted 45-60 minutes to present a short summary and explanation of the technology at issue.
Summary: Each side gets 45-60 minutes for technology tutorial presentation.
Structured details unavailable. See the source text.
Machine summary. Not checked yet.Mandatory?
Except for motions for summary judgment and claim construction briefs, all briefs, whether in support of, in opposition to, or in reply to any motio may not exceed fifteen (15) pages in length.
Summary: Briefs limited to 15 pages except for summary judgment and claim construction motions.
Brief
15 pages
Machine summary. Not checked yet.Mandatory?
All issues shall be contained within one motion, shall not exceed twenty-five (25) pages in length, and shall conform with Civil Local Rule 7-2.
Summary: Motions for summary judgment limited to 25 pages.
Motion For Summary Judgment
25 pages
Machine summary. Not checked yet.Mandatory?
After the parties have met and conferred, the parties shall prepare a joint letter brief of not more than eight (8) pages explaining the dispute. Up to twelve (12) pages of attachments may be added.
Summary: Discovery disputes require joint letter brief (max 8 pages) with up to 12 pages of attachments.
Discovery Letter Brief
8 pages
Machine summary. Not checked yet.Mandatory?
A trial brief not to exceed ten (10) pages on any controlling issues of law.
Summary: Trial brief limited to 10 pages.
Trial Brief
10 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Each motion in limine should address a single, separate topic, and contain no more than seven pages of briefing per side.
Summary: Each motion in limine and opposition is limited to 7 pages.
Motion In Limine
7 pages
Applies to: Attorney
Opposition
7 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
A trial brief not to exceed ten (10) pages on any controlling issues of law.
Summary: Trial brief limited to 10 pages.
Trial Brief
10 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Each motion in limine should address a single, separate topic, and contain no more than seven (7) pages of briefing per side.
Summary: Each motion in limine limited to 7 pages of briefing per side.
Motion In Limine
7 pages
Applies to: Attorney
Machine summary. Not checked yet.Mandatory?
Ordinarily, the Court shall set fixed time limits at the final pretrial conference. All of counsels' examination time (whether direct, cross, re-direct or re-cross) for all witnesses must fit within the time limits and may be allocated as counsel wish. The time limits for opening statements and closing arguments shall be considered separately. Counsel must keep track of everyone's usage. At the end of each day, counsel must confer over the time used and the time remaining for all parties and advise the Court daily. If a party requests a side bar to argue and objection, and the Court overrules that party's objection, the Court may charge the time spent at side bar to that party.
Summary: The Court sets fixed time limits at the final pretrial conference; counsel must track and report time usage daily, and side bar time may be charged to the requesting party if the objection is overruled.
Trial Time
Machine summary. Not checked yet.Important?
Unless the case is extremely complex, this statement should not exceed one page.
Summary: Simplified statement of the case for jury should not exceed one page.
Simplified Statement Of Case
1 pages
Machine summary. Not checked yet.Important?
A trial brief not to exceed ten pages on any controlling issues of law.
Summary: Trial brief limited to 10 pages.
Trial Brief
10 pages
Machine summary. Not checked yet.Important?
Each motion in limine should address a single, separate topic, and contain no more than seven pages of briefing per side.
Summary: Each motion in limine is limited to 7 pages of briefing per side.
Motion In Limine
7 pages
Machine summary. Not checked yet.Important?
Unless the case is extremely complex, this statement should not exceed one page.
Summary: Simplified statement of the case should not exceed one page unless extremely complex.
Simplified Statement Of Case
1 pages
Applies to: Attorney
Document Format Requirements9 rules
Machine summary. Not checked yet.Mandatory?
The joint proposed final pretrial order, the jury instructions, proposed voir dire, the statement of the case, objections to exhibits, and any proposed special verdict forms, shall be submitted to chambers in Microsoft Word format via email to jswpo@cand.uscourts.gov, as well as in hard copies.
Summary: Pretrial submissions must be in Microsoft Word format and emailed to chambers, with hard copies also required.
DOCX
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All written text, including footnotes and quotations, must conform with the requirements of Civil Local Rule 3-4(c)(2).
Summary: Written text must conform to Civil Local Rule 3-4(c)(2) requirements.
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Use numbers only, not letters, for exhibits, preferably the same numbers as were used in depositions. ... all exhibits shall be marked and referred to as 'Trial Exhibit No. ,' not as 'Plaintiff's Exhibit' or 'Defendant's Exhibit.'
Summary: Exhibits must be numbered with numbers only and referred to as 'Trial Exhibit No.' rather than party-specific names.
Machine summary. Not checked yet.Mandatory?
Exhibits must be labeled in the lower right-hand corner with the exhibit number in a prominent, bold typeface.
Machine summary. Not checked yet.Mandatory?
The proposed findings of fact and conclusions of law, the joint proposed final pretrial order, and objections to exhibits required by paragraph 2(e) of this Order, shall be submitted to chambers in Microsoft Word via email to jswpo@cand.uscourts.gov, as well as in hard copies. All hard-copy submissions should be submitted in a binder to the Clerk’s office in an envelope clearly marked with the case number and “JSW chambers copies.”
Summary: Proposed findings, joint pretrial order, and exhibit objections must be submitted via email (Word) to chambers and hard copy in binder to Clerk's office with marking.
DOCX
Machine summary. Not checked yet.Important?
shall be submitted to chambers in Microsoft Word format via email to jswpo@cand.uscourts.gov
Summary: Pretrial documents must be in Microsoft Word format.
DOCX
Machine summary. Not checked yet.Important?
Exhibit notebooks for the jury will not be permitted.
Summary: Exhibit notebooks for the jury are prohibited.
Machine summary. Not checked yet.Important?
All chambers copies must be securely bound at the top or on the side, either with staples, “ACCO” fasteners, or velo-binding, or shall be submitted in binders. Binder clips, paper clips, and rubber bands will not satisfy this requirement. If a particular motion, declaration or other submission is more than two inches thick, the parties should submit the chambers copies of the document in multiple volumes that do not exceed two inches. When a declaration or other document includes exhibits, parties shall submit chambers copies of the documents which include tabs that separate each exhibit.
Summary: Chambers copies must be securely bound (staples, ACCO fasteners, velo-binding, or binders); volumes over two inches must be split; exhibits must be tabbed.
Machine summary. Not checked yet.Note?
Publication must be by sharing electronic exhibits to the Courtroom monitors, poster blow-up, or such other method as the Court allows.
Summary: Exhibits must be published to the jury via electronic monitors, poster blow-ups, or other court-approved methods.
Document Filing Requirements48 rules
Machine summary. Not checked yet.Mandatory?
Claim construction briefs shall address each disputed term, but only those that are truly disputed, following the order of the joint statement.
Summary: Claim construction briefs must address only truly disputed terms in joint statement order.
Document Type
Claim Construction Brief
Machine summary. Not checked yet.Mandatory?
At the time of filing the reply briefs, the parties shall file an amended, final joint claim construction statement, including only the remaining disputed terms, phrases, and clauses.
Summary: Amended final joint claim construction statement required when filing reply briefs.
Document Type
Reply Brief
Machine summary. Not checked yet.Mandatory?
Demonstrative exhibits and visual aids are permissible at the hearing as long as they are based on information contained in the papers already filed. Counsel shall exchange copies of exhibits no later than forty-eight hours prior to the hearing.
Summary: Demonstrative exhibits permitted if based on filed papers; exhibits exchanged 48 hours before hearing.
Document Type
Claim Construction Hearing
Machine summary. Not checked yet.Mandatory?
All stipulated protective orders and filings shall comply with Civil Local Rule 79-5.
Summary: Protective orders must comply with Civil Local Rule 79-5.
Document Type
Protective Order
Machine summary. Not checked yet.Mandatory?
In lieu of preparing a joint pretrial conference statement, the parties shall meet and confer in person and prepare a jointly signed proposed final pretrial order fourteen (14) days in advance of the Final Pretrial Conference. In addition to the matters set forth in Northern District Criminal Local Rule 17.1-1(b), this joint pretrial conference order should contain: (i) a brief description of the substance of the case; (ii) if appropriate, all stipulated facts; (iii) a joint exhibit list in numerical order, including a brief description of the exhibit and Bates numbers, a blank column for when it will be offered into evidence, a blank column for when it may be received into evidence, and a blank column for any limitations on its use; and (iv) each party’s separate witness list for its case-in-chief witnesses (see N.D. Crim. L.R. 17.1-1(b)(9)). Items (ii) and (iii) should be appendices to the proposed order. The proposed order should also state which issues, if any, are for the Court to decide, rather than the jury.
Summary: Parties must meet and confer and file a proposed final pretrial order 14 days before the Final Pretrial Conference, containing case description, stipulated facts, joint exhibit list, witness lists, and issues for the Court.
Document Type
Proposed Final Pretrial Order
Machine summary. Not checked yet.Mandatory?
If a defendant files an ex parte application for document subpoena(s), pursuant to Federal Rule of Criminal Procedure 17(c), the defendant is required to demonstrate that proceeding ex parte is “necessary to preserve the defendant’s overriding constitutional rights” because to do otherwise would “reveal[] his trial strategy.” See United States v. Tomison, 969 F. Supp. 587, 595 (E.D. Cal. 1997). In addition, the defendant is required to show that the information sought is: (1) relevant; (2) admissible; and (3) specifically identified. United States v. Nixon, 418 U.S. 683, 700 (1974). If the defendant seeks production in advance of trial, they are required to demonstrate good cause for advance production. See id. If the defendant is able to make the requisite showing above, Rule 17(c) requires production of the documents to the Court, not to the defendant. The Court will review the materials to determine whether they are responsive to the subpoena(s). Following the Court’s determination, both parties will be entitled to inspect the responsive materials unless defendant is able to demonstrate an overriding need for confidentiality. See Tomison, 969 F. Supp. at 597. The Court will deny any application that does not meet the required showing, and it will indicate if the ruling is with or without prejudice to renewing the request.
Summary: Ex parte Rule 17(c) subpoena applications must demonstrate necessity for ex parte proceedings, relevance, admissibility, specific identification, and good cause for advance production; documents produced to Court first.
Document Type
Ex Parte Application
Machine summary. Not checked yet.Mandatory?
Joint case management statements are required and must be filed seven (7) days in advance of the case management conference date.
Summary: Joint case management statements required 7 days before conference.
Document Type
Case Management Statement
Machine summary. Not checked yet.Mandatory?
All declarations shall be filed as separate documents.
Summary: Declarations must be filed as separate documents.
Document Type
Declaration
Machine summary. Not checked yet.Mandatory?
Except for objections to requests for judicial notice or evidence submitted with a reply brief, all evidentiary objections to evidence submitted shall be contained in the parties' briefs.
Summary: Evidentiary objections must be in briefs except for judicial notice or reply brief evidence.
Document Type
Brief
Machine summary. Not checked yet.Mandatory?
A word version of the proposed order should be sent to jswpo@cand.uscourts.gov.
Summary: Word version of proposed order must be emailed to jswpo@cand.uscourts.gov.
Document Type
Proposed Order
Machine summary. Not checked yet.Mandatory?
Each party filing or opposing a motion shall also electronically file and serve a proposed order that sets forth the relief or action sought and a short statement of the rationale of decision, including citation of authority, that the party requests the Court to adopt.
Summary: Proposed order required with each motion.
Document Type
Motion
Machine summary. Not checked yet.Mandatory?
Plaintiff (or in the case of removed cases, any removing defendant) is directed to serve copies of these standing orders at once upon all parties to their action, and upon those subsequently joined, in accordance with the provisions of Federal Rules of Civil Procedure, Rules 4 and 5, and to file with the Clerk of the Court a certificate reflecting such service, in accordance with Civil Local Rule 5-6(a).
Summary: Standing orders must be served on all parties and certificate of service filed.
Document Type
Standing Orders
Machine summary. Not checked yet.Mandatory?
A person may instruct a deponent not to answer a question only when necessary to preserve a privilege, to enforce a limitation directed by the Court, or to present a motion under Federal Rule of Civil Procedure 30(d)(3).
Summary: Instructions not to answer limited to privilege, court order, or Rule 30(d)(3) motion.
Document Type
Deposition
Machine summary. Not checked yet.Mandatory?
Counsel shall comply with Federal Rule of Civil Procedure 30(c)(2). Deposition objections may be made as to privilege or may be made only where required in order to preserve the objection.
Summary: Objections limited to privilege or preservation of objection.
Document Type
Deposition
Machine summary. Not checked yet.Mandatory?
Extra copies of documents used during the deposition should ordinarily be provided to opposing counsel and the deponent.
Summary: Extra copies of documents must be provided to opposing counsel and deponent.
Document Type
Deposition
Machine summary. Not checked yet.Mandatory?
Documents shall be referred to by the Bates-stamp number assigned by the document depository.
Summary: Documents must be referred to by Bates-stamp number.
Document Type
Deposition
Machine summary. Not checked yet.Mandatory?
Speaking objections or those calculated to coach the deponent are prohibited.
Summary: Speaking objections and coaching prohibited.
Document Type
Deposition
Machine summary. Not checked yet.Mandatory?
Deponents should be shown a document before being examined about it except when counsel seek to impeach or test the deponent's recollection.
Summary: Deponents must be shown documents before examination, except for impeachment.
Document Type
Deposition
Machine summary. Not checked yet.Mandatory?
This joint pretrial conference order should contain: (i) a brief description of the substance of claims and defenses which remain to be decided; (ii) a statement of all relief sought; (iii) all stipulated facts; (iv) a list of all factual issues that remain to be tried, organized by claims; (v) a joint exhibit list in numerical order, including a brief description of the exhibit and Bates numbers, a blank column for when it will be offered into evidence, a blank column for when it may be received into evidence, and a blank column for any limitations on its use; and (vi) each party's separate witness list for its case-in-chief witnesses (including those appearing by deposition) providing, for all such witnesses other than an individual plaintiff and an individual defendant, a short statement of the substance of his/her testimony and, separately, what, if any, non-cumulative testimony the witness will offer. If non-cumulative testimony is not detailed, the Court will presume the witness is cumulative. For each witness, state an hour/minute time estimate for direct and for cross examination. The Court uses this information to estimate the time limits to be allocated for trial. Items (v) and (vi) should be appendices to the proposed order. The proposed order should also state which issues, if any, are for the Court to decide, rather than the jury.
Summary: Proposed final pretrial order must contain specific content including claims, relief, stipulated facts, factual issues, exhibit list, witness list, and issues for court vs. jury.
Document Type
Proposed Final Pretrial Order
Machine summary. Not checked yet.Mandatory?
A joint set of proposed instructions on substantive issues of law arranged in a logical sequence. If undisputed, an instruction shall be identified as 'Stipulated Instruction No. __ Re __.' If a model instruction includes bracketed language or blanks, the parties must provide the Court with the appropriate language from the brackets and the blanks shall be completed. Even if stipulated, the instruction shall be supported by citation. If disputed, each version of the instruction shall be submitted together in their logical place in the overall sequence. Each such disputed instruction shall be identified as, for example, 'Disputed Instruction No. __ Re __ Offered by __:' with all blanks or bracketed language filled in as appropriate. All disputed versions of the same basic instruction shall bear the same number. Citations with pin cites are required. If the parties modify a form instruction, they must clearly identify those modifications in bold font or in italics. If a party does not have a counter version and simply contends that no such instruction in any version should be given, then that party should so state (and explain why in the separate memoranda required by paragraph 2(b)) on a separate page inserted in lieu of an alternate version.
Summary: Joint proposed jury instructions must follow specific formatting and identification rules for stipulated and disputed instructions.
Document Type
Proposed Jury Instructions
Machine summary. Not checked yet.Mandatory?
To the extent they are unable to resolve their disputes, the Court requires complete briefing on disputed instructions. Thus, a party supporting an instruction must submit a separate memorandum of law in support of its disputed instructions, organized by instruction number. Counsel shall quote exact, controlling passages from the authorities. The party opposing a given instruction, or instructions, must include a responsive brief to the supporting party's memorandum, organized by instruction number and also shall quote exact, controlling passages from the authorities.
Summary: Disputed jury instructions require a supporting memorandum and a responsive brief, both organized by instruction number and quoting controlling authorities.
Document Type
Disputed Instruction Memorandum
Machine summary. Not checked yet.Mandatory?
A joint set of proposed voir dire questions supplemented only if necessary by separate requests and for good cause shown.
Summary: Joint proposed voir dire questions must be filed; separate requests only for good cause.
Document Type
Proposed Voir Dire Questions
Machine summary. Not checked yet.Mandatory?
Excerpts of responses to interrogatories and requests for admissions that are to be used in a party's case-in-chief as to which there are objections. The parties should include with these excerpts the basis for the objection and the response thereto. If the parties do not have objections to responses to interrogatories or requests for admissions, they should follow the procedures set forth in Paragraph 30.
Summary: Interrogatory and admission responses with objections must be filed as excerpts with basis for objection and response.
Document Type
Interrogatory Admission Excerpts With Objections
Machine summary. Not checked yet.Mandatory?
Excerpts of any deposition designations that are to be used in a parties' case-in-chief as to which there are objections. The parties should include with these excerpts the basis for the objection and the response thereto. If the parties do not have objections to deposition designations, they should follow the procedures set forth in Paragraph 29.
Summary: Deposition designations with objections must be filed as excerpts with basis for objection and response.
Document Type
Deposition Excerpts With Objections
Machine summary. Not checked yet.Mandatory?
Before the case goes to the jury, counsel shall prepare an easy-to-read index of admitted exhibits, which should include all exhibits actually in evidence (and no others) stating the exhibit number and a brief, non-argumentative description.
Summary: Counsel must prepare an index of admitted exhibits with exhibit numbers and brief descriptions before the case goes to the jury.
Document Type
Exhibit Index
Machine summary. Not checked yet.Mandatory?
If the parties are requesting relief from the Court, they must electronically file a proposed order with the request.
Summary: A proposed order must be electronically filed with any request for relief.
Document Type
Request For Relief
Machine summary. Not checked yet.Mandatory?
This joint pretrial conference order should contain: (i) a brief description of the substance of claims and defenses which remain to be decided; (ii) a statement of all relief sought; (iii) all stipulated facts; (iv) a list of all factual issues that remain to be tried, stating the issues and organized by claims; (v) a joint exhibit list in numerical order, including a brief description of the exhibit and Bates numbers, a blank column for when it will be offered into evidence, a blank column for when it may be received into evidence, and a blank column for any limitations on its use; and (vi) each party’s separate witness list for its case-in-chief witnesses (including those appearing by deposition) providing, for all such witnesses other than an individual plaintiff and an individual defendant, a short statement of the substance of his/her testimony and, separately, what, if any, non-cumulative testimony the witness will offer.
Summary: Proposed final pretrial order must contain specific content: description of claims/defenses, relief sought, stipulated facts, factual issues, joint exhibit list, and witness lists with time estimates.
Document Type
Proposed Final Pretrial Order
Machine summary. Not checked yet.Mandatory?
In general, the Court requires one set of bench binders that contain copies of the exhibits. Counsel shall provide these binders to the Court on the first day of trial. Each exhibit must be separated with a label divider. In large letters, the labels should identify the range of exhibit numbers contained in a binder.
Summary: Counsel must provide one set of bench binders with labeled exhibit dividers to the Court on the first day of trial.
Document Type
Bench Binder
Machine summary. Not checked yet.Mandatory?
Before the closing arguments, counsel must confer with the deputy clerk to make sure the exhibits in evidence are in good order. Before the case goes to the Court, counsel shall prepare an easy to read index of admitted exhibits, which should include all exhibits actually in evidence (and no others) stating the exhibit number and a brief, non-argumentative description (e.g., letter from A. B. Case to D. E. Frank, dated August 17, 1999).
Summary: Before closing arguments, counsel must confer with the deputy clerk and prepare an index of admitted exhibits.
Document Type
Exhibit Index
Machine summary. Not checked yet.Mandatory?
If the parties are requesting relief from the Court, they must electronically file a proposed order with the request.
Summary: Parties requesting relief must electronically file a proposed order with the request.
Document Type
Motion
Machine summary. Not checked yet.Important?
All motions and oppositions to motions shall comply with Criminal Local Rule 47-2(b), which requires that motions “presenting issues of fact ... be supported by affidavits or declarations which comply with the requirements of Civil Local Rule 7-5.” Civil Local Rule 7-5, in turn, requires that “[f]actual contentions made in support of or in opposition to any motion must be supported by an affidavit or declaration and by appropriate references to the record.” Moreover, other evidence in support of or in opposition to any motion “must be appropriately authenticated by an affidavit or declaration.” That rule further requires that affidavits and declarations contain factual contentions only, avoiding conclusions and legal argument, and “conform as much as possible to the requirements of Federal Rule of Civil Procedure 56(e).” In accordance with Civil Local Rule 7-5, made applicable by Criminal Local Rule 47-2(b), any declaration or affidavit that does not comply with these requirements may be stricken.
Summary: Motions and oppositions must support factual contentions with affidavits/declarations; declarations must avoid legal argument; non-compliance may result in striking.
Document Type
Motion
Machine summary. Not checked yet.Important?
The Court does not permit reply briefs.
Summary: Reply briefs are not permitted for motions in limine.
Document Type
Reply Brief
Machine summary. Not checked yet.Important?
Separate statements of undisputed facts will not be considered by the Court.
Summary: Separate statements of undisputed facts will not be considered.
Document Type
Motion For Summary Judgment
Machine summary. Not checked yet.Important?
A simplified statement of the case to be read to the jury during voir dire and as part of the proposed jury instructions. Unless the case is extremely complex, this statement should not exceed one page.
Summary: A simplified statement of the case must be filed; it should not exceed one page unless extremely complex.
Document Type
Simplified Statement Of Case
Machine summary. Not checked yet.Important?
A list of objections to each exhibit, in tabular form. The first column should describe the exhibit, the second column should set briefly set forth the basis of the objection, the third column should set forth a brief response thereto, and the fourth column should provide a space for the Court's ruling.
Summary: Pretrial order must include a tabular list of exhibit objections with columns for description, basis, response, and court ruling.
Document Type
Pretrial Order
Machine summary. Not checked yet.Important?
Local Rule 40-1 provides that jury costs may be assessed as sanctions for failure to provide the Court with timely written notice of a settlement.
Summary: Failure to provide timely written notice of a settlement may result in jury cost sanctions.
Document Type
Settlement Notice
Machine summary. Not checked yet.Important?
An application for Entry of Plea (available at https://www.cand.uscourts.gov/criminalforms) is required only for open pleas.
Summary: An Application for Entry of Plea is required only for open pleas (not plea agreements).
Document Type
Change Of Plea
Machine summary. Not checked yet.Important?
A list of objections to each exhibit, in tabular form. The first column should describe the exhibit, the second column should briefly set forth the basis of the objection, the third column should set forth a brief response thereto, and the fourth column should provide a space for the Court’s ruling.
Summary: Exhibit objections list must be in tabular form with four columns: exhibit description, basis of objection, response, and space for court ruling.
Document Type
Exhibit Objections List
Machine summary. Not checked yet.Important?
An application for Entry of Plea (available at https://www.cand.uscourts.gov/criminalforms) is required only for open pleas.
Summary: An Application for Entry of Plea is required only for open pleas.
Document Type
Application To Enter Plea
Machine summary. Not checked yet.Note?
The Court prefers that someone other than counsel make the presentation.
Summary: Court prefers non-counsel presenter for technology tutorials.
Document Type
Tutorial Presentation
Machine summary. Not checked yet.Note?
Visual aids are encouraged.
Summary: Visual aids encouraged for technology tutorials.
Document Type
Tutorial Presentation
Machine summary. Not checked yet.Note?
a party supporting an instruction must submit a separate memorandum of law in support of its disputed instructions, organized by instruction number. ... The party opposing a given instruction or instructions must include a responsive brief to the supporting party's memorandum, organized by instruction number
Summary: Parties must submit separate memoranda for disputed jury instructions, organized by instruction number.
Document Type
Disputed Instructions Memorandum
Machine summary. Not checked yet.Note?
Each motion should be presented in a separate memo and properly identified, for example, 'Plaintiff's Motion in Limine No. 1 to Exclude...'
Summary: Each motion in limine must be in a separate memo with proper identification.
Document Type
Motion In Limine
Machine summary. Not checked yet.Note?
A list of objections to each exhibit, in tabular form. The first column should describe the exhibit, the second column should set briefly set forth the basis of the objection, and the third column should set forth a brief response thereto.
Summary: Exhibit objections must be filed in tabular form with specific columns.
Document Type
Exhibit Objections List
Machine summary. Not checked yet.Note?
Joint statements of undisputed facts are not required but are helpful if completely agreed upon.
Summary: Joint statements of undisputed facts are optional but helpful if agreed upon.
Document Type
Motion For Summary Judgment
Machine summary. Not checked yet.Note?
Each motion should be presented in a separate memo and properly identified, for example, 'Plaintiffs Motion in Limine No. | to Exclude... .'
Summary: Each motion in limine must be in a separate memo and properly identified with a number.
Document Type
Motion In Limine
Filing & Service rules
Electronic Filing Rules
Parties must email full text of preliminary, general, and concluding jury instructions in Microsoft Word format to jswpo@cand.uscourts.gov.
the parties shall include the full text of these instructions in the email of Microsoft Word documents to jswpo@cand.uscourts.gov required by this Order.
Machine summary. Not checked yet. · Criminal cases
Page 3 | 6(b)
Filing Timing and Cure Windows
Sentencing Memoranda must be filed 7 calendar days before sentencing.
If a party chooses to submit a Sentencing Memorandum to the Court, it must be filed at least seven (7) calendar days before the date on which Judgment and Sentencing is scheduled.
Machine summary. Not checked yet. · Criminal cases
Page 1 | MOTIONS
Responses to Sentencing Memoranda must be filed 5 calendar days before sentencing.
Responses to Sentencing Memoranda shall be filed at least five (5) calendar days before the date on which Judgment and Sentencing is scheduled.
Machine summary. Not checked yet. · Criminal cases
Page 1 | MOTIONS
Proposed final pretrial order must be filed 14 days before the Final Pretrial Conference.
the parties shall meet and confer in person and prepare a jointly signed proposed final pretrial order fourteen (14) days in advance of the Final Pretrial Conference.
Machine summary. Not checked yet. · Criminal cases
Page 2 | FINAL PRETRIAL CONFERENCE
Joint pretrial order must be filed 14 days before Final Pretrial Conference.
the joint pretrial conference order, which shall be filed fourteen (14) days in advance of the Final Pretrial Conference
Machine summary. Not checked yet. · Criminal cases
Page 3 | 6
Motions in limine and oppositions must be filed 14 calendar days before Final Pretrial Conference.
The motions in limine and all oppositions thereto must be filed no later than fourteen (14) calendar days prior to the Final Pretrial Conference
Machine summary. Not checked yet. · Criminal cases
Page 4 | 6(g)
Parties must file all trial exhibits within ten days of the verdict and meet and confer to coordinate filing.
Criminal Local Rule 55-1 adopts Civil Local Rule 5-1(g), which requires the parties to file all exhibits offered during trial within ten days of a trial verdict. The parties must meet and confer to coordinate filing the exhibits in compliance with this Rule.
Machine summary. Not checked yet. · Criminal cases
Page 9 | POST-TRIAL
Additional pretrial materials (instructions, trial brief, etc.) must be filed 14 days before the final pretrial conference.
In addition to the joint pretrial order, fourteen (14) days in advance of the final pretrial conference, the parties shall file the following materials:
Machine summary. Not checked yet. · Civil cases
Page 1 | FINAL PRETRIAL CONFERENCE PROCEDURES AND REQUIRED FILINGS
Proposed final pretrial order must be filed 14 calendar days before the final pretrial conference.
the parties shall meet and confer in person and prepare a jointly signed proposed final pretrial order to be filed fourteen (14) calendar days in advance of the final pretrial conference.
Machine summary. Not checked yet. · Civil cases
Page 1 | FINAL PRETRIAL CONFERENCE PROCEDURES AND REQUIRED FILINGS
Motions in limine and oppositions must be filed 14 calendar days before the Final Pretrial Conference.
The motions in limine and all oppositions thereto must be filed no later than fourteen (14) calendar days prior to the Final Pretrial Conference
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Page 3 | Motions in Limine
All trial exhibits must be filed within ten days of verdict; parties must meet and confer to coordinate.
Civil Local Rule 5-1(g) requires the parties to file all exhibits offered during trial within ten days of a trial verdict. The parties must meet and confer to coordinate filing the exhibits in compliance with this Rule.
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Page 11 | POST-TRIAL
Responses to sentencing motions must be filed at least 5 calendar days before sentencing.
Responses or objections to motions relating to sentencing shall be filed at least five (5) calendar days before the date on which Judgment and Sentencing is scheduled.
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Page 2 | Motions and Sentencing Memoranda
Proposed plea agreement or application must be submitted by 9:00 a.m. the Friday before the change of plea hearing.
If the plea is being entered pursuant to a plea agreement, the parties shall submit the proposed Plea Agreement or the Application to Enter a Guilty Plea to Judge White by no later than 9:00 a.m. the Friday prior to the change of plea hearing.
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Page 2 | Change of Plea
Opposition briefs must be filed within 14 days after the motion is filed.
Opposition briefs shall be filed and served not more than fourteen (14) days after the motion is filed and served.
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Page 2 | Motions and Sentencing Memoranda
Sentencing motions must be filed at least 7 calendar days before sentencing.
Motions for or relating to sentencing shall be filed at least seven (7) calendar days before the date on which Judgment and Sentencing is scheduled.
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Page 2 | Motions and Sentencing Memoranda
Motions (except sentencing and in limine) must be filed at least 35 days before the hearing.
All motions, except those pertaining to sentencing or motions in limine, shall be filed at least thirty-five (35) days in advance of the hearing date.
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Page 2 | Motions and Sentencing Memoranda
Reply briefs must be filed within 7 days after the opposition deadline.
Reply briefs shall be filed and served not more than seven (7) days after the opposition is due.
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Page 2 | Motions and Sentencing Memoranda
Proposed findings of fact and conclusions of law, trial brief, deposition excerpts, interrogatory excerpts, and exhibit objections list must be filed 14 calendar days before the final pretrial conference.
In addition to the joint pretrial order, fourteen (14) days in advance of the final pretrial conference, the parties shall file the following materials: a) Proposed findings of fact and conclusions of law. b) A trial brief not to exceed ten (10) pages on any controlling issues of law. c) Excerpts of any deposition designations that are to be used in a parties’ case in chief as to which there are objections. d) Excerpts of responses to interrogatories and requests for admissions that are to be used in a party’s case-in-chief as to which there are objections. e) A list of objections to each exhibit, in tabular form.
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Page 1 | FINAL PRETRIAL CONFERENCE AND REQUIRED FILINGS
Proposed final pretrial order must be filed 14 calendar days before the final pretrial conference.
the parties shall meet and confer in person and prepare a jointly signed proposed final pretrial order to be filed fourteen (14) calendar days in advance of the final pretrial conference.
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Page 1 | FINAL PRETRIAL CONFERENCE AND REQUIRED FILINGS
Motions in limine and oppositions must be filed 14 calendar days before the final pretrial conference.
The motions in limine and all oppositions thereto must be filed no later than fourteen (14) calendar days prior to the Final Pretrial Conference
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Page 2 | FINAL PRETRIAL CONFERENCE AND REQUIRED FILINGS
Responses to Sentencing Memoranda must be filed at least 5 calendar days before Judgment and Sentencing.
Responses to Sentencing Memoranda shall be filed at least five (5) calendar days before the date on which Judgment and Sentencing is scheduled.
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Page 2 | Motions
Motions for or relating to sentencing must be filed at least 7 calendar days before Judgment and Sentencing.
Motions for or relating to sentencing shall be filed at least seven (7) calendar days before the date on which Judgment and Sentencing is scheduled.
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Page 2 | Motions
Opposition briefs must be filed and served no more than 14 days after the motion is filed and served.
Opposition briefs shall be filed and served not more than fourteen (14) days after the motion is filed and served.
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Page 2 | Motions
Responses or objections to sentencing motions must be filed at least 5 calendar days before Judgment and Sentencing.
Responses or objections to motions relating to sentencing shall be filed at least five (5) calendar days before the date on which Judgment and Sentencing is scheduled.
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Page 2 | Motions
Reply briefs must be filed and served no more than 7 days after the opposition is due.
Reply briefs shall be filed and served not more than seven (7) days after the opposition is due.
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Page 2 | Motions
Proposed Plea Agreement or Application to Enter a Guilty Plea must be submitted to Judge White by 9:00 a.m. the Friday before the change of plea hearing.
If the plea is being entered pursuant to a plea agreement, the parties shall submit the proposed Plea Agreement or the Application to Enter a Guilty Plea to Judge White by no later than 9:00 a.m. the Friday prior to the change of plea hearing.
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Page 2 | Change of Plea
Motions, including sentencing or motions in limine, must be filed at least 35 days before the hearing.
sentencing or motions in limine, shall be filed at least thirty-five (35) days in advance of the hearing date.
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Page 2 | Motions
Sentencing Memoranda, if submitted, must be filed at least 7 calendar days before Judgment and Sentencing.
If a party chooses to submit a Sentencing Memorandum to the Court, it must be filed at least seven (7) calendar days before the date on which Judgment and Sentencing is scheduled.
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Page 2 | Motions
Responses to sentencing memoranda must be filed at least 5 calendar days before sentencing.
Responses to Sentencing Memoranda shall be filed at least five (5) calendar days before the date on which Judgment and Sentencing is scheduled.
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Page 2 | Motions and Sentencing Memoranda
Sentencing memoranda, if filed, must be submitted at least 7 calendar days before sentencing.
If a party chooses to submit a Sentencing Memorandum to the Court, it must be filed at least seven (7) calendar days before the date on which Judgment and Sentencing is scheduled.
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Page 2 | Motions and Sentencing Memoranda
Service and Proof of Service Rules
Responding party must serve opposition to motion in limine at least 20 calendar days before the final pretrial conference.
at least twenty (20) days before the Final Pretrial Conference, the responding party shall serve, but not file, the opposition
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Page 2 | FINAL PRETRIAL CONFERENCE AND REQUIRED FILINGS
Moving party must serve opening brief for motion in limine at least 30 calendar days before the final pretrial conference.
at least thirty (30) calendar days before the Final Pretrial Conference, the moving party shall serve, but not file, the opening brief
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Page 2 | FINAL PRETRIAL CONFERENCE AND REQUIRED FILINGS
Moving party serves opening brief 30 days before FPC; responding party serves opposition 20 days before FPC (serve but do not file).
at least thirty (30) calendar days before the Final Pretrial Conference, the moving party shall serve, but not file, the opening brief and at least twenty (20) calendar days before the Final Pretrial Conference, the responding party shall serve, but not file, the opposition.
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Page 4 | 6(g)
Responding party must serve (but not file) the opposition to motions in limine at least 20 calendar days before the Final Pretrial Conference.
at least twenty (20) calendar days before the Final Pretrial Conference, the responding party shall serve, but not file, the opposition
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Page 3 | Motions in Limine
Moving party must serve (but not file) the opening brief for motions in limine at least 30 calendar days before the Final Pretrial Conference.
at least thirty (30) calendar days before the Final Pretrial Conference, the moving party shall serve, but not file, the opening brief
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Page 3 | Motions in Limine
Courtesy Copy Requirements
Courtesy copies of all briefs must be delivered to Clerk's Office, securely bound, with case number and 'JSW Chamber's Copy' marking; if over 2 inches thick, submit in multiple volumes; exhibits must be tabbed.
Courtesy copies of all briefs shall be delivered to the Clerk’s Office in an envelope clearly marked with the case number and “JSW Chamber’s Copy.” All chambers copies must be securely bound at the top or on the side, either with staples, “ACCO” fasteners, velo-binding, or shall be submitted in binders. Binder clips, paper clips, and rubber bands will not satisfy this requirement. If a particular motion, declaration or other submission is more than two inches thick, the parties should submit the chambers copies of the document in multiple volumes that do not exceed two inches. When a declaration or other document includes exhibits, parties shall submit chambers copies of the documents which include tabs that separate each exhibit.
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Page 1 | MOTIONS
Counsel must provide one set of bench binders with copies of exhibits, separated by labeled dividers, to the Court on the first day of trial.
the Court requires one set of bench binders that contain copies of the exhibits. Counsel shall provide these binders to the Court on the first day of trial. Each exhibit must be separated with a label divider. In large letters, the labels should identify the range of exhibit numbers contained in a binder.
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Page 9 | EXHIBITS
Chambers copies must be submitted upon court request with specific binding, thickness, and tabbing requirements; notices of appearance and substitution of counsel are exempt.
If requested by the Court, the parties shall submit a chambers copy of the filing at issue to the Clerk’s Office in an envelope clearly marked with the case name and number, and “JSW Chambers Copy” in the time required by the Northern District Criminal Local Rules. The Court does not require chambers copies of (i) notices of appearance and (ii) substitution of counsel. All chambers copies must be securely bound at the top or on the side, either with staples, “ACCO” fasteners, or velo-binding, or shall be submitted in binders. Binder clips, paper clips, and rubber bands will not satisfy this requirement. If a particular motion, declaration or other submission is more than two inches thick, the parties should submit the chambers copies of the document in multiple volumes that do not exceed two inches. When a declaration or other document includes exhibits, parties shall submit chambers copies of the documents which include tabs that separate each exhibit. The Court reserves the right to reject non-conforming chambers copies and to require the party to re-submit them in accordance with this Standing Order.
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Page 1 | Chambers Copy and Proposed Orders
Oppositions must be submitted to the Clerk's office in an envelope marked with the case number and 'JSW chambers copy'.
oppositions thereto should be submitted to the Clerk’s office in an envelope clearly marked with the case number and “JSW chambers copy.”
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Page 3 | FINAL PRETRIAL CONFERENCE AND REQUIRED FILINGS
A joint binder of collated motions in limine and oppositions must be submitted to Clerk's office marked as chambers copy.
A joint binder shall be submitted to the Clerk's office clearly marked with the case number and 'JSW chambers copy' which contains collated chambers copies of motions in limine and oppositions (i.e. motion in limine 1 followed by opposition to motion in limine 1; motion in limine 2 followed by opposition to motion in limine 2, and so on).
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Page 4 | 6(g)
Parties must submit a joint binder of disputed exhibits and objections to chambers (not filed).
If there are exhibits to which the parties' object, the parties shall submit to chambers, but not file, a joint binder that contains the disputed exhibits and the list of objections.
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Page 4 | 6(f)
Hard copies of pretrial submissions must be delivered in a binder to the Clerk's office, marked with case number and 'JSW chambers copies'.
All hard-copy submissions should be submitted in a binder to the Clerk’s office clearly marked with the case number and “JSW chambers copies.”
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Parties must submit a joint binder of disputed exhibits and objections to chambers (not file).
If there are exhibits to which the parties object, the parties shall submit to chambers, but not file, a joint binder that contains the disputed exhibits and the list of objections.
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Page 3 | h
Parties must submit a joint binder of chambers copies of motions in limine and oppositions to the Clerk's office, marked 'JSW chambers copy'.
A joint binder shall be submitted to the Clerk's office clearly marked with the case number and 'JSW chambers copy' which contains collated chambers copies of motions in limine and oppositions (i.e. motion in limine | followed by opposition to motion in limine 1; motion in limine 2 followed by opposition to motion in limine 2, and so on).
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Page 3 | Motions in Limine
Hard copies of pretrial submissions must be submitted in a binder to the Clerk's office, marked 'JSW chambers copies'.
All hard-copy submissions should be submitted in a binder to the Clerk's office in an envelope clearly marked with the case number and 'JSW chambers copies.'
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If there are disputed exhibits, parties must submit a joint binder with the disputed exhibits and objections list to chambers (not filed on ECF).
If there are exhibits to which the parties’ object, the parties shall submit to chambers, but shall not file, a joint binder that contains the disputed exhibits and the list of objections.
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Page 2 | FINAL PRETRIAL CONFERENCE AND REQUIRED FILINGS
When requested, parties must submit a chambers copy to the Clerk's Office marked 'JSW Chambers Copy'; chambers copies are not required for notices of appearance or substitution of counsel.
If requested by the Court, the parties shall submit a chambers copy of the filing at issue to the Clerk’s Office in an envelope clearly marked with the case name and number, and “JSW Chambers Copy” in the time required by the Northern District Criminal Local Rules. The Court does not require chambers copies of (i) notices of appearance and (ii) substitution of counsel.
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Page 1 | Chambers Copy and Proposed Orders
No chambers copies required for electronically filed materials unless court directs otherwise.
Unless the Court directs otherwise the parties shall not submit chambers copies of materials that are filed electronically. If the parties manually file an item that is contained on some form of electronic media, e.g., a CD-ROM or a thumb drive, they shall provide the Clerk with the original and shall provide the Court with a copy of that electronic media.
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Page 2 | Chambers Copy
Sealing & Redaction Procedures
Unredacted chambers copy with highlighted confidential material required for sealed filings.
Parties shall also submit a complete unredacted chambers copy of any brief or supporting papers lodged under seal with all confidential material highlighted.
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Page 3 | Miscellaneous
Filing Bundling Requirements
Motions in limine and oppositions must be submitted to the Court collated and in a binder.
and shall be submitted to the Court collated and in a binder
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Page 2 | FINAL PRETRIAL CONFERENCE AND REQUIRED FILINGS
Parties may waive transcription/filing of depositions.
The parties and deponents are authorized and encouraged to waive transcription and filing of depositions that prove to be of little or no usefulness in the litigation or to agree to defer transcription and filing until the need for using the deposition arises.
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Pre-Motion Conference Requirements
Sentencing motions must be filed 7 calendar days before sentencing; responses due 5 calendar days before sentencing.
Motions for or relating to sentencing shall be filed at least seven (7) calendar days before the date on which Judgment and Sentencing is scheduled. Responses or objections to motions relating to sentencing shall be filed at least five (5) calendar days before the date on which Judgment and Sentencing is scheduled.
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Page 1 | MOTIONS
Motions (except sentencing) must be filed 35 days before hearing; oppositions due 14 days after motion; replies due 7 days after opposition.
All motions, except those pertaining to sentencing, shall be filed at least thirty-five (35) days in advance of the hearing date. Opposition briefs shall be filed and served not more than fourteen (14) days after the motion is filed and served. Reply briefs shall be filed and served not more than seven (7) days after the opposition is due.
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Page 1 | MOTIONS
Motions in limine procedure: no reply briefs, maximum 5 per side, page limit 7 pages, serve opening 30 days before FPC, opposition 20 days before, file 14 days before.
Any motions in limine, as to which the parties should follow the following procedure: ... Limit motions in limine to circumstances that require an advance ruling. No more than five (5) motions per side will be allowed. ... The Court does not permit reply briefs.
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Page 3 | Motions in Limine
Court will address only one motion for summary judgment per side absent good cause.
Absent of a showing of good cause, the Court will address only one motion for summary judgment per side.
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Page 3 | Motions for Summary Judgment
No prehearing conferences; prehearing issues addressed at tutorial.
The Court does not conduct prehearing conferences. The parties may address any prehearing issues at the tutorial.
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Page 2 | Tutorial and Claim Construction Hearing
Court strongly prefers four-brief schedule for cross-motions for summary judgment.
In the event parties intend to cross-move for summary judgment, the Court strongly prefers a four-brief schedule.
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Page 3 | Motions for Summary Judgment
Adjournment & Extension Requirements
Opening briefs due at least six weeks before claim construction hearing.
Opening briefs in support of claim construction must be filed at least six weeks before the date of the claim construction hearing, and the briefing schedule set forth at Patent Local Rule 4-5 will apply.
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Page 2 | Tutorial and Claim Construction Hearing
Motions to continue non-trial proceedings must be submitted by 9:00 a.m. the day before the proceeding.
Motions or Stipulations to Continue any proceeding on the Court’s criminal calendar, except a trial, shall be submitted to the Court no later than 9:00 a.m. the day before the proceeding is to be heard.
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Page 1 | MOTIONS
Oppositions to motions to continue trial must be filed 5 days before trial.
Any opposition to a motion to continue trial shall be filed no later than five (5) days prior to the trial date.
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Page 1 | MOTIONS
Motions to continue trial must be filed 7 calendar days before trial.
Motions to continue a trial date shall be filed no later than seven (7) calendar days prior to the trial date.
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Page 1 | MOTIONS
Briefing schedule changes require court leave and good cause, file extension motions before deadline.
Briefing schedules may not be changed by stipulation; the parties must obtain leave of court and show good cause for such a request. Parties seeking to enlarge a filing deadline by way of a Motion for Administrative Relief are admonished to file such a motion in advance of the filing deadline, rather than on the day a brief or other matter is due.
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Page 2 | Changes to Court Calendar
Must give 20 days notice if no agreement reached.
Where an agreement cannot be reached and barring exigent circumstances, the party seeking the deposition may notice it at least twenty (20) days in advance.
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Deponent has 10 days to counter-propose alternative date within 30 days.
If the noticed date and place is unacceptable to the deponent or deponent's counsel, the deponent or deponent's counsel shall within ten (10) days of receipt of the notice, reply and counter-propose in writing with an alternative date and place falling within thirty (30) days of the date noticed by the party seeking the deposition.
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Documents must be served 30 days before deposition.
Witnesses subpoenaed to produce documents should ordinarily be served at least 30 days before the scheduled deposition and arrangements should be made to permit inspection of the documents before the deposition commences.
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Continuances require a filed request and express court approval; without it, parties must be prepared to proceed.
Unless and until a stipulated dismissal, judgment, or request for continuance is filed or placed on the record, all parties must be prepared to proceed with the final pretrial conference as scheduled and to proceed to trial on the trial date, or face dismissal of the case for lack of prosecution or entry of default judgment. Only an advance continuance expressly approved by the Court will release counsel and the parties from their obligation to proceed.
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Page 11 | SETTLEMENTS AND CONTINUANCES
Cases cannot be taken off calendar by a joint settlement notice; parties must be prepared to proceed unless a continuance is expressly approved by the Court.
Shortly before trial or the final pretrial conference, counsel occasionally wish jointly to advise the Court or the Courtroom Deputy Clerk that a settlement has been reached and to take the pretrial conference or trial off calendar. Cases cannot be taken off calendar in this manner. Unless and until a stipulated dismissal, judgment, or request to continue is filed or placed on the record, all parties must be prepared to proceed with the final pretrial conference as scheduled and to proceed to trial on the trial date, or face dismissal of the case for lack of prosecution or entry of default judgment. Only an advance continuance expressly approved by the Court will release counsel and the parties from their obligation to proceed. If counsel expect that a settlement will be final by the time of trial or the final pretrial conference, they should notify the Court immediately in writing or, if it occurs over the weekend before the trial or conference, by voice mail to the Courtroom Deputy Clerk. The Court will attempt to confer with counsel as promptly as circumstances permit to determine if a continuance will be in order. Pending such a conference, however, counsel must prepare and make all filings and be prepared to proceed with the trial.
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Page 8 | SETTLEMENTS AND CONTINUANCES
Extrinsic evidence not ordinarily heard; testimony requests due within two weeks of hearing.
The Court will not ordinarily hear extrinsic evidence at the claim construction hearing. Should it become apparent that testimony will be necessary, counsel may submit a request within two weeks of the hearing to seek the Court’s prior approval for such a request.
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Page 2 | Tutorial and Claim Construction Hearing
Chambers Communication Rules
Parties must advise if judge's former firm Orrick Herrington & Sutcliffe served as counsel before January 1, 2003.
The Court particularly requests that all parties determine and advise whether the undersigned judge's former law firm, Orrick, Herrington & Sutcliffe, LLP, served as counsel concerning the matter-in-suit in this action prior to January 1, 2003, the date the undersigned withdrew as a member of the firm.
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Page 1 | STANDING ORDER ON RECUSAL
Recusal concerns must be raised by letter/notice served on all parties no later than 5 court days before first appearance.
If any party believes, after inquiry, that any ground for recusal exists, please bring the facts and circumstances to the Court's attention by letter or notice served on all parties at the earliest possible date, but no later than five (5) court days preceding the parties' first appearance before this Court.
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Page 1 | STANDING ORDER ON RECUSAL
Letters to court prohibited except for discovery disputes or by permission.
With the exception of discovery disputes (see Standing Order ¶ 7) or by permission of the Court, Counsel shall not submit letters to the Court. Any communication with the Court must be on pleading paper, including but not limited to, status reports, requests for continuances, and requests for telephonic appearances.
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Page 2 | Communication with Court
Contact Courtroom Deputy Clerk by phone or email for inquiries, not chambers staff.
Counsel shall not attempt to make contact by telephone or any other ex parte means with the Court or its chambers staff, but may contact the Courtroom Deputy Clerk at (510) 637-3541 or by email at jswcrd@cand.uscourts.gov with appropriate inquiries.
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Page 2 | Communication with Court
Court may be contacted for disputes during deposition.
If a dispute arises during a deposition and involves a persistent obstruction of the deposition or a refusal to answer a material question on the basis of any ground other than privilege or the work product doctrine, counsel may arrange a telephonic conference with he Court through Chambers at (510) 637-1820.
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Private conferences prohibited except for privilege determination.
Private conferences between deponents and their attorneys in the course of deposition are improper and prohibited except for the sole purpose of determining whether a privilege should be asserted.
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Must meet and confer on exhibit numbering system at case outset.
Counsel shall comply strictly with Civil Local Rule 30-2, and, at the outset of the case, shall meet and confer regarding the sequential numbering system that will be used for exhibits throughout the litigation and during trial.
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Must consult with opposing counsel before noticing a deposition.
Absent extraordinary circumstances, before noticing a deposition, the noticing party must consult with opposing counsel and unrepresented proposed deponents to schedule depositions at mutually convenient times and places.
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Court reporter must attend telephonic conference.
Any such conference shall be attended by the court reporter recording the deposition.
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Full text of form preliminary, general, and concluding instructions must be emailed as Word documents to jswpo@cand.uscourts.gov.
Other than citing the numbers, the parties shall not include preliminary, general or concluding instructions in the packet, but they shall include the full text of these instructions in the email of Microsoft Word documents to jswpo@cand.uscourts.gov required by this Order.
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Page 2 | FINAL PRETRIAL CONFERENCE PROCEDURES AND REQUIRED FILINGS
Plea agreement or application must be emailed to jswpo@cand.uscourts.gov and jswerd@cand.uscourts.gov.
Submission shall be made to each of the following email addresses: jswpo@cand.uscourts.gov and jswerd@cand.uscourts.gov.
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Page 2 | Change of Plea
Courtroom Deputy cannot provide status updates on rulings.
The Courtroom Deputy is unable to provide parties with updates regarding the status of rulings. Parties are therefore advised to avoid contacting the Courtroom Deputy to make such inquiries.
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Page 2 | Communication with Court
Counsel must notify the Court in writing immediately if settlement is expected before trial or final pretrial conference.
If counsel expect that a settlement will be final by the time of trial or the final pretrial conference, they should notify the Court immediately in writing or, if it occurs over the weekend before the trial or conference, by voice mail to the Courtroom Deputy Clerk.
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Page 11 | SETTLEMENTS AND CONTINUANCES
Word versions of proposed orders must be emailed to jswpo@cand.uscourts.gov.
The parties must also email Word versions of any proposed orders to jswpo@cand.uscourts.gov.
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Page 1 | Chambers Copy and Proposed Orders
Parties must arrange daily transcript or real-time reporting with Odile Hansen at least 14 calendar days before trial.
Should a daily transcript and/or real-time reporting be desired, the parties shall make arrangements with Odile Hansen, at 510-637-3534 or Odile Hansen@cand.uscourts.gov. at least fourteen (14) calendar days prior to the trial date.
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Page 3 | PRETRIAL ARRANGEMENTS
Word versions of proposed orders must be emailed to jswpo@cand.uscourts.gov.
The parties must also email Word versions of any proposed orders to jswpo@cand.uscourts.gov.
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Page 1 | Chambers Copy and Proposed Orders
Change of plea submissions must be emailed to jswpo@cand.uscourts.gov and jswcrd@cand.uscourts.gov.
Submission shall be made to each of the following email addresses: jswpo@cand.uscourts.gov and jswcrd@cand.uscourts.gov.
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Page 2 | Change of Plea
Tutorials scheduled one week before claim construction hearing on Thursdays at 10:00 a.m.
The Court will schedule a tutorial to occur one week prior to the claim construction hearing. Tutorials will be scheduled for Thursdays at 10:00 a.m.
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Page 2 | Tutorial and Claim Construction Hearing
Pretrial documents must be submitted to chambers via email in Microsoft Word format to jswpo@cand.uscourts.gov.
The joint proposed final pretrial order, the jury instructions, proposed voir dire, the statement of the case required by Paragraph 2(c) of this Order, objections to exhibits required by Paragraph 2(h) of this Order, and any proposed special verdict forms, shall be submitted to chambers in Microsoft Word format via email to jswpo@cand.uscourts.gov
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