Northern District of California Adjournment & Extension Requirements
224 rules from official source documents
18 of 224 checked against the court's document. Each rule says how far it was checked. A value with a question mark is not in the court's wording on its card.
Requirements for requesting adjournments, extensions, and continuances. This page is scoped to Northern District of California; use the court rules overview to switch categories without leaving this court.
Checked against the court's document on Oct 4, 2026CRITICAL
A continuance requires good cause, with particular attention to the requesting party’s diligence and potential prejudice if the request is denied.
Continuances will be granted only upon a showing of good cause, particularly focusing on evidence of diligence by the party seeking delay and of prejudice that may result if the continuance is denied.
Checked and corrected to match the court's document on Oct 4, 2026CRITICAL
Civil cases
Unless a stipulated dismissal or judgment is filed or placed on the record, parties must be prepared to attend the scheduled final pretrial conference and trial; only an advance continuance expressly approved by the Court excuses that obligation.
Unless and until a stipulated dismissal or judgment 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, on pain of dismissal of the case for lack of prosecution or default judgment. Only an advance continuance expressly approved by the Court will release counsel and the parties from their obligation to proceed.
Checked and corrected to match the court's document on Oct 4, 2026CRITICAL
Civil cases
The Court will attempt to confer promptly about whether a continuance is appropriate, but counsel must continue preparing, make all filings, and remain ready for trial pending that conference.
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.
Checked and corrected to match the court's document on Oct 4, 2026CRITICAL
Civil cases
A scheduled trial date may be continued only by Court order on a motion made under Civil Local Rule 7.
No continuance of a scheduled trial date will be granted except by order of the Court in response to a motion made in accordance with the provisions of Civil Local Rule 7.
Checked and corrected to match the court's document on Oct 4, 2026CRITICAL
Civil cases
A scheduled trial date may be continued only by Court order in response to a motion made under Civil Local Rule 7.
No continuance of a scheduled trial date will be granted except by order of the Court in response to a motion made in accordance with the provisions of Civil Local Rule 7.
Checked against the court's document on Oct 4, 2026CRITICAL
Civil cases
A settlement conference continuance requires a compelling reason, a prior meet-and-confer, and a prompt ECF request stating the reason and whether any party objects.
A settlement conference may be continued only for a compelling reason. The party seeking to continue a settlement conference must first meet and confer with opposing counsel and then promptly file a request in ECF. The request must demonstrate the compelling reason for the continuance and state whether any party objects to the continuance.
Checked against the court's document on Oct 4, 2026WARNING
A Motion for Administrative Relief seeking more time to file should be filed sufficiently before the deadline for the Court to respond, not on the due date or immediately before it.
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, with sufficient time for the Court to respond (not on the day the filing is due or immediately prior).
Checked against the court's document on Oct 4, 2026WARNING
Requests that leave fewer than two weeks between the last brief and the hearing are likely to be denied.
Parties are advised that requests which, in effect, do not allow the Court two weeks from the filing of the last brief until the scheduled hearing date are likely to be denied.
Checked against the court's document on Oct 4, 2026WARNING
Civil cases
Requests to extend deadlines or continue hearing dates should be filed at least three business days in advance.
Requests to extend deadlines or continue hearing dates should be filed at least three business days prior to the deadline or hearing sought to be extended or continued.
Checked against the court's document on Oct 4, 2026WARNING
Civil cases
Requests to enlarge page limits will rarely be granted and must be filed at least three business days before the filing deadline.
Requests to enlarge page limits will rarely be granted, but any such requests must be filed at least three business days prior to the filing deadline.
Checked and corrected to match the court's document on Oct 4, 2026WARNING
Civil cases
If the trial date changes, parties may seek adjusted compliance deadlines, but the adjustments take effect only if the Court approves them.
In the event the trial date is changed, the parties may seek an adjustment of the time limits for compliance with the requirements of this order, which shall be effective only upon Court approval.
Checked and corrected to match the court's document on Oct 4, 2026WARNING
Requests for extensions or continuances should be made only when necessary and not for improper advantage.
Requests for extensions or continuances should be made only when necessary and never for improper advantage.
Checked against the court's document on Oct 4, 2026WARNING
Civil cases
Trial dates are firm once set, and continuances are disfavored.
Trial dates are firm once set by the Court. Continuances are disfavored.
Checked and corrected to match the court's document on Oct 4, 2026WARNING
Civil cases
The Court will rarely continue a trial merely because the parties have settled in principle.
The Court will rarely continue a trial because the parties have “settled in principle.”
Checked and corrected to match the court's document on Oct 4, 2026WARNING
Civil cases
The Court will rarely continue a trial merely because the parties have settled in principle.
The Court will rarely continue a trial because the parties have “settled in principle.”
Checked against the court's document on Oct 4, 2026WARNING
Civil cases
Trial dates are firm once set by the Court.
Trial dates are firm once set by the Court.
Checked against the court's document on Oct 4, 2026WARNING
Civil cases
Continuances are disfavored.
Continuances are disfavored.
Checked against the court's document on Oct 4, 2026INFO
The Court may reschedule the hearing on its own or on a Civil L.R. 6-3 motion to allow the moving party time to reply to a cross-motion.
The Court may, sua sponte or pursuant to a motion under Civil L.R. 6-3, reschedule the hearing so as to give a moving party time to file a reply to any cross-motion.
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Any request for a continuance or extension of time that requires a court order must be filed not later than three (3) court days prior to the deadline that the party wishes to extend.
Summary: Requests for continuances or extensions requiring a court order must be filed no later than 3 court days before the deadline being extended.
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After the Court issues a scheduling order, continuances in civil cases are granted only upon a showing of good cause. See Fed. R. Civ. P. 16(b)(4).
Summary: After the scheduling order issues, continuances in civil cases are granted only upon a showing of good cause under Fed. R. Civ. P. 16(b)(4).
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Parties and counsel must demonstrate good cause; they may not simply stipulate that good cause has been shown.
Summary: Parties and counsel must actually demonstrate good cause for continuances or extensions and may not merely stipulate that good cause exists.
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The caption of any request for a continuance or extension shall indicate how many previous extensions have been requested (e.g., "First Request for Extension"). The request must state whether the Court has granted those extensions and whether the Court has stated that no further extensions will be granted.
Summary: Continuance/extension requests must indicate in the caption the number of previous extensions requested and must state whether the Court granted them and whether it has said no further extensions will be granted.
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Trial dates will not be continued absent a strong showing of good cause.
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Requests to enlarge page limits will rarely be granted. Stipulated requests must be filed at least three (3) court days prior to filing the underlying motion.
Summary: Stipulated requests to enlarge page limits are rarely granted and must be filed at least three court days before the underlying motion.
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If the request is made by administrative motion rather than stipulation, the motion must be filed at least five (5) court days prior to filing the underlying motion and any opposition must be filed: (a) at least three (3) court days before the underlying motion is filed; or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.
Summary: Administrative motions to enlarge page limits must be filed at least five court days before the underlying motion, with any opposition due at least three court days before the underlying motion or within the Civil L.R. 7-11 time, whichever is sooner.
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When any party requests a continuance or extension of time, the party must file a proposed order listing, in chart format, all future deadlines and the proposed extensions, illustrating how the requested relief would impact the case schedule.
Summary: Continuance or extension requests must include a proposed order charting all future deadlines, the proposed extensions, and the impact on the case schedule.
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Criminal cases
If the parties are requesting an exclusion of time under the Speedy Trial Act, the stipulation must set forth specific facts justifying the exclusion. Conclusory statements that the exclusion is needed for effective preparation of counsel, for example, are insufficient.
Summary: A stipulation requesting a Speedy Trial Act exclusion must set forth specific facts justifying the exclusion; conclusory statements are insufficient.
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For any request, including stipulations, to continue a hearing, case management conference, or a deadline (other than an extension that the rules allow the parties to arrange between themselves without a court order), the parties must state how many extensions have been requested, whether the Court has granted those extensions, and whether the Court has stated that no further extensions will be granted. The parties must also list all existing deadlines and their proposed extensions. Absent extraordinary circumstances, stipulations seeking to move a deadline must be filed by no later than two court days prior to the deadline.
Summary: Requests to continue a hearing, case management conference, or deadline must disclose the number and outcome of prior extensions and list all existing deadlines with proposed extensions, and stipulations to move a deadline must be filed at least two court days before the deadline absent extraordinary circumstances.
The quote is in the court's document. The summary is not checked yet.CRITICAL?
For any request, including stipulations, to continue a hearing, case management conference, or a deadline (other than an extension that the rules allow the parties to arrange between themselves without a court order), the parties must state how many extensions have been requested, whether the Court has granted those extensions, and whether the Court has stated that no further extensions will be granted. The parties must also list all existing deadlines and their proposed extensions.
Summary: Requests (including stipulations) to continue a hearing, case management conference, or deadline must state how many extensions were requested, whether the Court granted them and stated no further extensions would be granted, and must list all existing deadlines and proposed extensions.
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Absent extraordinary circumstances, stipulations seeking to move a deadline must be filed by no later than two court days prior to the deadline.
Summary: Stipulations seeking to move a deadline must be filed no later than two court days before the deadline, absent extraordinary circumstances.
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Civil cases
Once the Court has entered a case schedule, the parties may not move the dates except by Court order. If the parties seek to move one of these dates, the parties must file a joint statement of no more than three pages proving particularized good cause for the requested change. A trial date typically will be set at the initial case management conference. Once set, the trial date will not be continued absent compelling good cause.
Summary: Case schedule dates may not be changed except by court order upon a joint statement showing particularized good cause, and once set, the trial date will not be continued absent compelling good cause.
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Civil cases
The parties must allow sufficient time for the assigned Magistrate Judge to resolve discovery disputes before the close of discovery. Absent truly compelling reasons, the Court will not extend case deadlines based on a pending discovery dispute.
Summary: Parties must leave enough time for discovery disputes to be resolved before discovery closes, and the Court will not extend case deadlines based on a pending discovery dispute absent truly compelling reasons.
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Criminal cases
If the parties wish to request a continuance of a status conference by written stipulation, the parties shall file a stipulation to that effect before the scheduled date.
Summary: Continuances of status conferences must be requested by a written stipulation filed before the scheduled conference date.
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Criminal cases
The stipulation shall state whether defense counsel has communicated with the defendant, and if so, whether the defendant is in agreement with the continuance and any requested exclusion of time under the Speedy Trial Act. The stipulation shall also provide an update on the status of the case and discovery.
Summary: A status conference continuance stipulation must state whether defense counsel has communicated with the defendant, whether the defendant agrees with the continuance and any requested Speedy Trial Act exclusion, and must provide an update on the status of the case and discovery.
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If a defendant files a motion to dismiss that is dispositive of the entire case, the parties can stipulate to move the initial case management conference to 21 days after the hearing on that motion. Otherwise, the initial case management conference generally will not be moved.
Summary: Parties may stipulate to move the initial case management conference to 21 days after the hearing on a case-dispositive motion to dismiss; otherwise the initial CMC generally will not be moved.
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Civil cases
General Order 56 sets forth various deadlines that parties must adhere to in prosecuting claims pursuant to the ADA. Failure to comply with those deadlines may result in sanctions, including dismissals for failure to prosecute. Any extensions of General Order 56's deadlines must be sought no later than one week in advance of the deadline and must be supported by a concrete and particularized showing of good cause.
Summary: ADA claims must follow General Order 56 deadlines; extensions require 1-week advance notice and good cause.
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No changes to the Court’s schedule shall be made except by signed order of the Court and only upon a showing of good cause.
Summary: Changes to the Court’s schedule require a signed court order and a showing of good cause.
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Briefing schedules may not be changed without Court approval.
Summary: A briefing schedule may be changed only with Court approval.
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Any extensions of General Order 56’s deadlines must be sought no later than one week in advance of the deadline and must be supported by a concrete and particularized showing of good cause.
Summary: An extension of a General Order 56 deadline must be requested at least one week before the deadline and supported by a concrete, particularized showing of good cause.
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Civil cases
No changes to the Court’s schedule shall be made except by signed order of the Court and only upon a showing of good cause. Parties seeking to continue hearings, request special status conferences, modify briefing schedules, or make any other procedural changes shall submit a signed stipulation and proposed order, or, if a stipulation is not possible, a Motion for Administrative Relief as contemplated by Civil Local Rule 7-11. Continuances will be granted only upon a showing of good cause, particularly focusing on evidence of diligence by the party seeking delay and of prejudice that may result if the continuance is denied. Briefing schedules may not be changed without Court approval. The Court generally will not approve elongated briefing schedules without sufficient explanation. 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, with sufficient time for the Court to respond (not on the day the filing is due or immediately prior). Parties are advised that requests which, in effect, do not allow the Court two weeks from the filing of the last brief until the scheduled hearing date are likely to be denied. Requests to accommodate remote appearances for compliance deadlines will be summarily denied. All compliance deadlines are decided on the papers unless otherwise stated by the Court.
Summary: Continuances, extensions, or schedule changes require good cause, signed stipulation + proposed order or Motion for Administrative Relief; motions to enlarge deadlines must be filed before the deadline, and requests without 2 weeks between last brief and hearing are likely denied.
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Civil cases
The parties may, by stipulation filed on the docket, extend the time to file the Omnibus Stipulation and Omnibus Motion to 21 days after the conclusion of briefing. Extensions beyond 21 days must be approved by the Court.
Summary: Parties may stipulate to extend time to file Omnibus Stipulation and Motion to 21 days after briefing concludes; extensions beyond 21 days require court approval.
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Civil cases
Any extensions of General Order 56's deadlines must be sought no later than one week in advance of the deadline and must be supported by a concrete and particularized showing of good cause.
Summary: ADA litigation deadline extensions must be sought one week in advance with a showing of good cause.
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Civil cases
Any party seeking an extension of a court deadline must seek an extension at least seven (7) days prior to the deadline by filing an appropriate motion or stipulation, in compliance with the Civil Local Rules.
Summary: Extension requests must be filed at least 7 days before deadline.
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Civil cases
Requests for extensions contained in a case management statement or brief will not be entertained.
Summary: Extension requests in case management statements or briefs will not be considered.
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Civil cases
If all parties agree, they may request to have a setting by Zoom video, but they must make their request at least one week in advance of the scheduled setting.
Summary: Joint Zoom requests must be made at least 1 week before scheduled setting.
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Civil cases
Absent agreement, requests to appear by video conference may be entertained upon a compelling showing of good cause, and must also be filed at least seven (7) days in advance of the scheduled setting.
Summary: Non-joint Zoom requests need good cause and must be filed 7 days in advance.
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Civil cases
Summary judgment motions shall be heard at least 90 days before trial. Generally, the Court will reserve a compliant date at the Initial Case Management Conference.
Summary: Summary judgment motions must be heard at least 90 days before trial.
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Civil cases
Shortly before trial or a final pretrial conference, counsel occasionally wish jointly to advise the clerk that a settlement has been reached and seek to take the setting off calendar but it turns out later that there was only a settlement 'in principle' and disputes remain. Cases, however, cannot be taken off calendar in this manner. Unless and until a stipulated dismissal or judgment 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, on pain of dismissal of the case for lack of prosecution or 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
Summary: Cases cannot be taken off calendar based on a settlement in principle; only a filed dismissal or judgment or an advance continuance approved by the Court will release parties. Counsel must notify the Court immediately in writing if settlement is expected.
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No changes in the Court's schedule shall be made except by signed order of the Court and upon a showing of good cause. Parties seeking to continue hearings, request special status conferences, modify briefing schedules, or make other procedural changes shall submit a signed stipulation and proposed order, or, if stipulation is not possible, an ex parte application in writing.
Summary: Changes to the court schedule require a signed order and good cause; parties must submit a stipulation and proposed order or an ex parte application.
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Civil cases
Only an advance continuance expressly approved by the Court will release counsel and the parties from their obligation to proceed.
Summary: Continuances require advance Court approval; parties must be prepared to proceed unless a continuance is granted.
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Civil cases
Only an advance continuance expressly approved by the Court will release parties from their obligation to proceed to trial.
Summary: Continuances must be expressly approved by the Court in advance to release parties from trial obligations.
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Parties seeking to continue hearings, request special status conferences, modify briefing schedules, or make any other procedural changes shall submit a signed stipulation and proposed order or, if stipulation is not possible, a motion for administrative relief. See Civ. L.R. 7-11.
Summary: Procedural changes require a signed stipulation and proposed order, or a motion for administrative relief if no stipulation.
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Continuances will be granted only upon a showing of good cause, with a particular focus on diligence by the party seeking the continuance and prejudice that may result if the continuance is denied.
Summary: Continuances require good cause, focusing on diligence and prejudice.
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Civil cases
A party moving for emergency relief must demonstrate that it made every reasonable effort to notify the opposing party and the opposing party's counsel, at the earliest possible time, of its intent to seek emergency relief. Failure to do so will likely result in denial of the request.
Summary: Emergency relief requires reasonable effort to notify opposing party and counsel.
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Civil cases
After the Court issues a scheduling order, continuances in civil cases are granted only upon a showing of good cause. See Fed. R. Civ. P. 16(b)(4). Any request for a continuance or extension of time (other than an extension that the Rules allow the parties to arrange between themselves without a court order) must be filed not later than three (3) court days prior to the deadline that the party wishes to extend.
Summary: Continuance requests must be filed at least 3 court days before the deadline.
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Civil cases
The parties may stipulate to and request Court approval of a briefing schedule that differs from that set forth in the Civil Local Rules, noting the differences in their stipulation. Absent good cause, however, the briefing schedule for any motion shall allow at least fourteen (14) days between the final filing and the hearing date. The briefing schedule for summary judgment, Daubert, and class certification motions shall allow at least 28 days between the final filing and the hearing date.
Summary: Briefing schedules must allow 14 days (28 days for SJ/Daubert/class cert) between final filing and hearing unless good cause shown.
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Civil cases
Parties wishing to appear via Zoom shall file and serve an administrative request to appear via Zoom and a proposed order at least one (1) week prior to the scheduled hearing date. If all parties wish to appear via Zoom, the parties should file a joint administrative request or indicate that the request is unopposed.
Summary: Zoom appearance requests must be filed and served at least 1 week before hearing.
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Civil cases
Any demonstratives or audio-visual presentations to be used at a hearing must be exchanged with opposing counsel and submitted to the Court at least 48 hours before the hearing. If this date falls on a weekend, parties are required to exchange and submit them by Friday at 5:00 p.m. Parties shall email electronic copies of the demonstratives or presentations to Judge Lee's Courtroom Deputy at eklcrd@cand.uscourts.gov.
Summary: Demonstratives must be exchanged and submitted 48 hours before hearing (by Friday 5pm if weekend).
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Criminal cases
To request a continuance of a scheduled hearing, counsel must file a proposed order, preferably by stipulation, including whether time under the Speedy Trial Act should be excluded, no later than three (3) court days before the scheduled hearing.
Summary: Continuance requests must be filed 3 court days before hearing with proposed order.
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Criminal cases
Absent a contrary order from the Court, the discovery cut-off date is fourteen (14) days before the pretrial conference. Any material disclosed after that date may be excluded unless the disclosing party: (a) can show good cause for why it was not sought, obtained, and disclosed sooner; and (b) discloses it within 24 hours of receipt of the material.
Summary: Discovery cut-off is 14 days before pretrial conference; late disclosure may be excluded unless good cause shown and disclosed within 24 hours.
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Civil cases
If a party has a good-faith basis for believing that more than ten terms need to be construed, that party may request leave to designate additional terms for construction, pursuant to Civil Local Rule 7-11. The requesting party must demonstrate good cause and explain why other methods of limiting the terms at issue (such as the selection of representative terms or any grouping of terms by issues presented) would be ineffective. The request must be filed no later than two weeks before the deadline for filing the joint claim construction statement. If good cause is shown, the Court will either agree to construe all terms or schedule a later proceeding to construe the remaining terms before trial. If more than ten terms are submitted for construction without leave of court, the Court will construe only the first ten terms listed in the joint claim construction statement and sanctions may be imposed.
Summary: Request for more than 10 claim construction terms requires good cause demonstration and must be filed 2 weeks before deadline; without leave, only first 10 terms will be construed and sanctions may apply.
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If a party believes that more than ten terms should be construed, that party may request leave to designate additional terms for construction, pursuant to Civil Local Rule 7-11. The requesting party must demonstrate good cause and explain why other methods of limiting the terms at issue (such as the selection of representative terms or any grouping of terms by issues presented) would be ineffective. The request must be filed no later than two weeks before the deadline for filing the joint claim construction statement.
Summary: Request for more than ten terms requires good cause demonstration and must be filed two weeks before joint statement deadline.
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Civil cases
Cases cannot be taken off calendar -- and trial dates will not be moved -- based on settlements "in principle." Unless and until a stipulated dismissal or judgment is filed or placed on the record, all parties must be prepared to proceed with the final pretrial conference as scheduled and/or proceed to trial on the trial date. Only a continuance in advance expressly approved by the Court will release counsel and the parties from their obligation to proceed.
Summary: Settlements 'in principle' do not justify removing case from calendar or moving trial dates; only a court-approved continuance will release parties from proceeding.
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Civil cases
Any request to reschedule a case management conference must be made in writing, by stipulation if possible, not less than 10 calendar days before the conference date. Good cause must be shown.
Summary: Reschedule requests must be in writing 10 days in advance with good cause.
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Civil cases
A trial date typically will be assigned at the initial case management conference. Once assigned, the trial date will not be changed or continued absent good cause in the interest of justice.
Summary: Trial dates assigned at initial conference are not changed absent good cause.
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Civil cases
Requests to extend deadlines or continue hearing dates should be filed at least three business days prior to the deadline or hearing sought to be extended or continued. If the request is made by administrative motion rather than stipulation, any opposition must be filed (a) no later than 12:00 p.m. one business day before the deadline or hearing in question or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.
Summary: Extension/continuance requests require 3 business days notice; opposition due 12pm one business day before deadline or per LR 7-11.
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Civil cases
Requests to enlarge page limits will rarely be granted, but any such requests must be filed at least three business days prior to the filing deadline. If the request is made by administrative motion rather than stipulation, any opposition must be filed (a) no later than 12:00 p.m. one business day before the deadline in question or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.
Summary: Page limit enlargement requests require 3 business days notice; opposition due 12pm one business day before deadline or per LR 7-11.
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Civil cases
Depositions of fact witnesses must be noticed at least 30 days before the close of fact discovery.
Summary: Depositions of fact witnesses must be noticed at least 30 days before close of fact discovery.
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Civil cases
Requests to extend deadlines or continue hearing dates should be filed at least three business days prior to the deadline or hearing sought to be extended or continued. If the request is made by administrative motion rather than stipulation, any opposition must be filed (a) no later than 12:00 p.m. one business day before the deadline or hearing in question or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.
Summary: Extension/continuance requests require 3 business days notice; opposition must be filed by 12:00 p.m. one business day before deadline or per LR 7-11.
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Civil cases
Requests to enlarge page limits will rarely be granted, but any such requests must be filed at least three business days prior to the filing deadline. If the request is made by administrative motion rather than stipulation, any opposition must be filed (a) no later than 12:00 p.m. one business day before the deadline in question or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.
Summary: Page limit enlargement requests require 3 business days notice; opposition must be filed by 12:00 p.m. one business day before deadline or per LR 7-11.
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Civil cases
Once set by the Court, trial dates are to be regarded as firm. Continuances are disfavored. For example, the Court will rarely continue a trial because the parties have “settled in principle.” A stipulated dismissal will ordinarily be required.
Summary: Trial dates are firm; continuances are disfavored, rarely granted for principle settlements; stipulated dismissal ordinarily required.
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Civil cases
Requests to extend deadlines or continue hearing dates should be filed at least three business days prior to the deadline or hearing sought to be extended or continued. If the request is made by administrative motion rather than stipulation, any opposition must be filed (a) no later than 12:00 p.m. one business day before the deadline or hearing in question or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.
Summary: Requests to extend deadlines or continue hearings must be filed at least 3 business days in advance; oppositions to administrative motions for such requests are due by 12:00 p.m. one business day prior or per Local Rule 7-11, whichever is sooner.
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Civil cases
Requests to enlarge page limits or extend filing deadlines should be made by stipulation whenever possible. Requests must be filed at least three business days prior to the filing deadline. If a request is opposed, it should be filed as an administrative motion. The opposition must be filed within the time allowed by Civil Local Rule 7-11 and no later than 12:00 p.m. one business day before the relevant deadline. Requests to enlarge page limits will rarely be granted.
Summary: Requests to extend filing deadlines or enlarge page limits should be made by stipulation if possible, filed at least 3 business days in advance; opposed requests require administrative motion filing, with opposition due by 12:00 p.m. one business day prior or per Local Rule 7-11.
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Criminal cases
Requests to extend deadlines or continue hearing dates will generally only be granted if there is an unforeseen emergency, or the parties have reached a written agreement regarding settlement. Any request should be filed at least three business days prior to the deadline or hearing sought to be extended or continued.
Summary: Requests to extend deadlines or continue hearings must be filed at least 3 business days in advance, and are generally only granted for unforeseen emergencies or written settlement agreements.
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Criminal cases
Requests to enlarge page limits will rarely be granted, but any such requests must be filed at least three business days prior to the filing deadline.
Summary: Requests to enlarge page limits must be filed at least three business days before the deadline.
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Civil cases
Parties seeking to modify a Court ordered deadline or a deadline set by Federal or local rules must explain 'with particularity the reasons for the requested enlargement.' Civ. L. R. 6-2(a).
Summary: Requests to extend deadlines must explain reasons with particularity.
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Civil cases
Requests to extend deadlines or continue hearing dates will generally only be granted if: (a) the request maintains the number of days between when the reply brief is due and the date of the hearing; (b) the requesting party has demonstrated that there is good cause (e.g., an unforeseen emergency); and (c) the time extension is narrowly tailored to address the good cause.
Summary: Extension requests require maintaining hearing schedule, good cause, and narrow tailoring.
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Civil cases
Any request should be filed at least three business days prior to the deadline or hearing sought to be extended or continued.
Summary: Extension requests must be filed at least three business days before the deadline or hearing.
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Criminal cases
Opposition briefs shall be filed at least fourteen days in advance of the hearing date.
Summary: Opposition briefs must be filed 14 days before hearing.
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Criminal cases
Reply briefs shall be filed at least seven days in advance of the hearing date.
Summary: Reply briefs must be filed 7 days before hearing.
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Criminal cases
Once a party reserves a hearing date, the party shall file their motion(s) within fourteen days.
Summary: Motions must be filed within 14 days of reservation.
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Criminal cases
If a party fails to file any motion within fourteen days, the hearing reservation will expire without further notice to the parties, and the moving party must obtain a new reservation before filing the motion(s).
Summary: Hearing reservation expires if motion not filed within 14 days.
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Criminal cases
Unless otherwise ordered, the parties may stipulate to any mutually agreeable briefing schedule so long as all briefing is complete at least seven days in advance of the hearing date.
Summary: Briefing must be complete 7 days before hearing unless otherwise ordered.
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Criminal cases
In the absence of a stipulation, motions (except those pertaining to sentencing) shall be filed at least 21 days in advance of the hearing date.
Summary: Motions (non-sentencing) must be filed 21 days before hearing without stipulation.
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Criminal cases
Any request should be filed at least three business days prior to the deadline or hearing sought to be extended or continued.
Summary: Extension/continuance requests must be filed 3 business days before deadline/hearing.
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Criminal cases
Any party wishing to have motions in limine heard prior to the commencement of trial must file and serve them at least fourteen days prior to the pretrial conference.
Summary: Motions in limine must be filed 14 days before pretrial conference.
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Criminal cases
To request a continuance of a scheduled hearing, counsel must file a proposed order, preferably by stipulation, including whether time under the Speedy Trial Act should be excluded, no later than three court days before the scheduled hearing.
Summary: Continuance requests must be filed 3 court days before hearing with proposed order.
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Civil cases
Parties seeking to modify a Court ordered deadline or a deadline set by Federal or local rules must explain "with particularity the reasons for the requested enlargement." Civ. L.R. 6-2(a). Requests to extend deadlines or continue hearing dates will generally only be granted if: (a) the request maintains the number of days between when the reply brief is due and the date of the hearing; (b) the requesting party has demonstrated that there is good cause (e.g., an unforeseen emergency); and (c) the time extension is narrowly tailored to address the good cause. Good cause includes if the parties attest they have reached a complete, written settlement agreement, not a settlement in principle. Any request must be filed at least three business days prior to the deadline or hearing sought to be extended or continued. If the request is made by administrative motion rather than stipulation, any opposition must be filed (a) no later than 12:00 p.m. one business day before the deadline or hearing in question or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.
Summary: Requests to extend deadlines or continue hearings must be filed at least three business days in advance and meet specific good cause requirements.
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Civil cases
Requests to extend deadlines or continue hearing dates will generally only be granted if there is an unforeseen emergency, or the parties have reached a written agreement regarding settlement. Any request should be filed at least three business days prior to the deadline or hearing sought to be extended or continued. If the request is made by administrative motion rather than stipulation, any opposition must be filed (a) no later than 12:00 p.m. one business day before the deadline or hearing in question or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.
Summary: Extension/continuance requests require 3 business days notice and are only granted for emergencies or settlement agreements.
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Civil cases
Requests to enlarge page limits will rarely be granted, but any such requests must be filed at least three business days prior to the filing deadline. If the request is made by administrative motion rather than stipulation, any opposition must be filed (a) no later than 12:00 p.m. one business day before the deadline in question or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.
Summary: Page limit extension requests require 3 business days notice and are rarely granted.
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Civil cases
If any witness will require an interpreter at trial and there is no certified court interpreter available to translate in the appropriate language, counsel must notify Judge Wise’s Courtroom Deputy at least 30 days before the commencement at trial at (408) 535-5332 or nwcrd@cand.uscourts.gov.
Summary: Interpreter requests must be made 30 days before trial.
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Civil cases
Any party who would like a daily transcript or real-time reporting must follow the procedures outlined on the Office of the Clerk of Court’s website: https://cand.uscourts.gov/about/clerks-office/transcripts-court-reporters/. Parties must submit requests for daily transcripts or real-time reporting no later than 14 calendar days before the first day of trial.
Summary: Daily transcript/real-time reporting requests must be submitted 14 days before trial.
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Civil cases
Requests to continue a hearing or CMC are due 72 hours in advance.
Summary: Requests to continue hearings or CMCs must be made 72 hours in advance.
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Civil cases
When proposing dates, allow: no more than 24 months between the initial CMC and the trial-setting conference (absent justification); at least 20 weeks between the dispositive motion filing deadline and trial-setting conference;
Summary: Proposed schedule must allow max 24 months to trial-setting conference and min 20 weeks from dispositive motions.
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Civil cases
Once set, case schedules and trial dates will only be modified for good cause.
Summary: Case schedules and trial dates will only be modified for good cause.
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Civil cases
Parties may stipulate to a motion briefing schedule that differs from the default. Allow at least 14 days between the final filing and the hearing.
Summary: Allow at least 14 days between final filing and hearing for stipulated briefing schedules.
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Civil cases
Hearings on motions for summary judgment or substantive motions in patent cases should allow 21 days.
Summary: Hearings on summary judgment or patent motions should allow 21 days.
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Civil cases
Submit motions/stipulations to extend dates and deadlines at least 72 hours before the date at issue. Requests must: • Explain the justification (Judge Pitts is unlikely to approve changes without good cause, and without a compelling showing of good cause for changes to trial dates); • State how many extensions have previously been requested, and indicate the Court’s rulings on those requests; and • Include a proposed order listing all future deadlines in the case schedule incorporating the proposed modifications.
Summary: Extension requests must be submitted 72 hours in advance with justification, history of previous requests, and proposed order.
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Civil cases
Submit motions/stipulations to enlarge page limits at least 72 hours before the relevant filing is due. If a request is made by administrative motion rather than stipulation, any opposition must be filed by the sooner of: (a) 12:00pm one business day before the filing deadline, or (b) the time allowed by Civil Local Rule 7-11.
Summary: Page limit enlargement requests must be submitted 72 hours in advance with specific opposition deadline.
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Civil cases
Requests to appear remotely via Zoom for a hearing must be made by administrative motion (not stipulation) at least one week in advance.
Summary: Remote appearance requests must be made by administrative motion at least one week in advance.
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Criminal cases
If a party chooses to submit a Sentencing Memorandum to the Court, it must be filed at least seven calendar days before the date on which Judgement and Sentencing is scheduled. Responses to Sentencing Memoranda shall be filed at least five calendar days before the date on which Judgement and Sentencing is scheduled.
Summary: Sentencing memoranda due 7 days before sentencing; responses due 5 days before
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Civil cases
By 5:00 P.M. on the day before those witnesses are called, opposing counsel shall provide any objections to the listed exhibits and shall exchange a list of exhibits to be used with the listed witness(es) on cross-examination (other than for impeachment).
Summary: Objections to exhibits due by 5:00 PM day before witness testimony.
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Civil cases
Counsel shall, by 6:00 P.M. on the day preceding each trial day, notify the Court of: (1) the list of planned witnesses in the order that they will be called, (2) the list of any exhibits to be offered and whether the parties stipulate to their admissibility and authenticity, and (3) a separate list of any objections to witnesses or exhibits that may be called or offered into evidence.
Summary: Daily witness/exhibit lists due by 6:00 PM day before trial.
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Civil cases
At least five days prior to the commencement of trial, the parties shall file and serve any excerpts of deposition testimony to be offered at trial, other than solely for impeachment or rebuttal.
Summary: Deposition excerpts due 5 days before trial (except impeachment/rebuttal).
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Civil cases
Any objections to the use of designated excerpts and any counter-designations of deposition testimony shall be filed and served no later than two days prior to the commencement of trial.
Summary: Deposition objections due 2 days before trial.
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Civil cases
Requests for a daily transcript or real-time reporting, if desired, must be arranged before the date of the pretrial conference through the Court’s website, https://cand.uscourts.gov/about/clerks-office/transcripts-court-reporters/transcript-forms/.
Summary: Daily transcript requests must be arranged before pretrial conference.
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Civil cases
For any request, including stipulations, to continue a hearing, case management conference, or a deadline (other than an extension that the rules allow the parties to arrange between themselves without a court order), the parties must state how many extensions have been requested, whether the Court has granted those extensions, and whether the Court has stated that no further extensions will be granted.
Summary: Extension requests must include history of previous extensions.
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Civil cases
Absent extraordinary circumstances, stipulations seeking to move a deadline must be filed two court days prior to the deadline.
Summary: Deadline extension stipulations must be filed two court days before deadline.
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Civil cases
Parties may stipulate/request to have a hearing by Zoom video, but they must do so at least one week in advance of the hearing.
Summary: Zoom hearing requests must be made at least one week in advance.
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Civil cases
The letter must be filed as soon as possible, but under no circumstances may it be filed more than 7 days after the applicable discovery cutoff.
Summary: Joint discovery letter must be filed within 7 days of discovery cutoff.
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Criminal cases
If the parties wish to request a continuance of a status conference by written stipulation, the parties shall file a stipulation to that effect before the scheduled date. The stipulation shall state whether defense counsel has communicated with the defendant, and if so, whether the defendant is in agreement with the continuance and any requested exclusion of time under the Speedy Trial Act. The stipulation shall also provide an update on the status of the case and discovery. If the parties are requesting an exclusion of time under the Speedy Trial Act, the stipulation must set forth specific facts justifying the exclusion. Conclusory statements that the exclusion is needed for effective preparation of counsel, for example, are insufficient.
Summary: Written stipulation required for status conference continuances with specific content requirements.
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For any request, including stipulations, to continue a hearing, case management conference, or a deadline (other than an extension that the rules allow the parties to arrange between themselves without a court order), the parties must state how many extensions have been requested, whether the Court has granted those extensions, and whether the Court has stated that no further extensions will be granted. The parties must also list all existing deadlines and their proposed extensions. Absent extraordinary circumstances, stipulations seeking to move a deadline must be filed by no later than two court days prior to the deadline.
Summary: Requests to continue hearings or deadlines must include details of previous extensions and proposed new dates, and be filed at least two court days before the deadline.
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Civil cases
For any request, including stipulations, to continue a hearing, case management conference, or a deadline (other than an extension that the rules allow the parties to arrange between themselves without a court order), the parties must state how many extensions have been requested, whether the Court has granted those extensions, and whether the Court has stated that no further extensions will be granted. The parties must also list all existing deadlines and their proposed extensions. Absent extraordinary circumstances, stipulations seeking to move a deadline must be filed by no later than two court days prior to the deadline.
Summary: Deadline extension requests must include extension history and be filed 2 court days before deadline.
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Civil cases
Rather than trying to squeeze multiple topics into one motion in limine, the parties must seek relief from the ten-motion limit at least 35 calendar days before the final pretrial conference. That request for relief must list the topics of each motion in limine each side wishes to file.
Summary: Request for relief from 10-motion limit must be filed 35 days before final pretrial conference
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Criminal cases
If the parties wish to request a continuance of a status conference by written stipulation, the parties shall file a stipulation to that effect before the scheduled date. The stipulation shall state whether defense counsel has communicated with the defendant, and if so, whether the defendant is in agreement with the continuance and any requested exclusion of time under the Speedy Trial Act. The stipulation shall also provide an update on the status of the case and discovery. If the parties are requesting an exclusion of time under the Speedy Trial Act, the stipulation must set forth specific facts justifying the exclusion. Conclusory statements that the exclusion is needed for effective preparation of counsel, for example, are insufficient.
Summary: Stipulation for continuance must include defendant communication, agreement, case status, and specific facts for Speedy Trial Act exclusion.
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Criminal cases
Absent a contrary order from the Court, the discovery cut-off date is 14 days before the pretrial conference. Any material disclosed after that date may be excluded unless the disclosing party: (i) can show good cause for why it was not sought, obtained, and disclosed sooner; and (ii) discloses it within 24 hours of receipt of the material.
Summary: Discovery cut-off is 14 days before pretrial conference; late disclosure may be excluded unless good cause shown and disclosed within 24 hours.
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Civil cases
Only an advance continuance expressly approved by the Court will release counsel and the parties from their obligation to proceed.
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Counsel and the parties remain obligated to proceed unless the Court expressly approves an advance continuance.
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Civil cases
A trial date typically will be set at the initial case management conference. Once set, the trial date will not be continued absent compelling good cause.
Summary: Trial dates set at initial case management conference are not continued absent compelling good cause.
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Criminal cases
To request a continuance of a scheduled hearing, counsel must file a proposed order, preferably by stipulation, including whether time under the Speedy Trial Act (see 18 U.S.C.A. § 3161) should be excluded, by no later than 10:00 a.m. the Monday prior to the scheduled hearing. Continuances are not granted unless and until the Court so orders.
Summary: Continuance requests must be filed by 10:00 a.m. Monday before hearing with proposed order.
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Civil cases
Once the Court has entered a case schedule, the parties may not move the dates except by Court order. If the parties seek to move one of these dates, the parties must file a joint statement of no more than three pages proving particularized good cause for the requested change. A trial date typically will be set at the initial case management conference. Once set, the trial date will not be continued absent compelling good cause.
Summary: Extensions/continuances of case schedule dates require particularized good cause; trial continuances require compelling good cause. All changes need Court order.
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Civil cases
The parties must allow sufficient time for the assigned Magistrate Judge to resolve discovery disputes before the close of discovery. Absent truly compelling reasons, the Court will not extend case deadlines based on a pending discovery dispute.
Summary: Court will not extend case deadlines for pending discovery disputes absent truly compelling reasons.
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Civil cases
Request for extension of any case management deadlines: 72 hours prior to the deadline party wishes to extend
Summary: Requests to extend case management deadlines must be submitted 72 hours prior to the deadline.
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Civil cases
Request to reschedule a case management conference: At least 72 hours prior to the case management conference
Summary: Requests to reschedule a case management conference must be submitted at least 72 hours prior to the conference.
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Civil cases
No changes to the Court’s schedule can be made except by order of the Court. Any motion to continue a hearing or case management conference must be made no later than 72 hours prior to the scheduled appearance.
Summary: Motions to continue hearings or case management conferences must be filed at least 72 hours before the scheduled appearance; no schedule changes are permitted without a court order.
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Civil cases
Any request for an extension of a deadline (other than an extension that the rules allow the parties to arrange between themselves without a court order) must be filed no later than 72 hours prior to the deadline.
Summary: Requests for extension of deadlines (excluding those parties can agree to without court order) must be filed at least 72 hours before the deadline.
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Civil cases
When the parties request an extension of time, the parties must submit a proposed order listing all future deadlines and the proposed extensions. The parties must also submit, alongside any stipulation or administrative motion to change deadlines, a chart that includes the currently scheduled deadlines and the parties’ proposed deadlines. If the parties disagree on what state how many times the parties have requested extensions, whether the Court has granted those extensions, and whether the Court has stated that no further extensions will be granted.
Summary: Extension requests must include a proposed order with future deadlines and extensions, a chart of current and proposed deadlines, and if parties disagree, details of prior extension requests.
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Civil cases
If the parties wish to continue a case management conference, they must file a stipulation or motion—in a separate filing from their joint case management statement—at least 72 hours prior to the conference.
Summary: Parties must file a separate stipulation or motion at least 72 hours before a case management conference to request a continuance.
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Civil cases
The court will almost never grant requests to continue the initial case management conference in FLSA cases—even if there is a pending motion to dismiss—unless the parties have reached a tolling agreement.
Summary: Requests to continue the initial case management conference in FLSA cases are almost never granted, even with a pending motion to dismiss, unless the parties have a tolling agreement.
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Civil cases
Any motion to continue a hearing or case management conference must be made no later than 72 hours prior to the scheduled appearance.
Summary: Motion to continue hearing must be filed at least 72 hours before scheduled appearance.
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Civil cases
Any request for an extension of a deadline (other than an extension that the rules allow the parties to arrange between themselves without a court order) must be filed no later than 72 hours prior to the deadline.
Summary: Extension requests must be filed at least 72 hours before deadline.
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Civil cases
If the parties wish to continue a case management conference, they must file a stipulation or motion—in a separate filing from their joint case management statement—at least 72 hours prior to the conference.
Summary: Case management conference continuances require separate filing at least 72 hours before.
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Civil cases
Motions to increase page limits will almost never be granted, but any such motion must be filed no later than 72 hours before the brief is due.
Summary: Page limit increase motions must be filed at least 72 hours before brief deadline.
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Any motion to continue a hearing or case management conference must be made no later than 72 hours prior to the scheduled appearance.
Summary: Motions to continue hearings must be filed at least 72 hours in advance.
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Any request for an extension of a deadline (other than an extension that the rules allow the parties to arrange between themselves without a court order) must be filed no later than 72 hours prior to the deadline.
Summary: Extension requests must be filed at least 72 hours before the deadline.
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If the parties wish to continue a case management conference, they must file a stipulation or motion—in a separate filing from their joint case management statement—at least 72 hours prior to the conference.
Summary: Case management conference continuances require separate filing at least 72 hours before conference.
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Criminal cases
Absent a contrary order from the Court, the discovery cut-off date is 14 days before the pretrial conference. Any material disclosed after that date will be excluded unless the disclosing party: (i) can show good cause for why it was not sought, obtained, and disclosed sooner; and (ii) discloses it within 24 hours of receipt of the material.
Summary: Discovery cut-off is 14 days before pretrial conference; late disclosure requires good cause and 24-hour disclosure.
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Civil cases
17. In the rare event that the parties are unable to meet and confer as directed above, or a moving party is unable to obtain the opposing party’s portion of a joint letter after the meet and confer session, the moving party shall file a written request for a telephonic conference on the docket for the purpose of enforcing the Court’s meet and confer requirement, or for the Court to fashion an alternative procedure. The written request shall include a declaration which states any attempt to meet and confer and/or obtain the joint letter, the reasons for the inability to comply with the standing order, and (if possible) three dates and times at which all parties are available for a telephonic conference. The moving party may attach exhibits to the declaration, but the declaration and exhibits combined may not exceed seven pages.
Summary: Written request for telephonic conference required if unable to meet and confer, with declaration limited to 7 pages.
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Criminal cases
Motions for detention must be filed no later than 3:00 p.m. the court day before the hearing.
Summary: Detention motions must be filed by 3:00 p.m. the court day before hearing.
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Criminal cases
(a) Add-ons: The Court has an 8:30 a.m. cut-off time for morning of add-ons to the criminal calendar. After 8:30 a.m., add-ons will only be permitted under limited circumstances.
Summary: 8:30 a.m. cut-off for morning add-ons to criminal calendar; after that only under limited circumstances.
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Civil cases
Requests for continuances must be emailed to lbcrd@cand.uscourts.gov as soon as is practicable and include proposed new dates. A short joint statement reflecting the continuance request must be filed on the docket.
Summary: Continuance requests must be emailed with proposed dates and accompanied by joint statement on docket.
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Any request to continue the settlement conference must be filed on ECF as soon as possible after meeting and conferring with opposing counsel, and well in advance of the scheduled date. The request must demonstrate a compelling reason for a continuance and state whether it is joined or opposed by the other party(ies). The original settlement conference date will remain on calendar and the parties must appear on that date unless they receive an order from the Court continuing the matter.
Summary: Settlement conference continuance requests must be filed on ECF with compelling reason and other party's position.
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Civil cases
The party seeking such a deposition may notice it at least thirty days in advance. If the noticed date and place is unacceptable to the deponent or the deponent’s counsel, then within ten days of receipt of the notice, the deponent or counsel for the deponent must reply and counter-propose in writing an alternative date and place falling within thirty days of the date noticed by the party seeking the deposition.
Summary: Deposition notice requires 30-day advance notice; counter-proposal due within 10 days.
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Requests for conference participation by Zoom or telephone must be made within 7 days after a settlement conference referral.
Summary: Zoom/telephone participation requests must be made within 7 days of referral
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A party seeking to continue a settlement conference must file a request in ECF as soon as possible after meeting and conferring with opposing counsel. The request must demonstrate a compelling reason for the continuance and state whether the opposing parties object to the continuance. Any party that objects to the continuance must file an opposition in ECF within two days of the filing date of the request.
Summary: Settlement conference continuance requires ECF filing with compelling reason and opposition within 2 days if objected
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Civil cases
Any request to continue a scheduled Settlement Conference must be filed on ECF as soon as possible and as far in advance of the scheduled date as possible. A Party requesting a continuance shall (1) meet and confer with counsel for the other Parties to discuss the request and, if agreed, identify at least two mutually agreeable proposed alternate dates for the Settlement Conference and then (2) immediately contact Judge Kang’s CRD at PHKCRD@cand.uscourts.gov to submit the request for rescheduling and the proposed alternative dates, all to be accomplished as far in advance of the scheduled date as possible. The request must demonstrate a compelling reason for a continuance and state whether it is joined or opposed by the other Party(ies). The original Settlement Conference date will remain on calendar and the Parties must appear on that date unless otherwise ordered by the Court.
Summary: Requests to continue a Settlement Conference must be filed on ECF as soon as possible, include meet-and-confer, two alternative dates, compelling reason, and adversary position; original date remains unless ordered otherwise.
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Civil cases
If a Party files a motion that would be dispositive of the entire case (e.g., a motion to dismiss or remand), the Parties may file a stipulation and proposed order to continue the initial case management conference to fifteen (15) calendar days after the hearing on that case-dispositive motion.
Summary: Case management conference may be continued 15 days after hearing on case-dispositive motion.
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Civil cases
Subject to the Court’s calendar, the Court generally encourages in-person appearances for case management, status, and pretrial conferences. Permission for a Party to attend by remote means (e.g., videoconference/Zoom or telephone) may be granted, in the Court’s discretion and on a case-by-case basis, only upon a Party’s filing a motion for administrative relief at least two (2) weeks in advance of the conference should the Court determine that good cause exists to excuse personal appearance.
Summary: Remote conference appearance requires 2-week advance motion for administrative relief.
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Civil cases
Permission for a Party to attend by remote means (e.g., videoconference/Zoom or telephone) may be granted, in the Court’s discretion and on a case-by-case basis, only if a Party files a motion for administrative relief at least two (2) weeks in advance of the motion hearing should the Court determine that good cause exists to excuse personal attendance and that personal attendance is not needed in order to have an effective hearing.
Summary: Remote appearance requires motion for administrative relief filed 2 weeks in advance with good cause.
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Civil cases
The facts establishing good cause must be set forth in the motion for administrative relief and supported by declaration(s) under oath establishing those facts.
Summary: Good cause must be supported by sworn declarations.
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Civil cases
No scheduled or noticed case management, status, or pretrial conference will be continued by stipulation or agreement of the Parties alone. Noticed conference dates may be continued only as ordered by the Court.
Summary: Conference continuances require court order, not party stipulation.
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Parties may not stipulate to continue a case management, status, or pretrial conference without Court approval.
Summary: Parties cannot stipulate to continue case management, status, or pretrial conferences without court approval.
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The facts establishing good cause must be set forth in the request.
Summary: Request for telephone attendance must include facts establishing good cause.
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No exceptions to the limitations established in the Federal and Local Rules shall be permitted except pursuant to stipulation of the parties or order of the Court.
Summary: Exceptions to discovery limitations require stipulation or court order.
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The Court will not excuse a party from the requisite in-person or telephonic meeting unless good cause is shown.
Summary: Good cause required to excuse meet and confer requirement.
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Civil cases
Any deviation from the appearance standards above requires prior approval of the Court. The requesting party must file an administrative motion to appear by Zoom video link or telephonic link at least 5 days before the hearing. If the request is granted, specific call-in/Zoom instructions will be posted on ECF no later than 48 hours in advance.
Summary: Administrative motion required 5 days before hearing to appear by Zoom/phone instead of in-person
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Civil cases
Only an advance continuance expressly approved by the Court will release counsel and the parties from their obligation to proceed.
Summary: Only Court-approved continuance releases parties from proceeding obligation.
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Civil cases
In the event the trial date is changed, the parties may seek an adjustment of the time limits for compliance with the requirements of this order, which shall be effective only upon Court approval.
Summary: Time limit adjustments require Court approval if trial date changes.
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Civil cases
Shortly before trial or a final pretrial conference, counsel occasionally wish jointly to advise the clerk that a settlement has been reached and seek to take the setting off calendar but it turns out later that there was only a settlement “in principle” and disputes remain. Cases, however, cannot be taken off calendar in this manner. Unless and until a stipulated dismissal or judgment 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, on pain of dismissal of the case for lack of prosecution or 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
Summary: Settlement "in principle" does not excuse parties from trial; only approved continuance releases obligation.
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Civil cases
Pending such a conference, however, counsel must prepare and make all filings and be prepared to proceed with the trial.
Summary: Counsel must continue preparing filings and be ready to proceed pending conference
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Civil cases
Motions must be filed and noticed within 14 calendar days of reserving a hearing date with Judge Davila’s Courtroom Deputy. Failure to timely file any motion will result in the expiration of the hearing reservation without further notice to the parties.
Summary: Motions must be filed within 14 calendar days of reserving hearing date.
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Civil cases
Absent good cause, the briefing schedule for motions shall allow at least 14 days between the final filing and the hearing date.
Summary: At least 14 days between final filing and hearing date for motions.
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Civil cases
Any request to continue a scheduled trial date must be made in accordance with Civil Local Rule 40-1. Jury costs may be assessed for failure to proceed with a scheduled trial.
Summary: Trial continuance requests must follow Civil Local Rule 40-1.
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Parties seeking to continue hearings, request special status conferences, modify briefing schedules, or make any other procedural changes shall submit a signed stipulation and proposed order or, if stipulation is not possible, a motion for administrative relief.
Summary: Procedural changes require a signed stipulation and proposed order or a motion for administrative relief.
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Continuances will be granted only upon a showing of good cause, with a particular focus on diligence by the party seeking the continuance and prejudice that may result if the continuance is denied.
Summary: Continuances require a showing of good cause, focusing on diligence and prejudice.
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Civil cases
The parties shall comply with Civ. L.R. 30-1. Generally, the party seeking the deposition may notice it at least ten (10) days in advance.
Summary: Depositions must be noticed at least 10 days in advance.
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Civil cases
Witnesses subpoenaed or requested to produce documents should ordinarily be served at least 30 days before the scheduled deposition unless otherwise stipulated, and arrangements should be made to permit inspection of the documents before the deposition commences.
Summary: Document requests to witnesses must be served at least 30 days before deposition.
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Civil cases
Only an advance continuance expressly approved by the Court will release parties from their obligation to proceed to trial.
Summary: Continuances require advance express approval by the Court.
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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.
Summary: Opening briefs due at least six weeks before claim construction hearing.
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Criminal cases
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.
Summary: Motions to continue non-trial proceedings must be submitted by 9:00 a.m. the day before the proceeding.
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Criminal cases
Motions to continue a trial date shall be filed no later than seven (7) calendar days prior to the trial date.
Summary: Motions to continue trial must be filed 7 calendar days before trial.
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Criminal cases
Any opposition to a motion to continue trial shall be filed no later than five (5) days prior to the trial date.
Summary: Oppositions to motions to continue trial must be filed 5 days before trial.
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Civil cases
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.
Summary: Briefing schedule changes require court leave and good cause, file extension motions before deadline.
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Civil cases
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.
Summary: Must give 20 days notice if no agreement reached.
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Civil cases
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.
Summary: Deponent has 10 days to counter-propose alternative date within 30 days.
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Civil cases
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.
Summary: Documents must be served 30 days before deposition.
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Civil cases
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.
Summary: Continuances require a filed request and express court approval; without it, parties must be prepared to proceed.
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Civil cases
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.
Summary: 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.
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Parties seeking to continue hearings, request special status conferences, modify briefing schedules, or make other procedural changes shall submit a signed stipulation and proposed order, or, if stipulation is not possible, a motion or administrative request in accordance with Civil Local Rule 6‐3 or 7‐11, as appropriate, and as incorporated by Criminal Local Rule 2‐1. Irrespective of whether the parties are in agreement, no changes in the Court’s schedule or procedures shall be made except by order of the Court and only upon a showing of good cause.
Summary: Adjournment requests require signed stipulation/proposed order or motion, with good cause showing
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Parties seeking to continue hearings, request special status conferences, modify briefing schedules, or make other procedural changes shall submit a signed stipulation and proposed order, or, if stipulation is not possible, a motion or administrative request in accordance with Civil Local Rule 6‐3 or 7‐11, as appropriate, and as incorporated by Criminal Local Rule 2‐1. Irrespective of whether the parties are in agreement, no changes in the Court's schedule or procedures shall be made except by order of the Court and only upon a showing of good cause.
Summary: Continuances and procedural changes require signed stipulation with proposed order, or motion/administrative request; court order required upon showing of good cause.
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Criminal cases
A party seeking to modify a date affecting the Court’s calendar (e.g., change of plea, motion hearing, sentencing) must submit a motion or stipulation, as appropriate, at least seven (7) days in advance of the scheduled setting. Absent good cause, the Court is unlikely to grant a request to continue a court date by more than four (4) weeks. A party seeking an extension of a filing deadline must also submit a motion or stipulation, as appropriate, at least seven (7) days in advance of the scheduled deadline.
Summary: Continuance requests must be submitted at least 7 days in advance; extensions beyond 4 weeks unlikely without good cause.
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Civil cases
Absent exceptional circumstances, motions noticed for hearing with less than four weeks between the close of briefing and the hearing may be automatically re-noticed by the Court.
Summary: Motions with less than 4 weeks between briefing close and hearing may be automatically re-noticed.
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Civil cases
Requests submitted without a showing of good cause and/or submitted fewer than seven days prior to the scheduled setting will likely face denial.
Summary: Zoom requests without good cause or filed less than 7 days before may be denied.
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Civil cases
trial or conference, by voice mail to the deputy courtroom 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.
Summary: To request a continuance, counsel must leave a voicemail for the deputy courtroom clerk; the court will confer promptly, but counsel must still prepare for trial pending the conference.
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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.
Summary: Motions to enlarge filing deadlines must be filed in advance, not on the due date.
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Civil cases
Requests to enlarge page limits will rarely be granted. Stipulated requests must be filed at least three (3) court days prior to filing the underlying motion. If the request is made by administrative motion rather than stipulation, the motion must be filed at least five (5) court days prior to filing the underlying motion and any opposition must be filed: (a) at least three (3) court days before the underlying motion is filed; or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.
Summary: Page limit enlargement requests require 3-5 court days advance notice depending on type.
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Civil cases
Counsel requesting longer pretrial periods must be prepared to justify that request at the initial case management conference.
Summary: Longer pretrial periods require justification at initial conference.
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Civil cases
Once set by the Court, trial dates are to be regarded as firm. Continuances are disfavored. For example, the Court will rarely continue a trial because the parties have “settled in principle.” A stipulated dismissal will ordinarily be required. In accordance with Civil Local Rule 40-1, if the parties fail to proceed with a scheduled trial after a jury is empaneled, the Court may assess the costs of maintaining the jury against the parties or attorneys.
Summary: Continuances are disfavored; trial dates are firm; settlements in principle require stipulated dismissal; jury costs may be assessed for failure to proceed.
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Civil cases
Once set by the Court, trial dates are to be regarded as firm. Continuances are disfavored.
Summary: Trial dates are firm and continuances are disfavored
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Civil cases
The Court will rarely continue a trial because the parties have 'settled in principle.'
Summary: Court rarely continues trials due to settlements in principle
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Civil cases
Once set by the Court, trial dates are to be regarded as firm. Continuances are disfavored. For example, the Court will rarely continue a trial because the parties have 'settled in principle.' A stipulated dismissal will ordinarily be required. In accordance with Civil Local Rule 40-1, if the parties fail to proceed with a scheduled trial after a jury is empaneled, the Court may assess the costs of maintaining the jury against the parties or attorneys.
Summary: Continuances are disfavored; trial dates are firm. Settlement in principle rarely justifies continuance; stipulated dismissal required. Costs may be assessed if trial fails after jury empaneled.
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Civil cases
Requests to enlarge page limits will rarely be granted, but any such requests must be filed at least three business days prior to the filing deadline.
Summary: Requests to enlarge page limits must be filed at least three business days before the filing deadline.
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Civil cases
If the request is made by administrative motion rather than stipulation, any opposition must be filed (a) no later than 12:00 p.m. one business day before the deadline in question or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.
Summary: Opposition to an administrative motion to enlarge page limits must be filed by noon one business day before the deadline or per Local Rule 7-11, whichever is sooner.
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Civil cases
If the request is made by administrative motion rather than stipulation, any opposition must be filed (a) no later than 12:00 p.m. one business day before the deadline or hearing in question or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.
Summary: Opposition to an administrative motion for extension must be filed by noon one business day before the deadline or hearing, or per Local Rule 7-11, whichever is sooner.
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Criminal cases
Requests to extend deadlines or continue hearing dates will generally only be granted if there is an unforeseen emergency, or the parties have reached a written agreement regarding settlement.
Summary: Extensions/continuances granted only for unforeseen emergency or settlement agreement.
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Civil cases
Absent exigent circumstances or the parties reaching a complete settlement (not a settlement in principle) accompanied with a request for dismissal, or a stipulation with a date certain for the filing of dismissal, the Court generally will not grant trial continuances.
Summary: Trial continuances generally denied except for exigent circumstances or complete settlement.
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Civil cases
Motions to have a remote hearing by Zoom are due one week in advance and are not always granted.
Summary: Motions for remote hearings by Zoom must be filed one week in advance.
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Civil cases
Motions to increase page limits will rarely be granted, but any such motion must be filed no later than two court days before the brief is due.
Summary: Page limit increase motions must be filed at least two court days before brief due date.
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Civil cases
The parties must allow sufficient time for the assigned Magistrate Judge to resolve discovery disputes before the close of discovery. Absent truly compelling reasons, the Court will not extend case deadlines based on a pending discovery dispute.
Summary: No extensions for pending discovery disputes without compelling reasons.
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Civil cases
If a party has a good-faith basis for believing that more than ten terms need to be construed, that party may request leave to designate additional terms for construction, pursuant to Civil Local Rule 7-11. The requesting party must demonstrate good cause and explain why other methods of limiting the terms at issue (such as the selection of representative terms or any grouping of terms by issues presented) would be ineffective. The request must be filed no later than two weeks before the deadline for filing the joint claim construction statement. If good cause is shown, the Court will either agree to construe all terms or schedule a later proceeding to construe the remaining terms before trial. If more than ten terms are submitted for construction without leave of court, the Court will construe only the first ten terms listed in the joint claim construction statement and sanctions may be imposed.
Summary: Request to construe more than 10 terms must show good cause and be filed 2 weeks before deadline; sanctions for non-compliance.
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Civil cases
Once a trial date has been set, the parties should treat it as firm. Absent extraordinary circumstances, the Court will not continue a trial date.
Summary: Trial dates are firm and will not be continued except in extraordinary circumstances.
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Motions to increase page limits will almost never be granted, but any such motion must be filed no later than 72 hours before the brief is due.
Summary: Page limit increase motions must be filed 72 hours before brief deadline.
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Requests to appear telephonically at a case management conference or hearing must be filed and served one week before the conference in accordance with Civil L.R. 16-10(a).
Summary: Requests to appear telephonically must be filed and served one week before the conference.
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Civil cases
Counsel for a Party requesting to reschedule a Planning Conference shall (1) meet and confer with counsel for the other Parties to identify at least two mutually agreeable proposed alternate dates for the Planning Conference and then (2) immediately contact Judge Kang’s CRD at PHKCRD@cand.uscourts.gov to submit the request for rescheduling and the proposed alternative dates, all to be accomplished as far in advance of the noticed date as possible.
Summary: To reschedule a Planning Conference, counsel must meet and confer, identify two alternate dates, and contact the CRD as far in advance as possible.
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Civil cases
A Party seeking to enlarge a filing deadline or other matter by way of a motion for administrative relief is admonished to file such a motion sufficiently in advance of the filing deadline sought to be enlarged to allow time for any opposition to be filed under Civil Local Rule 7-11(b), and to allow time for the Court to review prior to the original deadline, rather than at the last minute (such as only a day or two before a brief or other matter is due).
Summary: Administrative relief motions must be filed sufficiently in advance of deadlines.
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Civil cases
Continuances are generally disfavored and will be granted only upon a showing of good cause, with a particular focus on diligence (or lack thereof) by the Party seeking the continuance and prejudice that may result if the continuance is denied (or granted).
Summary: Continuances granted only for good cause with focus on diligence and prejudice.
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Civil cases
Absent compelling circumstances, the Court will generally not grant a motion for administrative relief to appear by videoconference or telephonically for Parties or counsel who reside or have an office located within any of the Bay Area counties (Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, and Sonoma) or are otherwise located within 100 miles of the courthouse.
Summary: Remote appearance generally denied for Bay Area residents within 100 miles of courthouse.
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Civil cases
In addition, the Court will not generally grant a motion for administrative relief to appear remotely made by the moving Party on any motion that is the subject of the hearing.
Summary: Moving party cannot appear remotely on their own motion.
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Permission for a party to attend by telephone may be granted, in the Court’s discretion, upon written request made at least two (2) weeks in advance of the hearing, if the Court determines that good cause exists to excuse personal attendance and that personal attendance is not needed in order to have an effective conference.
Summary: Telephone attendance at case management conferences requires 2-week advance written request showing good cause.
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Civil cases
with counsel as promptly as circumstances permit to determine if a continuance will be in order.
Summary: Counsel must confer promptly to determine if continuance is needed
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Civil cases
Because of scheduling conflicts with other cases on the docket, the Court retains the discretion to change the trial date, either by way of advancement or continuance.
Summary: Court may change trial date due to scheduling conflicts
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Civil cases
In the event the trial date is changed, the parties may seek adjustment of the time limits for compliance with the requirements of this order, which shall be effective only upon Court approval.
Summary: Parties may seek time limit adjustments if trial date changes, subject to Court approval
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Live testimony at claim construction is disfavored; it will be allowed only by court order upon an administrative motion explaining why the testimony would be useful. Such a motion must be filed at least 14 days before the hearing.
Summary: Live testimony at claim construction requires court order and 14-day advance motion.
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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.
Summary: Motions to enlarge filing deadlines must be filed in advance, not on the due date.
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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.
Summary: Extrinsic evidence not ordinarily heard; testimony requests due within two weeks of hearing.
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Civil cases
Any request to reschedule the above dates should be made in writing, and by stipulation, if possible, not less than ten days before the conference date. Good cause must be shown.
Summary: Requests to reschedule the CMC must be in writing, by stipulation if possible, at least 10 days before the conference, and must show good cause.
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Any request to reschedule the above date should be made in writing, and by stipulation, if possible, not less than ten days before the conference date. Good cause must be shown.
Summary: Rescheduling requests must be in writing 10 days before conference with good cause.
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Civil cases
If a pending motion to dismiss is dispositive of an entire case, the parties may stipulate to hold the initial CMC 60 days or more after the hearing.
Summary: Initial CMC may be held 60+ days after hearing if dispositive motion pending.
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Civil cases
The Court does not generally issue tentative rulings. If the Court determines a hearing is not necessary, it will usually be vacated no later than two court days before the hearing.
Summary: Hearings vacated no later than two court days before if not necessary.
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Civil cases
Stipulations or motions to continue case schedules for mediation or settlement purposes will usually not be granted.
Summary: Continuances of case schedules for mediation or settlement are usually not granted.
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Civil cases
If a defendant files a motion to dismiss that is dispositive of the entire case, the parties can stipulate to move the initial case management conference to 15 days after the hearing on that motion.
Summary: Case management conference can be moved to 15 days after dispositive motion to dismiss hearing.
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Civil cases
The pretrial conference will be 1 or 2 weeks before the trial. The last day for a hearing on dispositive motions will be roughly 2 to 3 months before the pretrial conference.
Summary: Pretrial conference 1-2 weeks before trial; dispositive motions due 2-3 months before pretrial.
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Civil cases
The trial date will almost always be 12–16 months after the date the original complaint was filed.
Summary: Trial dates typically set 12-16 months after complaint filing.
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If the Court determines a hearing is not necessary, it will usually be vacated no later than three days before the hearing.
Summary: Hearings are typically vacated no later than three days before the scheduled date if not needed.
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Civil cases
Because of scheduling conflicts with other cases on the docket, the Court retains the discretion to change the trial date, either by way of advancement or continuance.
Summary: Court may change trial date due to scheduling conflicts.
How do I request an adjournment or extension in Northern District of California?
Magistrate Judge Susan van Keulen: Advance notice is not fully stated in the structured details. The request must include reason for request and adversary position. A settlement conference continuance requires a compelling reason, a prior meet-and-confer, and a prompt ECF request stating the reason and whether any party objects.
Chief Judge Yvonne Gonzalez Rogers: Advance notice is not fully stated in the structured details. The request must include reason for request. A continuance requires good cause, with particular attention to the requesting party’s diligence and potential prejudice if the request is denied.
Judge Trina L. Thompson: Advance notice is not fully stated in the structured details. Unless a stipulated dismissal or judgment is filed or placed on the record, parties must be prepared to attend the scheduled final pretrial conference and trial; only an advance continuance expressly approved by the Court excuses that obligation.
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Related categories
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Maximum page counts and word limits for motions, briefs, and other filings by judge.
Courtesy Copy Requirements
When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.
Electronic Filing Rules
Electronic filing requirements, permitted filing channels, EFSP portals, and exceptions.
Filing Timing and Cure Windows
Filing cutoffs, deemed-filed rules, rejection handling, cure periods, and outage procedures.