Northern District of California Document Filing Requirements

1842 rules from official source documents

150 of 1842 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.

Required elements, certificates, and structural requirements for court documents. 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

Civil cases

Applies to: Pretrial statement

The parties must file a joint Pretrial Conference Statement containing the information required by the order.

The parties shall file a joint Pretrial Conference Statement containing the information listed below.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Joint trial readiness binder

The joint trial readiness binders must include filed-document copies bearing the ECF header with each item's docket number and filing date.

The Joint Trial Readiness Binders shall contain copies of filed documents with the ECF header reflecting the item's docket number and filing date.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Trial readiness binder

The Trial Readiness Binders must include a paper copy of the parties' Pretrial Conference Statement.

A paper copy of the parties Pretrial Conference Statement shall be included in the Trial Readiness Binders.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Witness list

The witness list must identify likely trial witnesses, except those called solely for impeachment or rebuttal, and provide the specified testimony, examination-time, and presentation details for each.

A list of all witnesses likely to be called at trial (other than solely for impeachment or rebuttal), with a brief statement following each name that describes the substance of the testimony to be given, provides a time estimate of the direct and cross examinations, and specifies for each witness whether the plan is to present by live testimony, video deposition, or reading of a deposition transcript.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Witness list

A witness omitted from the list will be excluded from testifying unless the Court orders otherwise.

Witnesses not included on the list will be excluded from testifying unless the Court orders otherwise.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Witness list

The witness list must mark each witness as primary or included only as a precautionary measure, using an asterisk or other notation.

The list shall identify by an asterisk or other notation whether the witness listed is viewed as a primary witness or only included as a precautionary measure.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Witness list

A party that needs to call a witness at trial must identify that witness in its own witness list.

That is, should a party need to call a given witness at trial, they must identify that witness themselves in the witness list.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Trial notice

The parties must either issue trial notices to witnesses controlled by the other party or stipulate to how those witnesses will be notified that they are being called.

The parties shall either issue trial notices to witnesses controlled by the other party or stipulate as to the manner of notification that the witness is being called.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Expert witness list

The expert witness list must include all experts, a plain summary of each expert's theories, conclusions, and bases, and a curriculum vitae.

A list of all expert witnesses with a summary plainly stating the expert's theories and conclusions and the basis therefore, accompanied by a curriculum vitae.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Exhibit designations

The parties must note the agreed exhibit designations for the Court.

The agreed-upon designations shall be noted for the Court.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Expert report

If an expert prepared a report for testimony, a copy must be furnished to opposing counsel and included in a separate Trial Readiness Binder.

If the expert has prepared a report in preparation for the testimony, a copy thereof shall be furnished to opposing counsel and included in a separate Trial Readiness Binder.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Exhibit list

The Trial Readiness Binder must include a list of all documents and other items to be offered as trial exhibits, except items offered solely for impeachment or rebuttal.

As part of the Trial Readiness Binder, the parties shall include a list of all documents and other items to be offered as exhibits at the trial (other than solely for impeachment or rebuttal).

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Exhibit list

Each exhibit-list entry must briefly describe the contents and identify each sponsoring witness.

Each entry shall include a brief description of the contents, and the identity of each sponsoring witness.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Exhibit list

For each exhibit, the list must state whether it is for identification only, whether admission is stipulated to, and the grounds for any objection.

The Exhibit List shall specify for each exhibit: (1) if it is being marked for identification only, not for admission; (2) whether the parties stipulate to its admission; and (3) the grounds for any objection to its admission.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Exhibit list

The Exhibit List must include a column for the date each exhibit is admitted.

The Exhibit List shall also include an additional column so that the Court can track the date on which each exhibit is admitted.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Discovery audio video list

The parties must list likely trial-use deposition, interrogatory-answer, and request-for-admission excerpts, except those used solely for impeachment or rebuttal, as well as other likely trial-use audio or video.

The parties shall list (i) those excerpts from depositions, from interrogatory answers, or from responses to requests for admission (other than those solely for impeachment or rebuttal) and (ii) any other audio or video likely to be used at trial.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Proposed order

The parties must provide one proposed order with each disputed designation, allowing the Court to grant, modify, or deny permission to use it.

The parties shall provide a single proposed order with each disputed designation which will allow the Court to rule whether permission to use each is granted, granted with modification, or denied.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Jury instructions
Must include: proposed order

If the parties resolve a dispute before the Pretrial Conference, they must immediately notify the Court of withdrawn proposed instructions and submit the stipulated instruction.

(C) If the parties resolve any disputes prior to the Pretrial Conference, the parties must immediately inform the Court which proposed instructions are withdrawn, and submit the stipulated instruction to the Court.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Jury instructions

Disputed instructions must include each side’s arguments, supporting authority, and identification of the dispute and competing instruction; each side’s brief explanation is limited to two double-spaced pages, subject to additional briefing if ordered.

(G) Disputed instructions must be annotated with: (i) the proponent’s authority for seeking the instruction and a brief explanation of how the authority supports the instruction; and (ii) the opponent’s reason for opposition with any applicable authority and a brief explanation why the instruction should not be given. It shall clearly identify which party is proposing each disputed instruction, the nature of the dispute, and any competing instruction. “Brief” is defined as not exceeding two double-spaced pages per side. The Court will order additional briefing if necessary.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Jury instructions

Every submitted instruction must include the applicable Date Submitted or Date Revised notation.

(H) Every instruction submitted (whether disputed or stipulated) must include “Date Submitted: [insert date]” or “Date Revised: [insert date]” (as applicable).

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Jury instructions

Instructions must begin with the specified Ninth Circuit Model Instructions, edited for reading after evidence closes; jurors will receive the final instructions to follow and take into the jury room.

(A) The instructions shall begin with the standard Ninth Circuit Manual of Model Jury Instructions (“Model Instructions”) in Chapters 1 and 3 and shall be edited to be read AFTER the close of evidence. Jurors will be given a copy of the final instructions to follow and take into the jury room.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Jury instructions

Instructions must use the specified First Claim header and begin with the elements; instructions for succeeding claims may follow after the First Claim instructions.

(C) The instructions shall then use Headers identifying “First Claim” “[Name of Claim]” and shall begin with the elements. After all of the instructions are provided for the First Claim, the parties may then provide the instructions for each succeeding claim.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Motion in limine

A motion in limine must identify the precise exhibits or testimony it seeks to exclude.

Any motion in limine must specify the precise exhibits or proffered testimony the party seeks to exclude.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Motion in limine

A motion in limine that refers to exhibits must include copies of those exhibits.

To the extent the motion in limine refers to exhibits, the moving party must provide a copy of the exhibit(s) along with the motion.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Proposed order
Must include: proposed order

Each side must provide one proposed order on motions in limine identifying the precise relief requested.

One Proposed Order on Motions in Limine per side shall be provided, and shall identify the precise relief requested.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Exhibits

An exhibit may not be shown to the jury before admission unless the Court expressly approves.

Until it is admitted, NO EXHIBIT may be shown to the jury, including during Opening Statements, without the express approval of the Court.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Admitted exhibits

On the day each exhibit is admitted, it must be provided to the courtroom deputy on a rolling basis in a separately labeled manila folder; that set is the official set for jurors.

Exhibits admitted at trial shall be provided to the courtroom deputy on a rolling basis on the day admitted. They shall be placed in manila folders and separately labeled. This set shall be the official set which will be provided to the jurors.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Admitted exhibits list

By the start of closing arguments, parties must give the Courtroom Deputy a list of admitted exhibits for the jury's deliberations.

No later than the start of closing arguments, the parties shall provide the Courtroom Deputy with a list of Admitted Exhibits for use by the jury in its deliberations.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Witness photograph

On the day of a witness's testimony, parties must photograph the witness and provide enough copies for the Court and all jurors by the end of that day.

On the day of a witness's testimony, the parties shall take a photograph of the witness in order to assist the trier of fact with recalling the testimony. Sufficient copies for the Court and all jurors shall be provided by the end of the day of testimony.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Request
Must include: proposed order

A party wishing to use electronic equipment or other large items must file a request and proposed order by the second Friday before trial.

If a party wishes to use electronic equipment or other large items (such as bookshelves), the party must file a request and proposed order with the Court by the second Friday preceding the trial.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to: Request for procedural change
Must include: proposed order

Requests to continue hearings, seek special status conferences, modify briefing schedules, or make other procedural changes must be made by signed stipulation and proposed order, or by a Motion for Administrative Relief if a stipulation is not possible.

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.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to: Motion
Must include: proposed order

A party filing or opposing any motion must serve a proposed order stating the requested relief, a short rationale, requested authority, and applicable record citations.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to: Joint letter brief

The joint letter brief must attest that counsel met and conferred in person or by videoconference before filing and concisely state the unresolved issues.

In the joint letter brief, counsel must attest that, prior to filing the request for relief, counsel met and conferred in person or by videoconference, and then concisely summarize all remaining issues that counsel were unable to resolve.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to: Stipulated protective order
Must include: proposed order

The parties must submit a redline comparison to the model protective order and an electronic proposed order to the specified email address.

The parties shall submit a redline comparison with the model Stipulated Protective Order for Standard Litigation, along with their electronic form of proposed order, to ygrpo@cand.uscourts.gov.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to: Summary judgment motion

A summary judgment movant must file a concise supporting separate statement identifying each fact’s issue or claim and citing specific record evidence, and must provide it to all other parties in electronic word-processing format upon filing.

Parties moving for summary judgment must include a separate, short and concise statement of the material facts as to which the moving party contends there is no genuine issue to be tried (“Supporting Separate Statement”). The Supporting Separate Statement must: (1) identify the issue or claim number(s) to which the fact relates; and (2) list each asserted material fact and the record evidence with specific pincites (e.g., deposition, declaration, discovery response). Upon filing, the moving party shall provide the separate statement to all other parties in an electronic, word-processing format for ease of response thereto.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to: Summary judgment motion or opposition

Parties moving for or opposing summary judgment must submit a separate statement, except that pro se plaintiffs are not required to do so.

Any party moving for summary judgment or opposing summary judgment is required to submit a separate statement as set forth herein. Pro se plaintiffs, however, are not required to submit a separate statement.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to: Separate statement

Each Supporting and Responsive Separate Statement must be signed by reviewing lead counsel or, if unrepresented, by the party, and include the specified attestation.

The Supporting and Responsive Separate Statement each must be signed by lead counsel (or by the party, if unrepresented by counsel) who has reviewed the document and can attest as follows: “I attest that the evidence cited herein fairly and accurately supports [or disputes] the facts as asserted.”

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to: Motion papers

Evidentiary objections must be provided in the motion papers.

Consistent with the Civil Local Rules, evidentiary objections shall be provided in the motion papers.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to: Opposition

A summary-judgment cross-motion must be contained within the opposition to the summary-judgment motion.

Any cross-motion for summary judgment shall be contained within the opposition to any motion for summary judgment

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to: Reply

The reply must include the opposition to any cross-motion.

The reply to a motion may contain up to fifteen (15) pages, shall include the opposition to any cross-motion, and shall be filed seven (7) days after the filing of the opposition.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to: Motion for summary judgment

A party moving for summary judgment in a pro se employment action must certify compliance with General Order 71 in the motion.

A party bringing a motion for summary judgment in a pro se employment action must certify compliance with General Order 71 within the motion for summary judgment.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to: Expert report

Expert reports must number each paragraph and include a table of contents.

All expert reports shall number each paragraph to facilitate any motion practice challenging the specifics of any opinions and shall include a table of contents.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to: Expert report

When disclosing a written expert report, the disclosing party must identify all written materials the expert relied on and produce any not previously produced.

At the time of disclosure of a written report, the disclosing party must identify all written materials upon which the expert relies in that report and produce those materials if they have not done so previously.

Chief Judge Yvonne Gonzalez Rogers

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Applies to: Amended complaint or motion for leave to amend

Parties must email a redline comparison with the operative pleading upon filing an amended complaint or motion for leave to amend; self-represented parties are exempt.

In connection with all amended complaints and motions seeking leave to amend pleadings, parties shall submit a redline comparison with the operative pleading to ygrpo@cand.uscourts.gov upon filing of the amended complaint or motion seeking leave to amend. This requirement does not apply to self- represented parties.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to: Securities case chart

The securities-case chart must identify the specified statements, speakers, dates, mediums, falsity grounds, and scienter facts by defendant, follow the stated format, and contain no new or supplemental material beyond the operative complaint.

Within 14 days of service of the complaint (or consolidated complaint), the plaintiff shall file a chart summarizing the information required by 15 U.S.C. § 78u-4(b)(1) and (2), specifically identifying the allegations in the operative complaint as follows: (a) each statement alleged to have been false or misleading; (b) the speaker, date, and medium by which the statement was made; (c) the reason(s) the statement was false or misleading when made; and (d) the facts alleged to show that defendant(s) knew the statement false and/or misleading. The chart should clearly identify which statements or omissions are attributable to which defendants and, for each such defendant, the facts alleged which give rise to a strong inference that the defendant acted with the required state of mind at the relevant time. The chart must strictly adhere to the allegations in operative complaint and may not include any new or supplemental information or explanation. The chart should be organized in the following format:

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to: Motion

A motion seeking court approval of a class action settlement must provide the information specified in the district’s procedural guidance.

A motion for Court approval of a class action settlement must provide the information described in the Northern District of California’s Procedural Guidance for Class Action Settlements.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Joint case management statement

The joint case management statement’s “Other References” section must state whether all parties consent to magistrate-judge jurisdiction.

In the section of the joint case management statement addressing “Other References,” the parties must indicate whether all parties consent to the jurisdiction of a magistrate judge.

Judge Jon S Tigar

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Proposed order

A proposed order lacking a required declaration will be denied without prejudice.

Proposed orders that are not accompanied by one of the required declarations will be denied without prejudice.

Judge Jon S Tigar

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Cross motion briefing schedule
Must include: proposed order

Before filing the first cross-motion brief, the parties must submit a stipulation and proposed order setting the briefing schedule.

Before the first brief is filed, the parties must submit a stipulation and proposed order setting a briefing schedule for the cross-motions.

Judge Jon S Tigar

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Class action settlement approval motion

A motion for preliminary or final approval of a class-action settlement must address the referenced guidance in the order presented on the website.

Any motion for preliminary or final approval of a class action settlement must address the respective guidelines in the Northern District of California’s Procedural Guidance for Class Action Settlements, available at https://cand.uscourts.gov/rules-forms-fees/northern-district- guidelines/procedural-guidance-class-action-settlements, in the order the guidelines are presented on the website.

Judge Jon S Tigar

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Post distribution accounting

The post-distribution accounting must cover significant or recurring class-member concerns, other settlement-administration issues since final approval, and how those matters were resolved.

Judge Jon S Tigar

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Post distribution accounting
Must include: proposed order

Class counsel must file a proposed order releasing the remaining fees together with the post-distribution accounting.

Class counsel must file a proposed order releasing the remainder of the fees when they file their post-distribution accounting.

Judge Jon S Tigar

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to: Recollection refreshing material

Counsel must make any material used to refresh a witness’s recollection available to opposing counsel for review.

Counsel must make anything used to refresh recollection available to opposing counsel for review.

Judge Rita F. Lin

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to: Prior inconsistent statement

Counsel must have hard copies of a prior statement for the Court and opposing counsel to review.

You must have hard copies of the prior statement for the Court and opposing counsel to review.

Judge Rita F. Lin

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to: Recording transcript

If counsel plans to play an audio or video recording, counsel must have hard copies of any existing transcript.

If you plan to play an audio or video recording, you must have hard copies of the transcript, if one exists.

Judge Rita F. Lin

Checked against the court's document on Oct 4, 2026CRITICAL

Applies to: Billing statement
Must include: ai disclosure

Billing statements submitted for the Court’s review must disclose AI usage when applicable.

Any billing statements submitted for review of the Court must indicate AI usage when applicable.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Pretrial statement

A party may not call an undisclosed witness in its case-in-chief unless the Court grants leave for good cause.

No party shall be permitted to call any witness in its case in chief who is not disclosed in its pretrial statement unless the Court grants leave for good cause.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Pretrial statement

The pretrial exhibit list must identify trial exhibits other than items offered solely for impeachment or rebuttal and provide the specified information for each.

A list of all documents or other items to be offered as exhibits at trial, other than solely for impeachment or rebuttal, and a brief statement following each that describes: (1) its substance or purpose; (2) the identity of the sponsoring witness; (3) when it was offered in evidence; (4) when it was received in evidence; and (3) whether the parties have stipulated to its admissibility and, if they have not, the objection to its admission, the grounds for the objection, and the position of the offering party.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Pretrial statement

The pretrial filing must concisely state each disputed legal issue concerning liability or relief and cite supporting statutes and decisions, without extended argument.

Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Pretrial statement

The pretrial filing must identify motions and other matters that must be resolved before trial.

A statement of any motions or other matters that must be resolved prior to trial.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Pretrial statement

The pretrial filing must state whether a party requests bifurcation or a separate trial of specific issues and explain why.

A statement of whether either party requests bifurcation or a separate trial of specific issues and why.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Pretrial statement

The pretrial filing must estimate the court days needed for each party’s case and identify possible time savings from stipulations, agreed facts, or expedited presentation methods.

An estimate of the number of court days needed for the presentation of each party’s case, indicating possible reductions in time through proposed stipulations, agreed statements of facts, or expedited means of presenting testimony and exhibits.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Pretrial statement

The pretrial filing must briefly summarize settlement negotiations without stating specific dollar amounts and address whether further negotiations may be productive and what could facilitate settlement.

A brief summary of the status of settlement negotiations, without indicating specific dollar amounts, and an indication of whether further negotiations are likely to be productive and what, if anything, would facilitate settlement.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Motion in limine

An exhibit necessary to resolve a motion in limine must be attached to a supporting declaration.

If the content of an exhibit is necessary to the resolution of a motion in limine, that exhibit must be attached to a declaration in support of the motion.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Form exhibit and witness lists

The parties must file form exhibit and witness lists at least three days before trial, using the specified columns and leaving the designated columns blank.

At least three days prior to the first day of trial, the parties shall file form exhibit and witness lists. The form exhibit list should include the following columns: (1) Exhibit Number; (2) Brief Description; (3) Sponsoring Witness; (4) Date Marked for Identification (left blank); and (5) Date Admitted Into Evidence (left blank). The form witness list should include the following columns: (1) Witness Name; (2) Brief Summary of Testimony; and (3) Exhibits (left blank).

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Technology request
Must include: proposed order

Parties wishing to bring additional technology into the Courthouse must file a written request and proposed order at least seven days before trial.

Should the parties wish to utilize additional technology, the United States Marshals Service requires a court order to allow equipment into the Courthouse. The parties must file a written request and proposed order no later than seven days prior to the beginning of trial if they wish to bring any such technology into the Courthouse.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Joint pretrial statement and proposed order

The joint pretrial statement and proposed order must include the specified language directly above the signature lines.

The joint pretrial statement and proposed order shall include the following language directly above the signature lines: The foregoing admissions having been made by the parties, and the parties having specific the foregoing issues of fact and law remaining to be litigated, this order shall supplement the pleadings and govern the course of trial of this case, unless modified by the Court to prevent manifest injustice.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Proposed jury instructions

The parties must meet and confer and file joint proposed jury instructions arranged in their proposed order of delivery.

The parties shall meet and confer and file a joint set of proposed jury instructions, arranged in the order the parties propose the Court give the instructions.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Jury instructions

If the parties dispute whether an instruction should be given, its proponent must submit and label proposed language, and each party must explain in no more than one page why it should or should not be given.

If the parties dispute whether a particular instruction should be given at all, the proponent of the instruction shall provide proposed language, identified as “Disputed Instruction No. __ Re _______, Offered by ________,” with blanks filled in as appropriate. Following the disputed instruction, each party shall explain, in no more than one page why the instruction should or should not be given.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Statement of the case

The parties must jointly file a proposed Statement of the Case for reading to the jury during voir dire.

The parties shall jointly file a proposed Statement of the Case to be read to the jury during voir dire.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Joint pretrial statement

Section (h) of the joint pretrial statement and proposed order must identify the numbers of exhibits withdrawn as duplicates.

Section (h) of the parties’ joint pretrial statement and proposed order must identify the exhibit numbers of the exhibits withdrawn as duplicates.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Motion in limine
Must include: exhibit list

An exhibit necessary to resolve a motion in limine must be attached to a supporting declaration.

If the content of an exhibit is necessary to the resolution of a motion in limine, that exhibit must be attached to a declaration in support of the motion.

Judge Trina L. Thompson

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Request to bring additional technology
Must include: proposed order

Parties seeking to bring additional technology into the Courthouse must file a written request and proposed order no later than seven days before trial; a court order is required to allow the equipment in.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Witness and exhibit disclosure

The parties must disclose intended witnesses and the exhibits to be introduced through them by noon on the day before calling the witnesses, except for exhibits used solely for impeachment.

The parties shall disclose the witnesses whom they will call and the exhibits to be introduced through those witnesses (except exhibits to be used solely for impeachment purposes) by noon the day before the parties intend to call those witnesses.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Evidentiary dispute statement

Relevant deposition excerpts must be attached to the parties' statements when deposition designations are disputed and remain unresolved.

If deposition designations are the subject of any unresolved disputes, the relevant deposition excerpts must be attached to the parties’ statements.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Pretrial statement
Must include: witnesses to be called

A party may not call an undisclosed witness in its case in chief unless the Court grants leave for good cause.

No party shall be permitted to call any witness in its case in chief who is not disclosed in its pretrial statement unless the Court grants leave for good cause.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Joint pretrial statement and proposed order

The joint pretrial statement and proposed order must include the specified language directly above the signature lines.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Proposed jury instructions

The parties must meet and confer and file joint proposed jury instructions arranged in the order they propose the Court give them.

The parties shall meet and confer and file a joint set of proposed jury instructions, arranged in the order the parties propose the Court give the instructions.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Jury instructions

Agreed jury instructions must be identified using the stipulated-instruction label, with the blanks completed as appropriate.

Instructions upon which the parties agree shall be identified as “Stipulated Instruction No. __ Re _______,” with blanks filled in as appropriate.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Jury instructions

If good-faith conferral does not resolve a disputed jury instruction, each party must provide its version using the specified disputed-instruction label.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Jury instructions

If the parties dispute whether an instruction should be given at all, its proponent must provide proposed language with the specified disputed-instruction label.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Voir dire question

The parties must not submit argument about whether a disputed proposed voir dire question should be asked.

No argument concerning why a disputed proposed question should or should not be asked shall be submitted.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Statement of case

The parties must jointly file a proposed Statement of the Case for the jury to hear during voir dire.

The parties shall jointly file a proposed Statement of the Case to be read to the jury during voir dire.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Trial brief

Trial briefs must not duplicate the contents of the joint pretrial statement and proposed order.

Trial briefs shall not duplicate the contents of the joint pretrial statement and proposed order.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Exhibit

Each exhibit must be pre-marked with a trial exhibit sticker rather than a deposition label, and defendant’s exhibit numbering must follow plaintiff’s.

Each exhibit shall be pre-marked with a trial exhibit sticker (“Trial Exhibit No.__”), not deposition exhibit label, and defendant’s exhibit numbers shall be sequenced to begin after plaintiff’s exhibit numbers.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Exhibit list

The parties must agree on exhibit-number blocks suited to the case and make a good-faith effort to avoid duplicate marking across those blocks.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Exhibit list

If multiple parties mark the same exhibit, the defendant must withdraw its duplicate but should not renumber its portion of the exhibit list.

If the same exhibit is marked by more than one party, the defendant shall withdraw the duplicative exhibit (but should not renumber its portion of the exhibit list).

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Joint pretrial statement and proposed order

Section (h) of the joint pretrial statement and proposed order must identify the exhibit numbers withdrawn as duplicates.

Section (h) of the parties’ joint pretrial statement and proposed order must identify the exhibit numbers of the exhibits withdrawn as duplicates.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Exhibit and witness lists

Parties must file form exhibit and witness lists at least three days before trial, with the specified columns and blank fields.

Judge Trina L. Thompson

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Motion in limine

Each party may bring no more than five motions in limine.

Each party is limited to bringing five motions in limine.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Motion in limine

Motions in limine may not request summary judgment or raise Daubert challenges unless the Court has specifically granted prior approval.

Motions in limine cannot be used to request summary judgment or raise Daubert challenges unless the Court has specifically granted prior approval.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Motion in limine

An exhibit necessary to resolve a motion in limine must be attached to a supporting declaration.

If the content of an exhibit is necessary to the resolution of a motion in limine, that exhibit must be attached to a declaration in support of the motion.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Request to bring additional technology
Must include: proposed order

A party seeking to bring additional technology into the Courthouse must file a written request and proposed order no later than seven days before trial begins.

The parties must file a written request and proposed order no later than seven days prior to the beginning of trial if they wish to bring any such technology into the Courthouse.

Judge Trina L. Thompson

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Joint settlement conference statement

The joint settlement conference statement must identify attendees and address the case facts, claims and defenses, proceedings and schedule, pending motions, and relief sought.

1. A joint settlement conference statement. The joint settlement conference statement must include: - (a) the identity of the attorney(s) and clients attending the settlement conference; - (b) a brief statement of the facts of the case; - (c) a brief statement of the claims and defenses raised, including statutory or other grounds upon which the claims are founded; - (d) a bullet-point summary of the proceedings to date, including the operative case schedule; - (e) a list of all pending motions; - (f) the relief sought; and

Magistrate Judge Susan van Keulen

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Joint settlement conference statement

The joint statement must describe the parties' settlement positions, discussion history, and current demands and offers as of the statement date.

(g) the parties' positions on settlement exchanged as of the date of the joint statement, including a history of settlement discussions and the present demands and offers.

Magistrate Judge Susan van Keulen

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Confidential addendum to joint settlement conference statement

The confidential addendum must not be served on other parties and must candidly assess likelihood of success, identify major and potentially case-resolving issues, and state the party's settlement value.

2. A confidential addendum to the joint statement. The confidential addendum is not to be served on any other party and must include: (a) a *candid* evaluation of the parties' likelihood of prevailing on the claims and defenses; (b) a brief description of the major issues in dispute and any discrete issue that, if resolved, would facilitate the resolution of the case; (c) the party's settlement value of the case.

Magistrate Judge Susan van Keulen

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Declaration

The Designating Party must file a supporting declaration rebutting the public-access presumption, which applies except to grand jury transcripts and pre-indictment warrant materials.

The party that has designated material as confidential (“Designating Party”) also must file a declaration in support of sealing that rebuts the strong presumption in favor of public access that applies to all documents other than grand jury transcripts and pre-indictment warrant materials.

Senior Judge William H. Orrick

Checked against the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Administrative motion to file under seal

An administrative sealing motion must contain six specified items in sequence, with charts for numerous documents and possible consolidated justification for voluminous portions sharing the same basis.

Administrative motions to file materials under seal must contain the following information, presented in the following sequence: 1. A statement certifying that the filing party has reviewed and complied with this Order. 2. A statement certifying that the filing party has reviewed and complied with Civil Local Rule 79-5. 3. An identification of each document, documents, or portions of documents proposed to be sealed or redacted. 4. A statement identifying the entity that has designated the materials to be sealed as confidential. If a party seeks to seal numerous documents, the party shall provide a chart identifying the entity that designated each document as confidential. 5. A statement identifying the basis for sealing each document or portion of a document. If a party seeks to seal numerous documents, the party shall provide a chart identifying the basis for sealing each document or portion of a document. If the portions of documents sought to be sealed are voluminous, the Court will consider a single statement covering multiple documents if the basis for sealing those materials is the same. 6. All other materials required by the Local Rule. See CIVIL L.R. 79-5(c).

Senior Judge William H. Orrick

Checked and corrected to match the court's document on Oct 4, 2026CRITICAL

Civil cases

Applies to: Administrative motion or declaration

The administrative motion or declaration must identify the applicable good-cause or compelling-reasons standard and explain why the materials satisfy it.

The “strong presumption of access to judicial records” is rebutted under the appropriate legal standard, i.e., the “good cause” or “compelling reasons” standard. The standard that applies depends on whether the underlying motion at issue “is more than tangentially related to the merits of a case.” Ctr. for Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092, 1101 (9th Cir. 2016). The Administrative Motion or declaration must identify the ===== PAGE 2 ===== (Effective 9/2022) appropriate standard and articulate why the materials to be sealed satisfy that standard.

Senior Judge William H. Orrick

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Jury instructions

Revised proposed instructions must be identified as revised so the Court can replace the previously proposed instructions in the Trial Readiness Binders.

(D) If the parties wish to revise any proposed instructions, they must be identified as a “revised” instructions, such that the Court can easily identify and remove the previously proposed instruction, and insert the revised instruction into the Trial Readiness Binders.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Exhibits

Parties must make a good-faith effort to stipulate to exhibit admissibility.

The parties shall make a good faith effort to stipulate to admissibility of exhibits.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026WARNING

Applies to: Joint letter brief

The joint letter brief may cite only limited and specific legal authority, and only to resolve dispositive issues.

The joint letter brief may cite to limited and specific legal authority only for resolution of dispositive issues.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026WARNING

Applies to: Joint letter brief

Declarations may not accompany the joint letter brief, but specific excerpts of disputed discovery material may be attached.

The joint letter brief may not be accompanied by declarations; however any specific excerpt of disputed discovery material may be attached.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026WARNING

Parties may not incorporate by reference prior argument submitted in the case.

Parties shall never incorporate by reference prior argument submitted in the case.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026WARNING

Record citations should include pincites that are as particular as possible.

Furthermore, pincites to the record shall be as particular as possible for citations to the record.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026WARNING

String citations without analysis or descriptive parentheticals will be disregarded.

String citations without any analysis or descriptive parentheticals will be disregarded.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Proposed order

Parties seeking a protective order or ESI discovery order must use a model stipulated order where practicable.

Parties who seek a protective order or order re: discovery of ESI must, where practicable, use one of the model stipulated orders available at https://cand.uscourts.gov/rules-forms-fees/northern-district-guidelines/model-protective-orders or https://cand.uscourts.gov/rules-forms-fees/northern-district-guidelines/e-discovery-esi-guidelines-model-stipulated-orders.

Judge Jon S Tigar

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Final approval motion

The final approval motion should state the percentage of fees class counsel believes should be withheld and explain why.

The final approval motion should specify what percentage class counsel believes it is appropriate to withhold and why.

Judge Jon S Tigar

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Exhibits

Parties must reduce voluminous exhibits by removing irrelevant portions or using summaries.

Voluminous exhibits shall be reduced by elimination of irrelevant portions or through the use of summaries.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Exhibits

The Court may exclude exhibits that were not provided, in its reasonable discretion.

All exhibits not provided are subject to exclusion in the reasonable exercise of the Court’s discretion.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Joint pretrial proposed order

If the exhibit list is voluminous, Section (h) should be attached as an appendix to the joint pretrial proposed order.

If the list is voluminous, Section (h) should be attached as an appendix to the joint pretrial proposed order.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Trial brief

Trial briefs must not duplicate material in the joint pretrial statement or proposed order.

Trial briefs shall not duplicate the contents of the joint pretrial statement and proposed order.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Deposition designation

Other parties must promptly return reviewed deposition packets with objections highlighted in yellow, completeness additions in blue, irrelevant material crossed out, brief explanations, and any counter-designations.

All other parties must then promptly review and return the packet, highlighting in yellow any passages objected to, and in blue additional passages as needed to cure the completeness objection. Please cross out any irrelevant portions of any additional pages. A completeness objection should normally be made only if a few extra lines will cure the problem. The parties must provide brief explanations for any additions or deletions. They must also return any counter designations at the same time.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Exhibit

Each exhibit must bear a trial exhibit sticker rather than a deposition exhibit label, and defendant’s exhibit numbering must begin after plaintiff’s numbering.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Exhibit

The parties must agree on exhibit-number blocks suited to the case and make a good-faith effort to avoid duplicate marking; the sentence’s remaining direction is incomplete in the excerpt.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Exhibits

Voluminous exhibits must be reduced by removing irrelevant portions or using summaries.

Voluminous exhibits shall be reduced by elimination of irrelevant portions or through the use of summaries.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Voir dire questions

In jury cases, the parties are expected to confer and file jointly proposed voir dire questions for the Court.

In cases tried before a jury, the parties are expected to meet and confer and file a joint set of proposed voir dire questions for the Court to ask.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Courtesy copy

Every courtesy-copy page must display the ECF stamp, including the case number, document number, date, and page number, at the top.

All courtesy copies must be marked with the ECF stamp (case number, document number, date, and page number) on the top of each page.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Jury instructions

The parties should provide proposed text for all jury instructions, including agreed instructions, and label agreed instructions in the specified form.

The parties should include proposed text for all proposed jury instructions, even for any form preliminary instructions, general instructions, or concluding instructions on which they agree. Instructions upon which the parties agree shall be identified as “Stipulated Instruction No. __ Re _______,” with blanks filled in as appropriate.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Voir dire questions

After a good-faith conference fails to resolve proposed voir dire questions, each party may submit disputed questions with the specified label, but may not submit argument about whether they should be asked.

If, after meeting and conferring in good faith, there are proposed questions about which the parties do not agree, each party may submit a list of disputed proposed questions they wish to be put to the venire. The proponent of each disputed question shall provide proposed language, identified as “Disputed Question No. __, Offered by ________,” with blanks filled in as appropriate. No argument concerning why a disputed proposed question should or should not be asked shall be submitted.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Verdict form

The parties are expected to confer and file a joint proposed verdict form.

The parties are expected to meet and confer and file a joint proposed verdict form.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Trial brief

Trial briefs must not duplicate the joint pretrial statement or proposed order.

Trial briefs shall not duplicate the contents of the joint pretrial statement and proposed order.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Exhibit list

The parties must agree on exhibit-number blocks suited to the case and make a good-faith effort to avoid duplicate marking across their blocks.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Exhibit list

If multiple parties mark the same exhibit, the defendant must withdraw the duplicate but should not renumber its exhibit list.

If the same exhibit is marked by more than one party, the defendant shall withdraw the duplicative exhibit (but should not renumber its portion of the exhibit list).

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Exhibits

At least 21 days before the Pretrial Conference, parties must make good-faith efforts to stipulate to exhibit admissibility or, if that is not possible, at least to authenticity and foundation absent a legitimate objection.

At least 21 days prior to the Pretrial Conference, the parties shall make a good faith effort to stipulate to exhibits’ admissibility. If stipulation is not possible, the parties shall make every effort to stipulate to at least authenticity and foundation absent a legitimate (not tactical) objection.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Exhibit list

The exhibit list should include five specified columns, leaving the identification and admission date columns blank.

The form exhibit list should include the following columns: (1) Exhibit Number; (2) Brief Description; (3) Sponsoring Witness; (4) Date Marked for Identification (left blank); and (5) Date Admitted Into Evidence (left blank).

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Witness list

The witness list should include witness name, a brief testimony summary, and an Exhibits column left blank.

The form witness list should include the following columns: (1) Witness Name; (2) Brief Summary of Testimony; and (3) Exhibits (left blank).

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Joint pretrial statement and proposed order

If the exhibit list is voluminous, Section (h) should be attached as an appendix to the joint pretrial statement and proposed order.

If the list is voluminous, Section (h) should be attached as an appendix to the joint pretrial statement and proposed order.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Jury instructions

The parties should include proposed text for all proposed jury instructions, including agreed preliminary, general, and concluding instructions.

The parties should include proposed text for all proposed jury instructions, even for any form preliminary instructions, general instructions, or concluding instructions on which they agree.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Voir dire questions

In jury trials, the parties are expected to meet and confer and file a joint set of proposed voir dire questions.

In cases tried before a jury, the parties are expected to meet and confer and file a joint set of proposed voir dire questions for the Court to ask.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Verdict form

The parties are expected to meet and confer and file a joint proposed verdict form.

Judge Trina L. Thompson

Checked against the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Exhibit

Exhibits must be identified with tags in the format shown in the Order.

Exhibits shall be identified with tags in the format shown here;

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Exhibits

At least 21 days before the Pretrial Conference, the parties must make a good-faith effort to stipulate to exhibit admissibility, or at least authenticity and foundation if full stipulation is not possible, absent a legitimate objection.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026WARNING

Civil cases

Applies to: Trial

A party’s failure to proceed with trial on the scheduled date may result in jury costs and other appropriate consequences.

Failure of a party to proceed with the trial on the scheduled trial date may result in the assessment of jury costs and the imposition of appropriate

Judge Trina L. Thompson

Checked against the court's document on Oct 4, 2026INFO

Civil cases

Applies to: Updated index

The parties may provide updated indexes if an index was included with the original binders.

The parties may also provide updated indexes for the Court, if an index was provided with the original binders.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026INFO

Civil cases

Applies to: Representative sample

The parties may submit a representative sample to obtain the Court's guidance and resolve the remaining disputes themselves.

However, the parties can provide a representative sample to obtain guidance from the Court so that the parties can resolve their disputes independently.

Chief Judge Yvonne Gonzalez Rogers

Checked against the court's document on Oct 4, 2026INFO

Applies to: Case management statement

In cases involving unrepresented litigants, the parties may file separate case management statements.

In cases involving litigants unrepresented by counsel, the parties may file separate case management statements.

Chief Judge Yvonne Gonzalez Rogers

Checked and corrected to match the court's document on Oct 4, 2026INFO

Civil cases

Applies to: Pretrial statement

The pretrial filing should address other matters that will facilitate just, speedy, and efficient resolution of the action.

Any other matters that will facilitate the just, speedy, and efficient resolution of the action.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026INFO

Civil cases

Applies to: Proposed jury instructions

The parties are encouraged to use Ninth Circuit model instructions where possible or CACI where applicable.

The parties should use the Ninth Circuit Model Jury Instructions where possible or the California Civil Jury Instructions (CACI) where applicable.

Judge Trina L. Thompson

Checked against the court's document on Oct 4, 2026INFO

Civil cases

Applies to: Voir dire

Unless the Court indicates otherwise, the Court will conduct voir dire.

Unless otherwise indicated, the Court will conduct voir dire.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026INFO

Civil cases

Applies to: Voir dire questions

The parties need not include basic biographical subjects in proposed voir dire questions because the Court will ask about them itself.

Note that during voir dire the Court will elicit the jurors’ basic biographical information through its own questioning (e.g., current employment, marital status, past jury service), so those subjects need not be included in the parties’ set of proposed questions.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026INFO

Civil cases

Applies to: Verdict form

If a good-faith conference does not produce agreement, the parties may submit separate proposed verdict forms.

If, after a good faith effort to meet and confer, the parties cannot agree on a joint form, the parties may submit separate proposed verdict forms.

Judge Trina L. Thompson

Checked against the court's document on Oct 4, 2026INFO

Civil cases

Applies to: Trial brief

Filing trial briefs is optional.

Parties are not required to file trial briefs.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026INFO

Civil cases

The parties are encouraged to resolve as many trial issues as possible by stipulation.

The parties are encouraged to resolve as many trial issues by stipulation as possible.

Judge Trina L. Thompson

Checked against the court's document on Oct 4, 2026INFO

Civil cases

Applies to: Voir dire

Unless otherwise indicated, the Court will conduct voir dire.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026INFO

Civil cases

Applies to: Proposed jury instructions

The parties should use Ninth Circuit Model Jury Instructions where possible or CACI where applicable.

The parties should use the Ninth Circuit Model Jury Instructions where possible or the California Civil Jury Instructions (CACI) where applicable.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026INFO

Civil cases

Applies to: Voir dire questions

After good-faith conferral, each party may submit a list of disputed proposed voir dire questions for the venire.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026INFO

Civil cases

Applies to: Voir dire questions

The parties need not include basic biographical topics in proposed voir dire questions because the Court will ask about them.

Judge Trina L. Thompson

Checked and corrected to match the court's document on Oct 4, 2026INFO

Civil cases

Applies to: Verdict form

If a good-faith effort to confer does not produce agreement, the parties may submit separate proposed verdict forms.

If, after a good faith effort to meet and confer, the parties cannot agree on a joint form, the parties may submit separate proposed verdict forms.

Judge Trina L. Thompson

Checked against the court's document on Oct 4, 2026INFO

Civil cases

Applies to: Trial brief

Filing a trial brief is not required.

Parties are not required to file trial briefs.

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Discovery letter brief ?
Must include: certificate of conference ?

Must attest that, prior to filing the request for relief, counsel with full and complete authority on discovery matters met and conferred in person. A telephone meet and confer is permitted only where there is good cause (e.g., plaintiff’s counsel is located on the West coast while defense counsel is located...

Summary: The joint letter brief must attest that counsel with full authority met and conferred in person before filing; a telephonic meet and confer is permitted only with good cause.

Judge Edward M Chen

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Discovery response ?

In responding to requests for production of documents, see Fed. R. Civ. P. 34, a party shall affirmatively state in a written response the full extent to which the party will produce materials. In addition, the party shall, promptly after the production, confirm in writing that the party has produced all such materials so described that have been located after a diligent search of all locations where such materials might plausibly be found.

Summary: A party responding to document requests must state in writing the full extent of production and, promptly after producing, confirm in writing that all materials located after a diligent search have been produced.

Judge Edward M Chen

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Request for court action ?

All requests for the Court to take action shall be made either by stipulation and proposed order or by an appropriate motion filed pursuant to the Civil Local Rules.

Summary: Requests for the Court to take action must be made by stipulation with proposed order or by an appropriate motion, not by letter.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Joint case management statement

No later than fourteen (14) days before the further case management conference, the parties shall file a joint case management statement, not to exceed ten (10) pages, containing the following information:

Summary: The joint case management statement must contain specified information on motions, discovery status, settlement/ADR, bifurcation, and trial readiness.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Amended pleading

All amended pleadings shall attach as an exhibit a redlined or highlighted document showing the changes made to the previously-filed pleading.

Summary: Amended pleadings must attach a redlined or highlighted exhibit showing the changes made to the previously filed pleading.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Stipulation
Must include: proposed order

Before the first brief is filed, the parties must submit a stipulation and proposed order setting a briefing schedule for the cross-motions.

Summary: Before the first cross-motion summary judgment brief is filed, the parties must submit a stipulation and proposed order setting the briefing schedule.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Motion to seal

In addition to complying with Civil Local Rule 79-5, each motion to seal must include a chart, in the format set forth below, that includes the following columns: (1) ECF number or exhibit number of the document sought to be sealed; (2) description or name of the document sought to be sealed; (3) portion(s) of the document to seal; and (4) reason(s) why the document should be sealed, including citation to the applicable declaration. Each separate document for which sealing is sought shall have its own row in the table.

Summary: Every motion to seal must include a chart listing, for each document, the ECF/exhibit number, description, portions to be sealed, and reasons for sealing with citation to the supporting declaration, with a separate row for each document.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Motion to seal ?
Must include: proposed order

In addition, the motion must be accompanied by a proposed order that complies with Civil Local Rule 79-5 and is organized in the following format.

Summary: Each motion to seal must be accompanied by a proposed order complying with Civil Local Rule 79-5 and organized in the specified ECF No./Document/Portion(s) to Seal/Granted-Denied format.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Notice of motion
Must include: certificate of conference ?

In the notice of motion, counsel for the moving party must certify that this meet-and-confer requirement has been satisfied, citing specifically to this section of the Civil Standing Order. If the notice of motion does not include such a certification, the Court may strike the motion and order the moving party to re-file the motion with a certification once the meet-and-confer requirement has been met.

Summary: The notice of motion must certify that the meet-and-confer requirement was satisfied (citing this Standing Order section), and the Court may strike a motion lacking this certification.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Brief

All factual and legal bases for a party's position with respect to a motion must be presented in the briefing on that motion. Arguments presented in earlier-filed briefs or documents may not be incorporated by reference.

Summary: All factual and legal bases for a motion must be presented in that motion's briefing; arguments from earlier-filed briefs or documents may not be incorporated by reference.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Submission containing ai generated content
Must include: ai disclosure ?

Use of generative artificial intelligence tools is not prohibited, but counsel must personally confirm for themselves the accuracy of any research conducted by these means, and counsel alone bears ethical responsibility for all statements made in filings. Any submission containing AI-generated content must include a certification that lead trial counsel has personally verified the content's accuracy. Failure to include this certification or comply with this verification requirement will be grounds for sanctions.

Summary: Any submission containing AI-generated content must include a certification that lead trial counsel personally verified the content's accuracy, and failure to include it is grounds for sanctions.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Motion for summary judgment

Each party is limited to filing one (1) motion for summary judgment. Any party wishing to exceed this limit must request leave of court.

Summary: Each party may file only one motion for summary judgment, and exceeding that limit requires leave of court.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Brief

Where the parties submit cross-motions for summary judgment, only the following briefs will be allowed: (1) opening brief by the plaintiff side; (2) opening/opposition brief by the defense side; (3) opposition/reply brief by the plaintiff side; and (4) reply brief by the defense side. The parties may agree to reverse the order, and to have the defense side file its opening brief first, without order of the Court.

Summary: Cross-motions for summary judgment permit only four briefs in a set sequence (plaintiff opening, defense opening/opposition, plaintiff opposition/reply, defense reply), though the parties may agree to reverse the order without a court order.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Joint status report

At least seven (7) days before the opening brief is filed, the parties shall file a concise joint status report that identifies: (1) the claims, counterclaims, and defenses that remain to be decided; (2) the pleading in which each claim, counterclaim, or defense is asserted; and (3) each claim, counterclaim, defense, or issue for which a party will move for summary judgment.

Summary: The joint status report must identify the remaining claims, counterclaims, and defenses, the pleading in which each is asserted, and each claim or issue that will be the subject of a summary judgment motion.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Motion for summary judgment ?

Any party moving for summary judgment, partial summary judgment, or summary adjudication must include a separate, short and concise statement identifying each claim or defense for which the moving party contends there is no genuine issue to be tried.

Summary: A motion for summary judgment, partial summary judgment, or summary adjudication must include a separate statement identifying each claim or defense for which the movant contends there is no genuine issue to be tried.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Moving separate statement

For each claim, defense, or part thereof, the moving separate statement must: (a) identify the relevant elements or issues; (b) list the asserted material facts establishing or negating those elements or issues; and (c) cite to record evidence demonstrating that the asserted material facts are undisputed (e.g., deposition testimony, declaration, or discovery response).

Summary: The moving separate statement must identify the relevant elements or issues, list the asserted material facts, and cite record evidence showing those facts are undisputed.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Responsive separate statement

partial summary judgment, or summary adjudication must include a responsive separate statement which: (a) incorporates the moving separate statement; (b) indicates whether each of the facts listed in the moving separate statement is disputed or undisputed; and (c) identifies any additional material facts the party contends will establish a genuine issue to be tried. If the opposing party contends that a fact is in dispute, the opposing party must cite to evidence in the record establishing the dispute.

Summary: The opposing party must include a responsive separate statement that incorporates the moving separate statement, indicates whether each fact is disputed or undisputed, identifies additional material facts, and cites record evidence for any fact claimed to be in dispute.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Separate statement

Each separate statement must be signed by counsel or unrepresented party who has reviewed the document and attests as follows: I attest that the evidence cited herein fairly and accurately supports or disputes the facts as asserted.

Summary: Each separate statement must be signed by counsel or an unrepresented party and include the attestation that the cited evidence fairly and accurately supports or disputes the asserted facts.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Separate statement

The separate statements shall not include argument in support of the summary judgment motion and shall not be used to circumvent the page limits that apply to summary judgment briefing. Parties should include only those facts that are actually cited in the briefs. Facts that are not cited in the summary judgment briefs will not be considered.

Summary: Separate statements must not include argument or be used to circumvent briefing page limits, and should include only facts actually cited in the briefs, since uncited facts will not be considered.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Brief

Objections to evidence shall be contained within the objecting party's brief.

Summary: Objections to evidence must be contained within the objecting party's summary judgment brief.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Stipulation or motion for protective order ?

Parties requesting a protective order are encouraged to base any proposed order on the model protective orders on the Northern District of California's website. When filing a proposed protective order, at the very beginning of their stipulation or motion, parties must indicate whether they have based their proposed order on one of the Northern District's model orders.

Summary: At the very beginning of a stipulation or motion filing a proposed protective order, parties must state whether the proposed order is based on one of the Northern District of California's model protective orders (use of the model orders is encouraged).

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Proposed protective order ?

If they have, they must identify any deviations from the model order by submitting as an exhibit a redlined or highlighted comparison of their proposed order and the model order.

Summary: If a proposed protective order is based on a model order, parties must submit as an exhibit a redlined or highlighted comparison identifying any deviations from the model order.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Class settlement preliminary approval documents ?

The proposed notices, claims forms, and other documents associated with preliminary approval should be sent in Microsoft Word format to eklpo@cand.uscourts.gov.

Summary: Proposed notices, claims forms, and other preliminary approval documents should be sent in Microsoft Word format to eklpo@cand.uscourts.gov.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Separate statement

Template for Moving Separate Statement Claim or Defense Moving Party’s Undisputed Facts Opposing Party’s Response & & Supporting Evidence Supporting Evidence

Summary: Moving separate statements must follow the court's template: a three-column table organized by claim or defense and issue, listing the moving party's numbered undisputed facts with record citations and leaving a column for the opposing party's response.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Criminal cases

Applies to: Application to enter guilty plea and order ?

If the defendant is entering an open plea, the defendant and defense counsel shall complete the Application to Enter Guilty Plea & Order form on the Criminal Forms portion of the Court's website, and present the government with a copy of the completed application for review prior to providing the application to the Court at or before the change of plea hearing.

Summary: For an open plea, the defendant and defense counsel must complete the Application to Enter Guilty Plea & Order form from the court's website, present it to the government for review, and provide it to the Court at or before the change of plea hearing.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Criminal cases

Applies to: Stipulated jury instruction

Instructions on which the parties agree must be identified as “Stipulated Jury Instruction No. __ Re _____,” with the blanks filled in as appropriate.

Summary: Agreed-upon jury instructions must be identified as “Stipulated Jury Instruction No. __ Re _____,” with blanks filled in.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Criminal cases

Applies to: Disputed jury instruction ?

If the parties disagree on an instruction, each party’s proposed version of the disputed instruction shall be provided and identified as “Disputed Instruction No. ____ Re ____________ Offered by _________________,” with the blanks filled in as appropriate. All proposed versions of the same instruction shall bear the same number.

Summary: Disputed jury instructions must be identified as “Disputed Instruction No. ____ Re ____ Offered by ____,” and all proposed versions of the same instruction must bear the same number.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Criminal cases

Applies to: Statement of objection to bias video ?

If a party objects to prospective jurors’ viewing this video, the party must file a short statement (not to exceed one page double-spaced) explaining its objection. The party should then alert the Court to its objection at the pretrial conference.

Summary: A party objecting to the unconscious bias video must file a short statement explaining its objection and should alert the Court to the objection at the pretrial conference.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Summary judgment motion

The parties shall not file joint or separate statements of undisputed facts in connection with summary judgment motions.

Summary: Joint or separate statements of undisputed facts are prohibited in connection with summary judgment motions.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Discovery dispute joint letter ?
Must include: proposed order

Both sides must submit proposed orders as well.

Summary: Both sides must submit proposed orders with the joint discovery dispute letter.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Discovery dispute joint letter ?

No exhibits may be submitted with the letter other than an excerpt of the specific discovery request or response that is the subject of the letter.

Summary: No exhibits may accompany the joint discovery letter except an excerpt of the specific discovery request or response at issue.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Protective order stipulation or motion ?

Parties requesting a protective order are encouraged to base any proposed order on the model protective orders on the Northern District's website. When filing a proposed protective order, at the very beginning of their stipulation or motion, parties must indicate whether they have based their proposed order on one of the Northern District's model protective orders.

Summary: Parties filing a protective order stipulation or motion must state at the very beginning whether the proposed order is based on a Northern District model protective order (use of the model is encouraged).

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Protective order stipulation or motion ?

If they have, they must identify any deviations from the model order by submitting as an exhibit a redline comparison of their proposed order and the model order.

Summary: If a proposed protective order is based on a model order, a redline comparison exhibit must be submitted identifying deviations from the model.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Proposed order motion to seal ?

In addition to complying with Civil Local Rule 79-5(c)(3), the proposed order must identify the applicable legal standard and contain a brief explanation of how that standard and the requirements under Civil Local Rule 79-5(c)(1) are met.

Summary: A proposed sealing order must identify the applicable legal standard and briefly explain how that standard and Civil Local Rule 79-5(c)(1) requirements are met.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Complicated motion to seal ?

If counsel has a complicated sealing motion, counsel shall file the Motion to Seal Summary Table linked under the Standing Orders tab of Judge Lin's website.

Summary: Complicated sealing motions must be accompanied by the Motion to Seal Summary Table from Judge Lin's website (Standing Orders tab).

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Expert disclosure ?

All witnesses who will provide expert testimony under Federal Rule of Evidence 702, 703, or 705, whether retained or non-retained, must be disclosed and must provide written reports in compliance with Federal Rule of Civil Procedure 26(a)(2)(B).

Summary: All FRE 702/703/705 expert witnesses, whether retained or non-retained, must be disclosed and must provide written reports complying with FRCP 26(a)(2)(B).

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Expert report

All expert reports shall number each paragraph to facilitate any motion practice challenging the specifics of any opinions and shall include a table of contents.

Summary: Expert reports must number each paragraph and include a table of contents.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Expert report ?

At the beginning of the report, the expert shall list and number each opinion to be proffered in the report and, if applicable, provide an executive opinion of each.

Summary: Expert reports must begin with a numbered list of each opinion to be proffered and, if applicable, an executive summary of each.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Expert disclosure ?

Summary: When disclosing an expert's written report, the party must identify and produce all written materials upon which the expert relies in that report.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Motion for approval of class settlement

In connection with motions for approval of class settlements, the parties shall comply with the requirements set forth in the Northern District's Procedural Guidance for Class Action Settlements.

Summary: Motions for approval of class settlements must comply with the Northern District's Procedural Guidance for Class Action Settlements.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Motion for preliminary approval

If the parties seek an injunction, the motion for preliminary approval must explain why.

Summary: A motion for preliminary approval of a class settlement must explain why the parties are seeking an injunction.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Class notice ?

Summary: Class settlement notices that require a written objection before a class member may appear in court must state that this requirement can be excused for good cause.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Settlement administrator declaration ?

The proposed settlement administrator must submit a declaration in support of the motion for preliminary approval that describes (a) any money or thing of value the administrator will receive in connection with administering the settlement beyond the fee described in the preliminary approval papers, including interest or float on settlement deposits, payments from depository banks, and any revenue-sharing, ownership percentage, or markups on settlement services from payment, claims processing, social media, or other vendors; (b) any amounts that class members or claimants could be charged by the administrator, its vendors, or its subcontractors in connection with the settlement, including interchange fees, dormancy fees, or retention of residual balances; (c) whether data about visitors to the settlement website or other settlement class data will be shared with third parties not involved in administering the settlement, including via trackers or pixels; (d) whether artificial intelligence will be used to administer the settlement by the administrator, its subcontractors, or its vendors and, if so, what safeguards will ensure accuracy and lack of bias; (e) a detailed fraud prevention plan, of which portions may be submitted under seal if necessary and which shall include a discussion of the availability of real-time fraud reporting, assessments to detect if an unusual number of payments are being sent to linked accounts, and measures taken to avoid unnecessary hurdles for valid claimants; and (f) any situations in which the administrator resigned or was terminated or suspended from its settlement administration duties before they were fully completed, and a description of why. To the extent available, the settlement administrator shall also include, for its five most recent class settlements, the total dollars spent on settlement administration (including class notice costs) per valid claim submitted.

Summary: The proposed settlement administrator must submit a declaration with the preliminary approval motion disclosing extra compensation, potential charges to claimants, data-sharing practices, AI use, a detailed fraud prevention plan, prior resignations/terminations, and per-claim administration costs for its five most recent class settlements.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Class counsel declaration ?

Proposed class counsel's declaration shall describe (a) what due diligence counsel performed regarding the proposed administrator's approach to each of the above issues; (b) a description of any potential conflict of interest, or potential appearance of conflict of interest, for counsel or their litigation funder(s) in the selection of the administrator, including any financial relationship and any large gifts over $500; (c) class counsel's assessment of whether settlement funds held in escrow will receive market-rate interest and be held in appropriately risk-free instruments, and the basis for that assessment; and (d) the basis for counsel's conclusion that the proposed administration arrangements serve the best interests of the settlement class.

Summary: Proposed class counsel's declaration must describe counsel's due diligence on the administrator, any potential conflicts of interest (including litigation funder relationships and large gifts over $500), the escrow interest/risk assessment, and the basis for concluding the administration arrangements serve the class's best interests.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Class notice ?

Proposed notices must be written in plain language without unnecessary acronyms.

Summary: Proposed class notices must be written in plain language without unnecessary acronyms.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Motion for preliminary approval ?

The motion must discuss whether notice by email and/or social media, use of online claims and opt-out forms, and a website for the settlement are appropriate, and if not, explain why not.

Summary: The preliminary approval motion must discuss whether email/social media notice, online claims and opt-out forms, and a settlement website are appropriate, and explain why not if they are not.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Email notice

Any email notice shall include a plan for updating email addresses and making a second attempt at notice if the emails bounce back.

Summary: Any email notice must include a plan for updating email addresses and re-attempting notice if emails bounce back.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Social media notice plan ?

Any social media or online publication notice plan shall explain in detail how widespread viewing of the notice by likely class members will be accomplished.

Summary: Any social media or online publication notice plan must explain in detail how widespread viewing of the notice by likely class members will be accomplished.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Motion for preliminary approval ?

In a proposed settlement involving the distribution of money to a class, the motion must discuss whether unclaimed funds should be redistributed to class members who claimed their share, and if not, explain why not.

Summary: In money-distribution class settlements, the motion must discuss whether unclaimed funds will be redistributed to claiming class members, and explain why not if they will not.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Motion for preliminary approval ?

If the settlement requires class members to file claims, as opposed to simply receiving checks, the motion must address why that is appropriate.

Summary: If the settlement requires class members to file claims rather than simply receiving checks, the motion must address why that is appropriate.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Securities amended complaint chart ?

If a motion to dismiss is granted with leave to amend, a new chart must be filed with the amended complaint. That new chart may not include alleged misstatements that were not included in the prior chart, absent leave of Court or stipulation by the parties pursuant to Federal Rule of Civil Procedure 15.

Summary: When a motion to dismiss is granted with leave to amend, a new chart must be filed with the amended complaint and may not include alleged misstatements absent from the prior chart without leave of Court or an FRCP 15 stipulation.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Securities complaint chart ?

Summary: Securities plaintiffs must file a chart specifically identifying each allegedly false or misleading statement, the speaker, date, and medium, the reasons it was false or misleading when made, and the facts showing the defendant(s) knew it was false and/or misleading.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Securities complaint chart ?

The chart must strictly adhere to the allegations in operative complaint and may not include any new or supplemental information or explanation.

Summary: The securities chart must strictly adhere to the allegations in the operative complaint and may not include any new or supplemental information or explanation.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Proposed jury instructions

If either party believes that a dispute about jury instructions must be resolved before opening statements, it must be raised when the proposed jury instructions are filed and at the pretrial conference.

Summary: Instruction disputes that must be resolved before opening statements must be raised both when the proposed instructions are filed and at the pretrial conference.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Proposed supplemental juror questionnaire ?

The questionnaire includes standard questions that are asked in every case, as well as a maximum of ten supplemental questions specific to a given case. One of those questions will ask about scheduling conflicts, so the parties should propose nine other questions.

Summary: The proposed supplemental juror questionnaire may contain a maximum of ten supplemental questions, one of which addresses scheduling conflicts, so the parties should propose nine other questions.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Proposed jury instructions

The parties shall file a joint set of proposed jury instructions, arranged in the order the parties propose the Court give the instructions.

Summary: The parties must file a joint set of proposed jury instructions arranged in the order they propose the Court give them.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Proposed jury instructions ?

Instructions upon which the parties agree shall be identified as “Stipulated Instruction No. ____ Re ___________,” with the blanks filled in as appropriate.

Summary: Agreed jury instructions must be captioned as “Stipulated Instruction No. ____ Re ___________” with the blanks filled in.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Proposed jury instructions ?

Summary: For disputed jury instructions, each party’s version must be identified as “Disputed Instruction No. ____ Re ____________ Offered by _________________” and all versions of the same instruction must bear the same number.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Proposed jury instructions ?

If the parties dispute whether a particular instruction should be given at all, the proponent of the instruction shall provide proposed language, identified as “Disputed Instruction No. ____ Re ____________ Offered by _________________,” with the blanks filled in as appropriate.

Summary: When parties dispute whether an instruction should be given at all, the proponent must supply proposed language identified as “Disputed Instruction No. ____ Re ____________ Offered by _________________.”

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial conference statement

The parties shall file a Joint Pretrial Conference Statement that contains the following: a. a brief description of all claims and defenses that remain to be decided (including whether any issues are for the Court to decide rather than the jury); b. a statement of all relief sought; c. a statement of all relevant stipulated or undisputed facts; d. a list of all witnesses reasonably anticipated to be called at trial by each side; e. a chart of the probable trial witnesses that lists, for each witness, a brief description of the topic of the testimony (e.g., "eyewitness to accident" or "expert on standard of care"), estimated time for direct examination, estimated time for cross examination, and any special considerations (e.g., use of an interpreter or, if multiple witnesses are proposed for the same topic, why the testimony is non-duplicative); and

Summary: The Joint Pretrial Conference Statement must include a description of remaining claims and defenses, all relief sought, stipulated or undisputed facts, each side's anticipated witness list, and a chart of probable trial witnesses with testimony topics, estimated direct and cross examination times, and special considerations.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Motion in limine

Unless otherwise ordered by the Court, each party is limited to bringing ten motions in limine.

Summary: Absent a Court order, each party is limited to ten motions in limine.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Involved individuals list ?

The parties shall jointly file, and send in Word format to rflpo@cand.uscourts.gov, a list of people involved in the case. This list will be shown to prospective jurors during jury selection. The list should include counsel, members of the legal team who will sit at counsel table, the parties, the potential witnesses, and any other people significantly involved in the case. The list should be in alphabetical order by last name. Though the list may indicate titles (e.g., Dr. __ or Sergeant ____), it should not include information about the party with whom the individual is affiliated or their role (e.g., witness, etc.).

Summary: The parties must jointly file an involved individuals list including counsel, legal team members at counsel table, parties, potential witnesses, and other significantly involved people, in alphabetical order by last name and without party-affiliation or role information.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Proposed verdict form

The parties shall file either a joint proposed verdict form, or, if they disagree, separate proposed verdict forms. Judge Lin prefers general verdict forms and generally does not approve special interrogatories in verdict forms unless there is a good reason. If a party proposes using special interrogatories, it must explain why doing so is appropriate by adding a footnote with that explanation to its proposed verdict form.

Summary: The parties must file a joint proposed verdict form (or separate forms if they disagree); Judge Lin prefers general verdict forms, and any proposed special interrogatories must be justified in an explanatory footnote.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Statement of the case

The parties shall jointly file a proposed simplified Statement of the Case to be read to the jury during voir dire.

Summary: The parties must jointly file a proposed simplified Statement of the Case to be read to the jury during voir dire.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit list

The parties shall file a joint exhibit list in tabular form with the following columns: (1) exhibit number; (2) name or brief description of the exhibit; (3) the exhibit's purpose and sponsoring witness; (4) a brief description of any objections to the admissibility of the exhibit or, alternatively, a statement that the parties have stipulated to the exhibit's admissibility; (5) a brief response to any objections; and (6) a blank column for the Court's use. Failure to comply with this paragraph could be deemed a waiver of all objections. Do not submit blanket or boilerplate objections to the opposing party's exhibits; those will be disregarded and overruled.

Summary: The parties must file a joint exhibit list in tabular form with six specified columns; noncompliance may be deemed a waiver of all objections, and blanket or boilerplate objections will be disregarded and overruled.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Trial exhibits

The parties must jointly prepare a single set of all trial exhibits that will be the official record and, if applicable, used on appeal.

Summary: Parties must jointly prepare a single set of all trial exhibits to serve as the official record and, if applicable, the appellate record.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Audio video exhibit transcript ?

The parties must provide agreed-upon written transcripts of the content of any audio or video exhibit to be used at trial. Failure to provide an agreed-upon transcript by the day an exhibit is offered will preclude the exhibit's admission.

Summary: Agreed-upon written transcripts must be provided for any audio or video exhibit used at trial, and failure to do so by the day the exhibit is offered precludes its admission.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit list

At the close of evidence, before closing arguments, the parties must confer with the Courtroom Deputy to make sure the exhibits in evidence are in good order. At that time, the parties shall also agree upon an exhibit list of admitted exhibits with neutral descriptions, and shall load all admitted exhibits and the agreed-upon exhibit list onto Jury PC, which will be used to view the evidence during deliberations.

Summary: At the close of evidence and before closing arguments, the parties must confer with the Courtroom Deputy, agree on an exhibit list of admitted exhibits with neutral descriptions, and load all admitted exhibits and the list onto Jury PC for deliberations.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Deposition designations ?

In the same filing, the parties shall attach all excerpts of deposition testimony referenced in their designations and/or counter-designations, including the portions to which there are no objections.

Summary: The designations filing must attach all referenced deposition testimony excerpts, including unobjected-to portions.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Prior statement hard copies ?

If you wish to question a witness about a prior inconsistent or consistent statement, you must have hard copies of the prior statement for the Court and the opposing party to review at sidebar.

Summary: Hard copies of a prior inconsistent or consistent statement must be provided for the Court and the opposing party to review at sidebar before questioning a witness about it.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Transcript of recording ?

If you plan to play an audio or video recording, you must have hard copies of the transcript, if one exists. If you do not, the Court cannot determine whether the statement is inconsistent or consistent, and you will not be allowed to read or play the statement. The Court may require you to read or play a longer excerpt to give the jury appropriate context, so be sure you are prepared to do so, including if you plan to play a recording.

Summary: Hard copies of the transcript (if one exists) must accompany any audio or video recording to be played at trial, or the party will not be allowed to read or play the statement, and the party must be prepared to play a longer excerpt for context if the Court requires.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit notice ?

party shall provide any objections to such exhibits and shall provide a list of all exhibits to be used with the same witness on cross-examination (other than for impeachment).

Summary: For each witness, a party must provide any objections to proposed exhibits and a list of all exhibits to be used with that witness on cross-examination (other than for impeachment).

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Proposed findings conclusions ?

All factual findings must be supported by citations to all pertinent portions of the record; therefore, arranging for daily transcripts is strongly recommended.

Summary: All factual findings in proposed findings must be supported by citations to all pertinent portions of the record, and arranging daily transcripts is strongly recommended.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Amended pleading

If a party files an amended pleading, they shall concurrently file a redlined or highlighted version comparing the amended pleading to the prior operative pleading.

Summary: A redlined or highlighted comparison to the prior operative pleading must be filed concurrently with any amended pleading.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Joint case management statement

The initial case schedule will include a date, about 60 days before the cut-off date, by which the parties must submit a joint case management statement in which they shall expressly discuss any anticipated discovery disputes.

Summary: The parties must submit a joint case management statement about 60 days before the discovery cut-off that expressly discusses any anticipated discovery disputes.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Protective order stipulation or motion ?

Summary: When filing a proposed protective order, parties must state at the very beginning of the stipulation or motion whether the proposed order is based on a Northern District model protective order.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Protective order stipulation or motion ?

If they have, they must identify any deviations from the model order by submitting as an exhibit a redline comparison of their proposed order and the model order.

Summary: If a proposed protective order is based on a model protective order, the parties must submit a redline comparison exhibit identifying any deviations from the model order.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Motion to seal ?

The filing party must make a specific showing as to each statement or document to be sealed. Blanket requests that make generic reference to "competitive harm" are almost always insufficient. If a party files a request that is significantly overbroad or fails to provide a specific reason for sealing, the Court will consider denying the request in its entirety and placing all documents sought to be sealed on the public docket.

Summary: A motion to seal must make a specific showing for each statement or document to be sealed, and overbroad or generic requests may be denied in their entirety with the documents placed on the public docket.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Proposed order motion to seal ?

Summary: A proposed order accompanying a sealing request must identify the applicable legal standard and briefly explain how that standard and Civil Local Rule 79-5(c)(1) are met.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Motion to seal

If counsel has a complicated sealing motion, counsel shall file the Motion to Seal Summary Table linked under the Standing Orders tab of Judge Lin's website.

Summary: Complicated sealing motions must be accompanied by the Motion to Seal Summary Table from the Standing Orders tab of Judge Lin's website.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Expert disclosure ?

Summary: All FRE 702/703/705 expert witnesses, whether retained or non-retained, must be disclosed and must provide FRCP 26(a)(2)(B)-compliant written reports.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Expert report

All expert reports shall number each paragraph to facilitate any motion practice challenging the specifics of any opinions and shall include a table of contents.

Summary: Expert reports must number every paragraph and include a table of contents.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Expert report ?

At the beginning of the report, the expert shall list and number each opinion to be proffered in the report and, if applicable, provide an executive opinion of each.

Summary: Expert reports must begin with a numbered list of each opinion to be proffered and, if applicable, an executive opinion of each.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Expert report ?
Must include: exhibit list ?

Summary: When disclosing an expert report, the disclosing party must identify and produce all written materials upon which the expert relied.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Motion for approval of class settlements

In connection with motions for approval of class settlements, the parties shall comply with the requirements set forth in the Northern District’s Procedural Guidance for Class Action Settlements.

Summary: Parties moving for approval of class settlements must comply with the Northern District's Procedural Guidance for Class Action Settlements, plus additional requirements that follow.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Motion for preliminary approval

The Court disfavors injunctions of current or future litigation in other courts based on conduct covered by the release, because the issue is generally better addressed by the assigned judges for such cases. If the parties seek an injunction, the motion for preliminary approval must explain why.

Summary: A motion for preliminary approval that seeks an injunction of other litigation must explain why the injunction is sought.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Class notice ?

Summary: If a class notice requires a written objection as a prerequisite to appearing in court, the notice must state that this requirement may be excused upon a showing of good cause.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Settlement administrator declaration ?
Must include: ai disclosure ?

Summary: The proposed settlement administrator must submit a declaration with the preliminary approval motion disclosing extra compensation, potential claimant charges, data sharing, AI use and safeguards, a detailed fraud prevention plan (portions of which may be submitted under seal if necessary), prior resignations/terminations/suspensions, and administration cost per claim for its five most recent class settlements.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Preliminary approval motion ?

performed regarding the proposed administrator’s approach to each of the above issues; (b) a description of any potential conflict of interest, or potential appearance of conflict of interest, for counsel or their litigation funder(s) in the selection of the administrator, including any financial relationship and any large gifts over $500; (c) class counsel’s assessment of whether settlement funds held in escrow will receive market-rate interest and be held in appropriately risk-free instruments, and the basis for that assessment; and (d) the basis for counsel’s conclusion that the proposed administration arrangements serve the best interests of the settlement class.

Summary: Preliminary approval papers must address counsel's diligence regarding the proposed administrator, any conflicts of interest (including litigation funder relationships and gifts over $500), the escrow interest and risk assessment, and the basis for concluding the administration arrangements serve the class's best interests.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Proposed notice

Proposed notices must be written in plain language without unnecessary acronyms.

Summary: Proposed class notices must be written in plain language without unnecessary acronyms.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Motion for preliminary approval ?

The motion must discuss whether notice by email and/or social media, use of online claims and opt-out forms, and a website for the settlement are appropriate, and if not, explain why not.

Summary: The preliminary approval motion must discuss whether email/social media notice, online claims and opt-out forms, and a settlement website are appropriate, and if not, explain why not.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Email notice

Any email notice shall include a plan for updating email addresses and making a second attempt at notice if the emails bounce back.

Summary: Any email class notice must include a plan for updating email addresses and making a second attempt at notice if emails bounce back.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Social media notice plan ?

Any social media or online publication notice plan shall explain in detail how widespread viewing of the notice by likely class members will be accomplished.

Summary: Any social media or online publication notice plan must explain in detail how widespread viewing of the notice by likely class members will be accomplished.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Motion for preliminary approval ?

Summary: In money-distribution class settlements, the motion must discuss whether unclaimed funds should be redistributed to claiming class members, and if not, explain why not.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Motion for preliminary approval ?

If the settlement requires class members to file claims, as opposed to simply receiving checks, the motion must address why that is appropriate.

Summary: If the settlement requires class members to file claims rather than simply receive checks, the motion must address why that is appropriate.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Final approval motion

The final approval motion shall include an update from the settlement administrator on any notice problems, repeated issues of confusion among claimants, or fraud issues.

Summary: The final approval motion must include a settlement administrator update on notice problems, claimant confusion, or fraud issues.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Final approval motion ?

If the notice plan included social media or online publication notice, the settlement administrator shall also provide information about the number of impressions, settlement website views, claim forms begun, and claim forms completed.

Summary: If the notice plan used social media or online publication, the settlement administrator must also provide metrics on impressions, website views, and claim forms begun and completed.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Post distribution accounting

In addition to the information contained in the Guidance, the post-distribution accounting must discuss any significant or recurring concerns communicated by class members to the settlement administrator or counsel since final approval, any fraud or other issues in settlement administration since final approval, and how any concerns or issues were resolved. The Post-Distribution Accounting shall also include the administrator’s calculation of the total dollars spent on settlement administration (including class notice costs) per valid claim submitted.

Summary: The Post-Distribution Accounting must discuss class member concerns, fraud or administration issues and their resolution, and include the administrator's calculation of total administration dollars spent per valid claim.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Proposed findings conclusions ?

the parties must also file joint proposed undisputed findings of fact and conclusions of law, and separately file disputed findings of fact and conclusions of law

Summary: Undisputed findings of fact and conclusions of law must be filed jointly, while disputed findings must be filed separately.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Proposed findings conclusions ?

All factual findings must be supported by citations to all pertinent portions of the record.

Summary: All factual findings must cite all pertinent portions of the record.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Proposed findings conclusions ?

Proposed findings of fact and conclusions of law shall be brief, written in plain English, and free of pejorative language.

Summary: Proposed findings of fact and conclusions of law must be brief, in plain English, and free of pejorative language.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Joint claim construction statement

The Court will generally construe no more than ten terms. If more than ten terms are at issue, the parties must meet and confer before the preparation of the joint claim construction statement to narrow the number of terms to be construed by the Court and shall jointly propose the ten terms requiring construction.

Summary: The Court generally construes no more than ten terms; if more are at issue, the parties must meet and confer before preparing the joint claim construction statement and jointly propose the ten terms for construction.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Request for leave to designate additional claim construction terms ?

If a party genuinely believes 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.

Summary: A party seeking to designate more than ten claim construction terms must request leave under Civil Local Rule 7-11, demonstrating good cause and explaining why other limiting methods would be ineffective.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Joint claim construction statement

hearing or schedule a second claim construction proceeding on the excess terms. 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.

Summary: No more than ten terms may be submitted for claim construction without leave of court; the Court will construe only the first ten terms listed in the joint claim construction statement, with any additional hearing or second proceeding reserved for excess terms.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Securities chart ?

Summary: The PSLRA chart must identify each allegedly false or misleading statement, the speaker/date/medium, why it was false when made, and facts showing defendants knew it was false or misleading, organized in a tabular format with columns for statement number, statement, speaker(s)/date(s)/medium, reasons, and facts supporting a strong inference of scienter.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Securities chart ?

The chart must strictly adhere to the allegations in operative complaint and may not include any new or supplemental information or explanation.

Summary: The PSLRA chart must strictly adhere to the allegations in the operative complaint and may not include any new or supplemental information or explanation.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Amended complaint

Summary: When a motion to dismiss is granted with leave to amend, a new chart must be filed with the amended complaint and may not include alleged misstatements not in the prior chart absent leave of Court or an FRCP 15 stipulation.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Audio visual exhibits ?

Visual or audio exhibits shall be submitted to the Court as digital courtesy copies on portable media (e.g., a flash drive) and online location designation by the Clerk's Office. See Civ. L.R. 5-1(g)(4).

Summary: Visual or audio exhibits must be submitted as digital courtesy copies on portable media (e.g., a flash drive) with an online location designated by the Clerk's Office.

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Motion to seal

When submitting a motion to seal, the filing party must state whether the compelling reasons or good cause standard applies and explain why. See Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1178–82 (9th Cir. 2006).

Summary: Motions to seal must state whether the compelling reasons or good cause standard applies and explain why.

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Motion to seal ?

The filing party must make a specific showing explaining why each document that it seeks to seal may justifiably be sealed and why the proposed redactions are as narrowly tailored as possible, rather than making blanket statements about the grounds for sealing. Generic and vague references to “competitive harm” are almost always insufficient justification for sealing.

Summary: Sealing requests must include a specific, document-by-document showing of justifiable sealing and narrowly tailored redactions; blanket statements and vague 'competitive harm' references are almost always insufficient.

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order

Any proposed order under Civil Local Rule 79-5(c)(3) must include in the table for each item sought to be sealed: (1) the docket numbers of the public and provisionally sealed versions of documents sought to be filed under seal; (2) the name of the document; (3) the specific portion(s) of the document sought to be filed under seal; and (4) the filer's reasons for seeking sealing of the material, along with citations to the relevant declarations and any supporting legal authority.

Summary: Proposed sealing orders under Civil Local Rule 79-5(c)(3) must include a table listing, for each sealed item, the docket numbers of public and provisionally sealed versions, the document name, the specific portions to be sealed, and the filer's reasons with supporting citations.

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Declaration
Must include: proposed order

Any declaration by a Designating Party under Civil Local Rule 79-5(f)(3) must include a new proposed order in the tabular format required by Civil Local Rule 79-5(c)(3) that includes the Designating Party's reasons for sealing the material.

Summary: A Designating Party's declaration under Civil Local Rule 79-5(f)(3) must include a new proposed order in the tabular format required by Civil Local Rule 79-5(c)(3) stating the Designating Party's reasons for sealing the material.

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management statement

Unless otherwise ordered, the parties must file a joint case management statement addressing those items required by the Standing Order for all Judges of the Northern District of California. Parties must not incorporate prior case management statements by reference.

Summary: Unless otherwise ordered, parties must file a joint case management statement addressing the items required by the Standing Order for all Judges, and may not incorporate prior case management statements by reference.

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Motion for summary judgment

Motions for summary judgment must comply with Civil Local Rule 7 in all respects.

Summary: Motions for summary judgment must fully comply with Civil Local Rule 7.

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Motion for summary judgment ?

Joint statements of undisputed facts are not required but are helpful if completely agreed upon. Separate statements of undisputed facts may not be filed.

Summary: Joint statements of undisputed facts are optional (and helpful only if fully agreed), but separate statements of undisputed facts are prohibited.

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Case management statement ?

In addition to the required Case Management Conferences in Judge Thompson's Civil Standing Order ¶¶ 12–15, Parties shall include proposed dates commensurate with the Local Patent Rules 3-1 through 3-4 and 4-1 through 4-6.

Summary: The initial case management statement must include proposed dates commensurate with Local Patent Rules 3-1 through 3-4 and 4-1 through 4-6, in addition to the case management conference dates required by the Civil Standing Order.

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Joint claim construction statement

The initial joint claim construction statement required by Patent Local Rule 4-3 must be truly joint. Disputed terms, phrases, and clauses must be designated as disputed. All other terms will be presumed to be undisputed. For any term in dispute, the parties must agree on the identity of the term. With regards to disputed terms, phrases, or clauses, the joint statement will list each disputed term, phrase, or clause (listed by claim); each party's proposed construction; and support for each party's proposed construction side by side. A model claim construction statement is attached to this Order.

Summary: The joint claim construction statement must be truly joint, designate disputed terms, and list each disputed term (by claim) with each party's proposed construction and supporting authority side by side.

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Request for leave to designate additional claim terms ?

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.

Summary: A party seeking leave to construe more than ten terms must demonstrate good cause and explain why other limiting methods (such as representative terms or grouping) would be ineffective.

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Claim construction tutorial ?

At least 30 days before the claim construction hearing, the parties shall, separately or jointly, submit a pre-recorded tutorial of no more than 45 minutes per side that presents a short summary and explanation of the technology at issue (see Patent Local Rule 4-5(a)), via portable media (e.g., flash drive or DVD). Nonargumentative demonstrations and visual aids are

Summary: The claim construction tutorial must be pre-recorded, no more than 45 minutes per side, present a short summary and explanation of the technology at issue, and be submitted via portable media; nonargumentative demonstrations and visual aids are further addressed.

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management status report

Upon issuance of the claim construction ruling, the Court will also set a date for the filing of a further joint case management status report. In that report, the parties must address the following topics: whether either party wishes the Court to certify the claim construction ruling for immediate appeal to the Federal Circuit; the filing of dispositive motions, and the timing of those motions; if willful infringement has been asserted, whether the allegedly-infringing party wishes to rely on the advice of counsel defense—if so, the parties should be prepared to address proposals for resolving any attorney-client privilege issues that arise, and whether the parties believe bifurcation of the trial into liability and damages phases would be appropriate; proposed deadlines and court dates for the remainder of the case schedule; any other pretrial matters; and the progress of settlement discussions, if any.

Summary: After the claim construction ruling, the parties must file a further joint case management status report (on a date set by the Court) addressing Federal Circuit certification, dispositive motions, advice-of-counsel/privilege and bifurcation issues, proposed deadlines, other pretrial matters, and settlement progress.

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Criminal cases

Applies to: Joint pretrial statement

A joint pretrial statement shall be filed at least seven days prior to the Pretrial Conference and shall address all the items listed in Criminal Local Rule 17.1-1(b).

Summary: The joint pretrial statement must address all the items listed in Criminal Local Rule 17.1-1(b).

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Criminal cases

Applies to: Trial memorandum

Serve and file a trial memorandum that briefly states the legal bases for the charges and the anticipated evidence, and addresses any evidentiary, procedural, or other anticipated legal issue;

Summary: The government and defense counsel must serve and file a trial memorandum at least seven days before the pretrial conference stating the legal bases for the charges, anticipated evidence, and anticipated legal issues.

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Criminal cases

Applies to: Witness list

Serve and file a witness list that includes a brief summary of the testimony of each witness; and

Summary: The government and defense counsel must serve and file a witness list at least seven days before the pretrial conference that includes a brief summary of each witness's testimony.

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Criminal cases

Applies to: Exhibit list

Serve and file exhibit lists and serve copies of all marked exhibits on all parties. Each Defendant shall use 101–200—modified to meet the needs of the case. The parties shall refer to the “EXHIBITS” portion of this order for further instruction on exhibits.

Summary: The parties must serve and file exhibit lists at least seven days before the pretrial conference, and defendants must use exhibit numbers 101–200 (modified as needed).

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Criminal cases

Applies to: Proposed jury instructions

Summary: All parties must jointly meet and confer and serve and file a joint set of proposed jury instructions, arranged in proposed order, using Ninth Circuit Model instructions where possible.

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Criminal cases

Applies to: Proposed voir dire questions

Serve and file proposed voir dire questions. The parties shall meet and confer and file a joint set of proposed voir dire questions for the Court to ask.

Summary: The parties must meet and confer and file a joint set of proposed voir dire questions for the Court to ask.

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Criminal cases

Applies to: Proposed verdict form

Serve and file verdict forms. The parties shall meet and confer and file a joint proposed verdict form, if they can agree. If, after a good faith effort to meet and confer, the parties cannot agree on a joint form, the parties may submit separate proposed verdict forms.

Summary: The parties must meet and confer and file a joint proposed verdict form if they can agree; otherwise each party may submit its own proposed verdict form.

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Criminal cases

Applies to: Trial exhibits

The parties are to jointly prepare a single set of trial exhibits. Each item shall be pre-marked with a trial exhibit sticker ("Trial Exhibit No. "), not a deposition exhibit label, and defendant's exhibit numbers shall be sequenced to begin after the government's exhibit numbers.

Summary: The parties must jointly prepare a single set of trial exhibits pre-marked with trial exhibit stickers (not deposition labels), with the defendant's exhibit numbers beginning after the government's.

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Criminal cases

Applies to: Trial exhibits ?

The parties shall agree on blocks of numbers to fit the needs of the case (e.g., the Government has 1–100, Defendant has 101–200) and make a good faith effort to avoid marking the same exhibit in their respective blocks. If the same exhibit is marked by more than one party, the Defendant shall withdraw the duplicative exhibit (but should not renumber its portion of the exhibit list.).

Summary: The parties must agree on non-overlapping exhibit number blocks and avoid duplicate markings; if duplication occurs, the defendant must withdraw the duplicative exhibit without renumbering its portion of the exhibit list.

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Criminal cases

Applies to: Written request to bring technology into courthouse ?
Must include: proposed order

The parties must file a written request and proposed order no later than seven days prior to the beginning of trial if they wish to bring any such technology into the Courthouse.

Summary: Parties wishing to bring technology into the Courthouse must file a written request and proposed order no later than seven days before trial begins.

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.CRITICAL?

Applies to: Joint case management statement

No later than seven days before the initial case management conference, the parties shall file a Joint Case Management Statement in full compliance with Civil Local Rule 16-9 and the Northern District of California’s standing order entitled “Contents of Joint Case Management Statement.” For further case management conferences, the parties shall file an updated joint statement seven days before the scheduled conference.

Summary: Parties must file a Joint Case Management Statement at least seven days before the initial case management conference, and updated statements seven days before each further conference.

Magistrate Judge Ajay S. Krishnan

The quote is in the court's document. The summary is not checked yet.WARNING?

Civil cases

Applies to: Emergency conference request ?

If possible, the parties shall provide a short (one paragraph) description of the dispute prior to any conference call.

Summary: If possible, parties must provide a short one-paragraph description of the dispute before an emergency conference call.

Judge Edward M Chen

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Joint case management statement

The joint case management statement shall comply with the "Standing Order for All Judges of the Northern District of California – Contents of Joint Case Management Statement" and Civil Local Rule 16-9. In their joint case management statement for the initial case management conference, the parties must propose a full litigation schedule, including a proposed last day to amend pleadings as well as a deadline to complete ADR.

Summary: Joint case management statements must comply with the Standing Order on CMC statement contents and Civil Local Rule 16-9, and the initial statement must propose a full litigation schedule including a last day to amend pleadings and an ADR completion deadline.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Mid discovery conference request ?

If any party believes a conference is needed, the party shall identify the issue(s) that require the Court's attention and detail the efforts that the parties have made to resolve the issue. Such requests should be made on an extremely limited basis after extensive efforts to meet and confer in person or by videoconference.

Summary: Requests for a mid-discovery conference must identify the issues requiring the Court's attention and detail the parties' meet-and-confer efforts, and should be made only sparingly after extensive meet-and-confer efforts in person or by videoconference.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Proposed order

Proposed orders submitted in connection with motions for injunctive relief should state the specific relief sought.

Summary: Proposed orders filed with motions for injunctive relief should state the specific relief sought.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Generative ai prompt records ?

Counsel is responsible for maintaining records of all prompts or inquiries submitted to any generative AI tools in the event those records become relevant at any point.

Summary: Counsel must maintain records of all prompts or inquiries submitted to any generative AI tools in case those records become relevant.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Reply separate statement

The moving party may file a reply separate statement which incorporates and responds to the responsive separate statement in the same manner described above. The reply separate statement shall not introduce any new asserted material facts.

Summary: The moving party may file a reply separate statement responding to the responsive separate statement, but it shall not introduce any new asserted material facts.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Proposed order granting final approval

The Court will typically withhold between 10% and 20% of the attorneys’ fees granted at final approval until after the Post-Distribution Accounting has been filed. The proposed order granting final approval should specify what percentage class counsel believes it should withhold.

Summary: The Court typically withholds 10-20% of attorneys' fees until the Post-Distribution Accounting is filed, and the proposed final approval order should state the percentage counsel believes appropriate to withhold.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Separate statement ?

Disputed. Plaintiff timely paid the premiums required by the policy. Smith Dep. 22:4-23:19.

Summary: Opposing party responses to each fact must state whether the fact is 'Undisputed' or 'Disputed' and cite supporting evidence for any dispute.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Separate statement ?

Opposing Party’s Additional Material Facts on this Issue Additional Fact 1. Defendant has failed to record Plaintiff’s timely premium payments on two prior occasions. Smith Dep. 72:8-14. [Left blank for moving party’s reply]

Summary: The separate statement must include a section for the opposing party's additional material facts on each issue, with a column left blank for the moving party's reply.

Judge Eumi K. Lee

The quote is in the court's document. The summary is not checked yet.WARNING?

Criminal cases

Applies to: Proposed jury instructions ?

The parties should indicate the relevant authority for a proposed instruction.

Summary: Proposed jury instructions should indicate the relevant authority supporting them.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Criminal cases

Applies to: Proposed jury instructions ?

The parties should almost always use the Ninth Circuit Model Jury Instructions and, if a modification is proposed, should clearly identify any changes to the model instructions via highlighting or redline.

Summary: Proposed jury instructions should be based on the Ninth Circuit Model Jury Instructions, with any modifications clearly identified via highlighting or redline.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Criminal cases

Applies to: Proposed description of case ?

Again, the description of the case should not refer to the indictment or to the United States Code unless there’s a compelling reason to do so.

Summary: The proposed description of the case should not refer to the indictment or the United States Code absent a compelling reason.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Criminal cases

Applies to: Involved individuals list ?

The list should include counsel, the defendant or defendants, potential witnesses, and any other people significantly involved in the case.

Summary: The involved-individuals list should include counsel, the defendant(s), potential witnesses, and any other people significantly involved in the case.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Document filed under seal

In the rare situation where a party believes it is appropriate to seal an entire document, the document filed under seal should be labeled to indicate that sealing is sought in full.

Summary: Documents for which full sealing is sought must be labeled to indicate that sealing is sought in full.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Proposed order

Proposed orders are not necessary for most substantive motions, such as motions for summary judgment, motions to dismiss, or preliminary injunction motions. The parties should submit proposed orders only in connection with administrative motions, ex parte applications, discovery disputes, and rulings that call upon the court to make factual findings (such as a motion to approve a class settlement or a motion for attorneys' fees).

Summary: Proposed orders should be submitted only with administrative motions, ex parte applications, discovery disputes, and rulings requiring factual findings — not with most substantive motions (e.g., summary judgment, motions to dismiss, preliminary injunctions).

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Filing

Summary: Generative AI use is not prohibited, but counsel and self-represented litigants must personally confirm the accuracy of AI-assisted research and bear sole ethical responsibility for all statements in filings.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Class settlement release and notice ?

Release language should make clear that the class members are releasing claims based only on the identical factual predicate. Each proposed notice should make that clear as well.

Summary: Class settlement release language and each proposed notice should make clear that class members are releasing claims based only on the identical factual predicate.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Class notice ?

The Court will require only substantial compliance with the requirements for submitting an objection, and this should be made clear in any notice to class members.

Summary: Notices to class members must make clear that the Court will require only substantial compliance with the objection submission requirements.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Class notice ?

The parties should consider using the Notice Project's model notices, which are available online. Parties should also ensure that the issues in the Federal Judicial Center's Notice Checklist, are covered.

Summary: Parties should consider using the Notice Project's model notices and should ensure that the issues in the Federal Judicial Center's Notice Checklist are covered.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Notice plan

The notice plan should address whether a significant portion of the class does not speak English and if so, whether class notice in other language(s) should be provided.

Summary: The notice plan must address whether a significant portion of the class does not speak English and, if so, whether notice in other languages should be provided.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Attorneys fees motion ?

If the lodestar is on the high side in light of the stage of the case, attorneys should support their motion with detailed billing records, which they may seek to file under seal.

Summary: When the lodestar is high relative to the stage of the case, attorneys should support the fees motion with detailed billing records, which may be filed under seal.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Proposed order final approval ?

The proposed order granting final approval should list all dates relating to the administration of the settlement, including the dates for when the checks distributing the settlement fund payments will be mailed to class members.

Summary: The proposed order granting final approval should list all settlement administration dates, including the dates settlement checks will be mailed to class members.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Settlement notice information ?

Summary: If the notice plan used social media or online publication, the settlement administrator must provide information on impressions, settlement website views, claim forms begun, and claim forms completed.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Attorneys fees motion

To permit an accurate lodestar cross-check, the attorneys' fees motion should be supported with detailed summaries, including a breakdown of fees by task (e.g., prefiling investigation, preparing complaint, motion to dismiss, document review, depositions, mediation, etc.), the blended hourly rate for each task, and a detailed justification for the work done (e.g., nature of unusually complex work with expert, number of depositions or documents reviewed, etc.).

Summary: Attorneys' fees motions must be supported with detailed summaries breaking down fees by task, the blended hourly rate for each task, and detailed justification of the work to permit a lodestar cross-check.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Post distribution accounting

In addition to the information contained in the Guidance, the post-distribution accounting must discuss any significant or recurring concerns communicated by class members to the settlement administrator or counsel since final approval, any fraud or other issues in settlement administration since final approval, and how any concerns or issues were resolved. The Post-Distribution Accounting shall also include the administrator's calculation of the total dollars spent on settlement administration (including class notice costs) per valid claim submitted.

Summary: The Post-Distribution Accounting must discuss class member concerns and any fraud or administration issues since final approval and how they were resolved, and include the administrator's calculation of total settlement administration dollars spent per valid claim submitted.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Proposed order granting final approval

The Court will typically withhold 10% of the attorneys' fees and 100% of the settlement administration fee granted at final approval until after the Post-Distribution Accounting has been filed. The proposed order granting final approval should incorporate that provision, unless the parties' approval motion explains why that provision would be particularly burdensome under the circumstances.

Summary: The proposed order granting final approval should incorporate the provision withholding 10% of attorneys' fees and 100% of the settlement administration fee until the Post-Distribution Accounting is filed, unless the approval motion explains why that would be particularly burdensome.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Post distribution accounting
Must include: proposed order

With the Post-Distribution Accounting, class counsel should submit a proposed order releasing the remainder of the fees.

Summary: Class counsel should submit, together with the Post-Distribution Accounting, a proposed order releasing the remainder of the fees.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Proposed findings conclusions ?

All factual findings must be supported by citations to all pertinent portions of the record.

Summary: All factual findings in the proposed findings must be supported by citations to all pertinent portions of the record.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Securities complaint chart ?

The chart should be organized in the following format:

Summary: The securities chart must be organized using the court-specified five-column format (Statement No.; speaker(s), date(s), and medium; false and misleading statements; reasons false when made; facts giving rise to a strong inference of scienter).

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Civil cases

Applies to: Proposed supplemental juror questionnaire ?

However, no argument may be included in this submission.

Summary: Proposed supplemental juror questions may not include any argument.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Civil cases

Applies to: Motion in limine
Must include: caption ?

Each motion should be clearly identified as "___________'s Motion in Limine No. __ Re: ____________."

Summary: Each motion in limine must be captioned using the format '___________'s Motion in Limine No. __ Re: ____________.'

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Civil cases

Applies to: Statement of objection to unconscious bias video ?

If a party objects to prospective jurors' viewing this video, the party must file a short statement (not to exceed one page double-spaced) explaining its objection. The party should then alert the Court to its objection at the pretrial conference.

Summary: A party objecting to prospective jurors viewing the unconscious bias video must file a short statement explaining the objection and alert the Court at the pretrial conference.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Civil cases

Applies to: Proposed order
Must include: proposed order

The United States Marshal requires a court order to allow equipment into the courthouse. To request such an order, the parties should submit a proposed order no later than 14 days before trial.

Summary: Because the U.S. Marshal requires a court order for equipment entry, parties should submit a proposed order no later than 14 days before trial.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Civil cases

Applies to: Witness and exhibit list ?

At the close of each trial day, the parties shall exchange a list of witnesses for the next two full court days and the exhibits that will be used during direct examination (other than

Summary: At the close of each trial day, the parties must exchange a list of witnesses for the next two full court days and the exhibits to be used during direct examination.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Civil cases

Applies to: Proposed findings conclusions ?

Proposed findings shall be brief, written in plain English, and free of pejorative language.

Summary: Proposed findings must be brief, written in plain English, and free of pejorative language.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Case management statement

If the Court sets an initial case management conference while a motion to dismiss remains pending, the case management statement shall propose a full litigation schedule, including a proposed last day to amend pleadings.

Summary: When an initial CMC is set while a motion to dismiss is pending, the case management statement must propose a full litigation schedule including a proposed last day to amend pleadings.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Proposed order

The parties should submit proposed orders only in connection with administrative motions, ex parte applications, discovery disputes, and rulings that call upon the court to make factual findings (such as a motion to approve a class settlement or a motion for attorneys' fees).

Summary: Proposed orders should be submitted only for administrative motions, ex parte applications, discovery disputes, and rulings requiring factual findings (e.g., class settlement approval or attorneys' fees).

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Filing

Summary: Generative AI use is permitted, but counsel and self-represented litigants must personally verify the accuracy of AI-assisted research and bear ethical responsibility for all statements in filings.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Class settlement release ?

Release language should make clear that the class members are releasing claims based only on the identical factual predicate. Each proposed notice should make that clear as well.

Summary: Release language and proposed class notices must make clear that class members release only claims based on the identical factual predicate.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Class notice ?

The Court will require only substantial compliance with the requirements for submitting an objection, and this should be made clear in any notice to class members.

Summary: Class notices must make clear that the Court requires only substantial compliance with the objection submission requirements.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Proposed notice ?

Parties should also ensure that the issues in the Federal Judicial Center’s Notice Checklist, are covered.

Summary: Parties should ensure that the issues identified in the Federal Judicial Center's Notice Checklist are covered in the proposed notices.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Notice plan

The notice plan should address whether a significant portion of the class does not speak English and if so, whether class notice in other language(s) should be provided.

Summary: The notice plan should address whether a significant portion of the class does not speak English and, if so, whether notice in other languages should be provided.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Proposed order

Summary: The proposed order granting final approval must list all settlement administration dates, including check mailing dates to class members.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Attorneys fees motion

To permit an accurate lodestar cross-check, the attorneys’ fees motion should be supported with detailed summaries, including a breakdown of fees by task (e.g., pre-filing investigation, preparing complaint, motion to dismiss, document review, depositions, mediation, etc.), the blended hourly rate for each task, and a detailed justification for the work done (e.g., nature of unusually complex work with expert, number of depositions or documents reviewed, etc.).

Summary: Attorneys' fees motions should include detailed summaries with a per-task fee breakdown, blended hourly rates, and detailed justification to permit a lodestar cross-check.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Attorneys fees motion ?

If the lodestar is on the high side in light of the stage of the case, attorneys should support their motion with detailed billing records, which they may seek to file under seal.

Summary: When the lodestar is high relative to the stage of the case, attorneys should support the fees motion with detailed billing records, which may be filed under seal.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Proposed order

The Court will typically withhold 10% of the attorneys’ fees and 100% of the settlement administration fee granted at final approval until after the Post-Distribution Accounting has been filed. The proposed order granting final approval should incorporate that provision, unless the parties’ approval motion explains why that provision would be particularly burdensome under the circumstances.

Summary: The proposed order granting final approval should incorporate the provision withholding 10% of attorneys' fees and 100% of the settlement administration fee until the Post-Distribution Accounting is filed, unless the motion explains why that would be particularly burdensome.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Joint status report

If the parties anticipate witness testimony will be necessary, counsel shall alert the Court via a joint status report and request such a case management conference.

Summary: If witness testimony will be necessary at the claim construction hearing, counsel must file a joint status report alerting the Court and request a case management conference.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Securities chart ?

The chart should clearly identify which statements or omissions are attributable to which defendants and, for each such defendant, the facts alleged which give rise to a strong inference that the defendant acted with the required state of mind at the relevant time.

Summary: The chart must clearly attribute each statement or omission to the correct defendant and, for each defendant, identify the facts supporting a strong inference of the required state of mind.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.WARNING?

Civil cases

Applies to: Joint claim construction statement ?

where copies of all patents in dispute can be found or attach copies of all patents in dispute. Parties must also make a complete prosecution history for each patent available to the Court upon request.

Summary: The parties must identify where copies of all patents in dispute can be found (or attach them) and must make complete prosecution histories for each patent available to the Court upon request.

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.WARNING?

Criminal cases

Applies to: Proposed jury instructions

Summary: Proposed text must be included for all proposed jury instructions, and agreed-upon instructions must be labeled 'Stipulated Instruction No. __ Re __.'

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.WARNING?

Criminal cases

Applies to: Proposed jury instructions

Summary: Disputed jury instructions must include each party's version labeled 'Disputed Instruction No. __ Re __, Offered by __,' with all versions of the same instruction bearing the same number.

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.WARNING?

Criminal cases

Applies to: Proposed jury instructions ?

Summary: If parties dispute whether an instruction should be given at all, the proponent must provide proposed language labeled 'Disputed Instruction No. __ Re __, Offered by __.'

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.WARNING?

Criminal cases

Applies to: Disputed voir dire questions ?

If, after meeting and conferring in good faith, there are proposed questions about which the parties do not agree, each party may submit a list of disputed questions they wish to be put to the venire. The proponent of each disputed question shall provide proposed language, identified as "Disputed Question No. ____ Re ____, Offered by ____ ." with blanks filled in as appropriate. No argument concerning why a disputed proposed question should or should not be asked shall be submitted.

Summary: A party may submit disputed voir dire questions, each identified in the prescribed format with proposed language, and no argument about the merits of disputed questions may be submitted.

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.WARNING?

Criminal cases

Applies to: Motion in limine

Motions should be clearly identified as "____'s Motion in Limine No. ___ Re: ____ ."

Summary: Motions in limine must be clearly identified with the party's name, motion number, and subject in the prescribed caption format.

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Proposed order
Must include: proposed order

Proposed orders submitted by an e-filing party shall be submitted in Microsoft Word to askpo@cand.uscourts.gov. Proposed orders are not required for motions filed pursuant to Civil L.R. 7-2, except for motions seeking injunctive relief.

Summary: E-filing parties must submit proposed orders in Microsoft Word to askpo@cand.uscourts.gov; proposed orders are not required for Civil L.R. 7-2 motions except those seeking injunctive relief.

Magistrate Judge Ajay S. Krishnan

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Amended pleading

If a party files an amended pleading, it must file as an attachment a redline comparing the amended pleading against the last pleading.

Summary: Amended pleadings must include a redline comparing the amended pleading against the last pleading.

Magistrate Judge Ajay S. Krishnan

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Joint statement

If the parties are unable to reach a resolution, they must file a joint statement of at most 5 single-spaced pages (12-point font or greater) with 2.5 pages allotted per side that: (1) describes each unresolved issue; and (2) states each party’s final proposed compromise with respect to

Summary: The joint discovery statement must describe each unresolved issue and state each party's final proposed compromise.

Magistrate Judge Ajay S. Krishnan

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Stipulated protective order

When parties ask the Court to approve a stipulated protective order, they must file with the proposed order either (i) a statement in which they confirm that the proposed protective order doesn’t differ in any respect from the model order, or (ii) a redline comparing the proposed protective order with the model order, along with an explanation of any changes.

Summary: Parties seeking approval of a stipulated protective order must file either a statement confirming conformance with the model order or a redline with an explanation of any changes.

Magistrate Judge Ajay S. Krishnan

The quote is in the court's document. The summary is not checked yet.WARNING?

Applies to: Motion

Any party seeking an award of attorney fees or other form of sanction under Fed. R. Civ. P. 37 may not use the expedited joint discovery dispute letter procedure described above but instead must file a motion conforming to the requirements of Civil L.R. 37-4.

Summary: Motions for sanctions under Rule 37 must be filed as motions conforming to Civil L.R. 37-4 and may not use the expedited discovery dispute letter procedure.

Magistrate Judge Ajay S. Krishnan

The quote is in the court's document. The summary is not checked yet.INFO?

Criminal cases

Applies to: Proposed jury instructions ?

The instructions can simply refer to the defendant as having been charged in “Count One” with X, in “Count Two” with Y, and so forth.

Summary: Proposed jury instructions may simply refer to the counts (e.g., “Count One” with X, “Count Two” with Y) rather than citing the indictment or the United States Code.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.INFO?

Applies to: Brief

When citing exhibits (including deposition testimony), briefs should identify the declaration to which the exhibit is attached, the letter or number of the exhibit, and the relevant page and, if available, line number (for example: “Smith Decl., Ex. 1, at 22:1-5”).

Summary: Briefs citing exhibits (including deposition testimony) should identify the attaching declaration, the exhibit letter or number, and the relevant page and, if available, line number.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.INFO?

Applies to: Stipulation and proposed order
Must include: proposed order

The parties may submit a stipulation and proposed order setting a briefing schedule for the cross-motions in advance of the first brief, which will likely be signed so long as the fourth brief is due no later than 14 days before the hearing date.

Summary: Parties may submit a stipulation and proposed order setting the cross-motion briefing schedule before the first brief, which will likely be signed if the fourth brief is due no later than 14 days before the hearing date.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.INFO?

Applies to: Class settlement forms ?

For large settlements, the parties are encouraged to include an opt-out form and an objection form.

Summary: For large class settlements, the parties are encouraged to include an opt-out form and an objection form.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.INFO?

Civil cases

Applies to: Proposed supplemental juror questionnaire ?

The parties need not include a question that asks prospective jurors whether they know any of the individuals involved in the case. The prospective jurors will be given an “Involved Individuals” list when they are called in.

Summary: Parties are not required to propose a juror question asking whether prospective jurors know individuals involved in the case, because jurors will receive an “Involved Individuals” list.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.INFO?

Civil cases

Applies to: Proposed findings conclusions ?

If the citation is to witness testimony and a rough or final transcript is not yet available, the citation can simply be to the date of the testimony.

Summary: Citations to witness testimony may simply reference the date of the testimony if a rough or final transcript is not yet available.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.INFO?

Applies to: Motion

Proposed orders are not necessary for most substantive motions, such as motions for summary judgment, motions to dismiss, or preliminary injunction motions.

Summary: Proposed orders are not required for most substantive motions, such as summary judgment, motions to dismiss, or preliminary injunction motions.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.INFO?

Applies to: Brief

Summary: Briefs citing exhibits must identify the attaching declaration, the exhibit letter or number, and the relevant page and, if available, line numbers.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.INFO?

Applies to: Class notice package ?

For large settlements, the parties are encouraged to include an opt-out form and an objection form.

Summary: For large settlements, the parties are encouraged to include an opt-out form and an objection form with the notice package.

Judge Rita F. Lin

The quote is in the court's document. The summary is not checked yet.INFO?

Civil cases

Applies to: Brief ?

If either party cites to an unpublished case, the Court generally prefers Westlaw citations. If the Westlaw citation cannot be provided, the party should include the case number, court name, and exact date of publication in the citation.

Summary: For unpublished cases, parties should provide Westlaw citations, or if unavailable, include the case number, court name, and exact date of publication.

Judge Trina L. Thompson

The quote is in the court's document. The summary is not checked yet.INFO?

Applies to: Consent declination form ?

In civil cases that are randomly assigned to Judge Krishnan for all purposes, the parties will be asked to submit a form indicating their consent or declination to magistrate judge jurisdiction. The Court asks that the parties file this form promptly.

Summary: Parties in consent cases must promptly file a form indicating consent or declination to magistrate judge jurisdiction.

Magistrate Judge Ajay S. Krishnan

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to: Pretrial statement ?

To comply with this requirement, trial counsel shall meet and confer at least twenty-one (21) days in advance of the Pretrial Conference.

Summary: Trial counsel must meet and confer at least 21 days before the Pretrial Conference.

Chief Judge Yvonne Gonzalez Rogers

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to: Proposed order

A Proposed Order outlining all such stipulations shall be presented to the Court.

Summary: The parties must present the Court with a proposed order outlining their trial stipulations.

Chief Judge Yvonne Gonzalez Rogers

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to: Witness list ?

A party may not rely on an opposing party's identification of a witness for their own case in chief.

Summary: A party may not rely on the opposing party's witness identification for its own case in chief.

Chief Judge Yvonne Gonzalez Rogers

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to: Discovery audio video list ?

The parties shall (i) identify any remaining legal objections to the excerpts on the list itself, and (ii) attach in a separate appendix copies of the disputed excerpts/transcripts so that the Court can review the disputed materials.

Summary: The parties must identify remaining legal objections on the list and attach copies of disputed excerpts or transcripts in a separate appendix for Court review.

Chief Judge Yvonne Gonzalez Rogers

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to: Jury instructions ?

(B) The parties shall prepare an index which identifies: (i) whether the parties stipulate or object to each instruction; and (ii) the competing instruction(s) preferred on a given topic must be sequenced such that the Court can readily compare and contrast the same.

Summary: The parties must prepare an index showing whether each instruction is stipulated or objected to and sequencing competing instructions for comparison.

Chief Judge Yvonne Gonzalez Rogers

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to: Jury instructions ?

(B) After preliminary instructions, a transition instruction shall be included to the effect: “The Court will now explain the substantive law applicable to the Claims/Counts brought in this action.” The instruction shall then LIST each of the claims.

Summary: After the preliminary instructions, the parties must include the specified transition instruction and list each claim.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management statement
Must include: caption, case number ?

Joint case management statements are required and must be filed seven days in advance of the initial case management conference date. Updated joint case management statements are required and must be filed seven days in advance of all other case management conferences.

Summary: Joint case management statements must be filed 7 days before initial and all subsequent case management conferences.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion
Must include: caption, case number, proposed order ?

Each party filing or opposing any motion shall also serve a proposed order that sets forth the relief or action sought and a short statement of the rationale of the decision, including citation of authority that the party requests the Court to adopt, and citations to the record evidence where applicable. The proposed order should be submitted at the same time as the motion or opposition, with a courtesy copy emailed to ygrpo@cand.uscourts.gov.

Summary: Each motion must include a proposed order with relief sought, rationale, and citations; courtesy copy emailed to ygrpo@cand.uscourts.gov.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Discovery letter brief ?
Must include: caption, case number, meet and confer attestation ?

All other requests for discovery relief must be summarized by the parties in one joint letter brief no longer than four pages (two pages per side). In the joint letter brief, counsel must attest that, prior to filing the request for relief, counsel met and conferred in person or by videoconference, and then concisely summarize all remaining issues that counsel were unable to resolve.

Summary: Discovery relief requests must be in one joint letter brief (max 4 pages, 2 per side) with meet-and-confer attestation.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Stipulated protective order
Must include: caption, case number, judicial intervention language ?

Summary: Stipulated protective orders must include language about following Court's Standing Order for designation disputes requiring judicial intervention.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Summary judgment motion ?
Must include: separate statement

Summary: Separate statement required for summary judgment motions, except for pro se plaintiffs.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion for summary judgment
Must include: general order 71 certification ?

A party bringing a motion for summary judgment in a pro se employment action must certify compliance with General Order 71 within the motion for summary judgment.

Summary: Pro se employment actions must certify compliance with General Order 71 in summary judgment motion.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order
Must include: proposed order

Proposed Order On Undisputed Sealing Requests: Parties shall file and email to the Court's proposed order inbox, a proposed order addressing all undisputed sealing requests. This shall be in chart form with a column identifying the document(s), a column describing the action to be taken (seal, portions to redact, unseal), and a column for the Court's order.

Summary: Proposed order required for undisputed sealing requests in chart format.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order
Must include: proposed order

Proposed Order: Parties shall file an omnibus proposed order addressing all disputes. The order shall include a chart identifying all documents and portions of documents by consistent identifier (e.g., Bates number) and docket location and a column for the Court's order on each document and portions of documents.

Summary: Omnibus proposed order required for sealing disputes in chart format.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Amended complaint
Must include: redline comparison

Summary: Redline comparison required for amended complaints and motions to amend.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Securities chart ?
Must include: chart

Summary: Securities cases require chart summarizing PSLRA allegations within 14 days.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Standing order
Must include: certificate of service ?

Plaintiff (or in the case of removed actions, any removing defendant) is directed to serve copies of this Standing Order in Civil Cases and the CAND CMC Order at once upon all parties to their action, and upon those subsequently joined, in accordance with the provisions of Federal Rules of Civil Procedure, Rules 4 and 5, and to file with the Clerk of the Court a certificate reflecting such service, in accordance with Civil Local Rule 5-6(a).

Summary: Plaintiff/removing defendant must serve copies of Standing Order and CAND CMC Order to all parties and file certificate of service.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Notice of settlement
Must include: signature blocks ?

Any notice of settlement sent to the Court must be signed by all parties to the settlement. Electronically filed notices shall be signed pursuant to Civil Local Rule 5-1(i), including, if applicable, a filer's attestation as provided by Civil Local Rule 5-1(i)(3).

Summary: Settlement notices must be signed by all parties and comply with Civil Local Rule 5-1(i) for electronic filing.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion for class action settlement approval ?

A motion for Court approval of a class action settlement must provide the information described in the Northern District of California's Procedural Guidance for Class Action Settlements.

Summary: Class action settlement approval motions must follow NDCA Procedural Guidance.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Claim construction hearing ?
Must include: exhibits

Demonstrative exhibits and visual aids are permissible at the hearing so long as they are based on information contained in the papers already filed. Counsel shall exchange copies of exhibits, as well as provide copies to the Court, no later than twenty-four hours prior to the hearing, and shall bring printed copies to the hearing.

Summary: Exhibits must be exchanged and provided to Court 24 hours before hearing

Chief Judge Yvonne Gonzalez Rogers

Not confirmed. Read the court's wording below.CRITICAL?

Applies to: Discovery motion ?
Must include: certificate of conference ?

If, after submitting a joint letter brief, the Court allows that a motion may be filed, any such motion must be accompanied by a competent declaration affirming that the movant has complied with the meet and confer requirements imposed in the preceding

Summary: If the Court permits a motion after a joint letter brief, the motion must include a competent declaration confirming the movant complied with the stated meet-and-confer requirements.

Chief Judge Yvonne Gonzalez Rogers

Not confirmed. Read the court's wording below.CRITICAL?

Applies to: Discovery motion ?

If, after submitting a joint letter brief, the Court allows that a motion may be filed, any motion brought pursuant to this provision must be accompanied by a competent declaration affirming that the movant has complied with the meet and confer requirements imposed by the preceding paragraph.

Summary: A motion permitted after a joint letter brief challenging a confidentiality designation must include a competent declaration confirming compliance with the preceding meet-and-confer requirements.

Chief Judge Yvonne Gonzalez Rogers

Not confirmed. Read the court's wording below.CRITICAL?

Applies to: Expert report ?

At the beginning of the report, the expert shall list and number each opinion to be proffered in the report and, if applicable, provide an executive opinion of each.

Summary: An expert report must list and number each opinion at the beginning and, if applicable, provide an executive opinion for each.

Chief Judge Yvonne Gonzalez Rogers

Not confirmed. Read the court's wording below.CRITICAL?

Applies to: Stipulation

If the Court orders modifications to the redaction/sealing of documents, within 14 days of the Court’s order the parties shall jointly file a stipulation with all modified documents attached. The stipulation shall include a chart which identifies the docket entries to which each modified document corresponds.

Summary: The stipulation filed after an order modifying redactions or sealing must attach all modified documents and include a chart identifying their corresponding docket entries.

Chief Judge Yvonne Gonzalez Rogers

Not confirmed. Read the court's wording below.CRITICAL?

Applies to: Notice of settlement
Must include: caption ?

Any notice of settlement sent to the Court must be signed by all parties to the settlement.

Summary: A notice of settlement sent to the Court must be signed by every party to the settlement.

Chief Judge Yvonne Gonzalez Rogers

Not confirmed. Read the court's wording below.CRITICAL?

Applies to: Notice of settlement ?

Electronically filed notices shall be signed pursuant to Civil Local Rule 5-1(i), including, if applicable, a filer’s attestation as provided by Civil Local Rule 5-1(i)(3).

Summary: Electronically filed settlement notices must be signed under Civil Local Rule 5-1(i), including the applicable filer’s attestation.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Motion
Must include: specific language ?

The party filing any motion or opposition shall show which of the exclusions under 18 U.S.C. § 3161 may be applicable to the action sought or opposed, and his or her calculation of the amount of excludable time.

Summary: Motions and oppositions must identify applicable 18 U.S.C. § 3161 exclusions and calculate excludable time.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Motion in limine ?
Must include: proposed order

The parties shall jointly submit a chambers copy organized with each motion and the respective opposition. The proponent of a motion shall also submit a comprehensive proposed order summarizing each of his or her own motions and the requested relief.

Summary: Unresolved motions in limine must be filed with a joint chambers copy and a proposed order summarizing each motion and requested relief.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Pretrial order ?
Must include: proposed order ?

The government shall serve and file: (1) a proposed jury verdict form; (2) a list of all witnesses who may be called, together with a brief summary of the testimony of each; (3) an exhibit list; and (4) a trial memorandum briefly stating the legal bases for the charges and the anticipated evidence, and addressing any evidentiary, procedural or other anticipated legal issues.

Summary: The government must serve and file a proposed jury verdict form, witness list with summaries, exhibit list, and trial memorandum.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Jury instructions
Must include: table of contents

Counsel shall jointly submit one set of additional proposed jury instructions, ordered in a logical sequence, together with a table of contents, using the Ninth Circuit Manual where possible, or Devitt and Blackmar or CALJIC, not less than seven (7) days prior to the pretrial conference.

Summary: Joint proposed jury instructions with table of contents must be submitted at least 7 days before the pretrial conference.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Opening statement

Parties must meet and confer to exchange any visuals, graphics or exhibits to be used in opening statements. Unless otherwise agreed, the exchange must occur no later than the close of business on the Wednesday before trial. Any objections not resolved must be filed in writing by the Thursday before trial. The parties shall be available by telephone on the Friday before trial to discuss the issues raised with the Court.

Summary: Opening statement visuals must be exchanged by the Wednesday before trial; objections filed by Thursday; parties available by phone on Friday.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management statement ?

A brief report certifying that the parties have reviewed the Guidelines Relating to the Discovery of Electronically Stored Information ("ESI Guidelines"), and confirming that the parties have met and conferred pursuant to Fed. R. Civ. P. 26(f) regarding reasonable and proportionate steps taken to preserve evidence relevant to the issues reasonably evident in this action.

Summary: Joint Case Management Statement must include certification that parties reviewed ESI Guidelines and met/conferred per Rule 26(f) on evidence preservation.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management statement ?

Whether each party has filed the "Certification of Interested Entities or Persons" required by Civil Local Rule 3-15. In addition, each party must restate in the case management statement the contents of its certification by identifying any persons, firms, partnerships, corporations (including parent corporations) or other entities known by the party to have either: (i) a financial interest in the subject matter in controversy or in a party to the proceeding; or (ii) any other kind of interest that could be substantially affected by the outcome of the proceeding. In any proposed class, collective, or representative action, the required disclosure includes any person or entity that is funding the prosecution of any claim or counterclaim.

Summary: Joint Case Management Statement must include Certification of Interested Entities or Persons per Local Rule 3-15 and restate its contents, including funding sources in class actions.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management statement ?

Whether all attorneys of record for the parties have reviewed the Guidelines for Professional Conduct for the Northern District of California.

Summary: Joint Case Management Statement must confirm that all attorneys have reviewed the Guidelines for Professional Conduct.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Brief ?

Parties shall never incorporate by reference prior argument submitted in the case.

Summary: Incorporation by reference of prior case arguments is prohibited.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Case management statement

The format shall follow the Standing Order for All Judges of the Northern District of California re: Contents of Joint Case Management Statement (“CAND CMC Order”) found on the Court’s website at cand.uscourts.gov/ygr.

Summary: Joint case management statements must follow the format specified in the CAND CMC Order.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order

Summary: Proposed orders must include relief sought, rationale statement, citations to authority, and record evidence citations where applicable.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Stipulated protective order

Parties submitting proposed forms of stipulated protective order shall include the following language with respect to resolution of designation disputes: [6.3 Judicial Intervention.] If the Parties cannot resolve a challenge without court intervention, the parties shall follow the Court’s Standing Order in Civil Cases regarding Discovery and Discovery Motions. The parties may file a joint letter brief regarding retaining confidentiality within 21 days of the initial notice of challenge or within 14 days of the parties agreeing that the meet and confer process will not resolve their dispute, whichever is earlier. Failure by a Designating Party to file such discovery dispute letter within the applicable 21- or 14-day period (set forth above) with the Court shall automatically waive the confidentiality designation for each challenged designation. If, after submitting a joint letter brief, the Court allows that a motion may be filed, any such motion must be accompanied by a competent declaration affirming that the movant has complied with the meet and confer requirements imposed in the preceding

Summary: Stipulated protective orders must include specified language regarding designation dispute resolution procedures.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Discovery motion ?
Must include: certificate of conference ?

Summary: Discovery motions filed after court approval following a joint letter brief must include a declaration affirming meet and confer compliance.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion to challenge confidentiality designation ?
Must include: certificate of conference ?

Summary: Motions challenging confidentiality designations must be accompanied by a declaration affirming compliance with meet and confer requirements.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Separate statement

Responsive Separate Statement each must be signed by lead counsel (or by the party, if unrepresented by counsel) who has reviewed the document and can attest as follows: "I attest that the evidence cited herein fairly and accurately supports [or disputes] the facts as asserted."

Summary: Separate statements must be signed by lead counsel or unrepresented party with attestation about evidence.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition transcript

The parties shall not file complete deposition transcripts with the Court. The parties shall instead file only the relevant, highlighted excerpts from those transcripts.

Summary: Only relevant, highlighted excerpts of deposition transcripts may be filed, not complete transcripts.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion for summary judgment
Must include: local rule certificate ?

A party bringing a motion for summary judgment in a pro se employment action must certify compliance with General Order 71 within the motion for summary judgment.

Summary: Pro se parties bringing summary judgment motions in employment actions must certify compliance with General Order 71.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Expert report
Must include: table of contents

All expert reports shall number each paragraph to facilitate any motion practice challenging the specifics of any opinions and shall include a table of contents. At the beginning of the report, the expert shall list and number each opinion to be proffered in the report and, if applicable, provide an executive opinion of each.

Summary: Expert reports must have numbered paragraphs, table of contents, and list/number each opinion with executive summary.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Temporary sealing motion

The Temporary Sealing Motion itself shall: 1. State that the reasons for sealing will be addressed in a forthcoming omnibus motion. 2. Include a chart identifying: a. Each attachment by docket number and content (e.g., Dkt. No. 101-3, Exhibit A to Motion for Relief, Sealed). b. Whether the sealed contents contains the filing party’s confidential information or another party’s confidential information.

Summary: Temporary Sealing Motion must state reasons for sealing will be addressed in a forthcoming omnibus motion and include a chart with attachment details and confidentiality ownership.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Daubert motion

Daubert motions must clearly specify the paragraphs or portions of the report that the party seeks to exclude. Parties are reminded that issues going to the weight and credibility to be given to a report are not proper bases to bring a Daubert motion.

Summary: Daubert motions must specify the paragraphs or portions of the report the party seeks to exclude; weight and credibility issues are not proper grounds for Daubert motions.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Omnibus sealing stipulation
Must include: proposed order ?

The omnibus sealing stipulation shall include: A chart listing all documents requested to be sealed. The chart shall identify: each document by a consistent identifier (e.g., Bates number) as well as by the docket entry at which it has been filed under seal; the documents shall be organized, or grouped, by the action requested. For example, undisputed requests to maintain a document under seal or undisputed requests to modify redactions shall be grouped together. If a document is subject to multiple requested actions (e.g., it contains both undisputed redactions and disputed redactions), it should receive entries in each section as appropriate; if the request is undisputed, the basis for sealing; whether a party has previously sought to seal the document or any information in the document; whether it was sealed; and the docket location of the order addressing the request. To the extent that the parties agree to seal PHI or PII, the parties must provide in the chart a statement identifying the types of information that the parties consider PHI or PII (including telephone numbers, addresses, health records) in a separate entry so that the Court may order that information sealed. All Daubert motions shall be treated as one motion for purposes of this section. This means that though there may be numerous Daubert motions, parties shall file one Omnibus Sealing Stipulation and one set of Omnibus Sealing Motions, as described in this section. Similarly, cross-motions shall be treated as one motion.

Summary: Omnibus sealing stipulations must include a chart grouping documents by requested sealing action, with specified identifying and basis information, a separate PHI/PII entry, and only one stipulation is required for all Daubert motions or cross-motions; a proposed order must accompany the stipulation.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Declaration sealing ?

Declarations supporting requests to seal.

Summary: Declarations supporting requests to seal must be filed with the omnibus sealing stipulation within 14 days of briefing conclusion.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Unsealed document ?

Those documents shall be attached to a joint stipulation which includes a chart that identifies the docket entries to which each document corresponds.

Summary: Refiled unsealed documents must be attached to a joint stipulation including a chart identifying corresponding docket entries.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Amended complaint or motion seeking leave to amend

Summary: Parties must submit a redline comparison with the operative pleading to ygrpo@cand.uscourts.gov upon filing amended complaints or motions to amend, unless they are self-represented.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Securities complaint ?

Within 14 days of service of the complaint (or consolidated complaint), the plaintiff shall file a chart summarizing the information required by 15 U.S.C. § 78u-4(b)(1) and (2), specifically identifying the allegations in the operative complaint as follows: (a) the statement or omission; (b) when and where the statement was made; (c) the reason(s) the statement was false or misleading when made; and (d) the facts alleged to show that defendant(s) knew the statement false and/or misleading. The chart should clearly identify which statements or omissions are attributable to which defendants and, for each such defendant, the facts alleged which give rise to a strong inference that the defendant acted with the required state of mind at the relevant time. The chart must strictly adhere to the allegations in operative complaint and may not include any new or supplemental information or explanation. The chart should be organized in the following format: [Statement No., Speaker(s), Date(s), Medium, False and Misleading Statements, Reasons Statements Were False and Misleading When Made, Facts Giving Rise to a Strong Inference of Scienter]

Summary: In securities cases, plaintiffs must file a chart summarizing required information under 15 U.S.C. § 78u-4(b)(1) and (2) within 14 days of service of the complaint, adhering to specified content and format requirements.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Notice of settlement

Any notice of settlement sent to the Court must be signed by all parties to the settlement. Electronically filed notices shall be signed pursuant to Civil Local Rule 5-1(i), including, if applicable, a filer’s attestation as provided by Civil Local Rule 5-1(i)(3).

Summary: Notices of settlement must be signed by all parties to the settlement, with electronically filed notices signed per Civil Local Rule 5-1(i) including filer's attestation if applicable.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Jury instructions
Must include: table of contents

Summary: Joint jury instructions must be submitted 7 days before pretrial conference with table of contents.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Jury instructions ?

Any instructions on which counsel cannot agree shall be marked as "disputed," and shall be included within the jointly submitted instructions and accompanying table of contents, in the place where the party proposing the instruction believes it should be given. Argument and authority for and against each disputed instruction shall be included as part of the joint submission, on separate sheets directly following the disputed instruction.

Summary: Disputed jury instructions must be marked and include arguments/authority.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Opening statements

Summary: Opening statement visuals must be exchanged by Wednesday before trial, objections filed Thursday, phone conference Friday.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Plea agreement
Must include: plea agreement

If a plea is being entered pursuant to a plea agreement, government counsel shall email a copy of the plea agreement to the Judge Martínez-Olguín’s Courtroom Deputy at amocrd@cand.uscourts.gov by 2:00 p.m. the Monday before the change of plea setting. If there is to be an open plea, counsel for the defendant shall notify the Court by 2:00 pm the Monday before the change of plea setting.

Summary: Plea agreements must be emailed to chambers by 2:00 PM Monday before change of plea; open pleas require notification by same deadline.

Judge Araceli Martínez-Olguín

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Transcript

If transcripts will be requested during or immediately after the trial, arrangements must be made with the Court Reporter Coordinator (Telephone No. 510-637-3534) at least one week prior to the commencement of the trial.

Summary: Transcript requests must be arranged with Court Reporter Coordinator at least one week before trial.

Judge Araceli Martínez-Olguín

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Interpreter request ?

Counsel must notify the Court at least 30 days in advance of trial if any witness requires an interpreter and there is no certified court interpreter available to translate in the necessary language(s).

Summary: Interpreter requests must be made at least 30 days before trial if no certified court interpreter is available.

Judge Araceli Martínez-Olguín

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Appearance list ?
Must include: notice of appearance ?

The list shall be emailed at least two (2) court days in advance of the scheduled proceeding.

Summary: List of counsel must be emailed at least 2 court days before proceeding.

Judge Araceli Martínez-Olguín

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Daubert motion
Must include: specific paragraphs specified ?

Daubert motions must clearly specify the paragraphs or portions of the report that the party seeks to exclude.

Summary: Daubert motions must specify exact paragraphs to exclude.

Judge Araceli Martínez-Olguín

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Expert report ?
Must include: written report

Summary: All expert witnesses must provide written reports under Rule 26(a)(2)(B).

Judge Araceli Martínez-Olguín

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Expert report

All expert reports shall number each paragraph to facilitate any motion practice challenging the specifics of any opinions and shall include a table of contents.

Summary: Expert reports must number paragraphs and include table of contents.

Judge Araceli Martínez-Olguín

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Expert report ?

The reports shall list each opinion to be proffered and provide an executive opinion of each.

Summary: Expert reports must list each opinion to be proffered.

Judge Araceli Martínez-Olguín

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Expert report ?
Must include: relied upon materials produced, relied upon materials identified ?

Summary: Expert reports must identify and produce all relied-upon written materials.

Judge Araceli Martínez-Olguín

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Expert disclosure
Must include: technical expert witnesses identified ?

Any percipient witness who may also testify at trial with technical expertise akin to an independent expert shall be identified by name no later than the date of expert disclosures to allow for deposition, if necessary.

Summary: Percipient witnesses with expert-level technical expertise must be identified by expert disclosure deadline.

Judge Araceli Martínez-Olguín

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Summary judgment motion ?
Must include: highlighted lines ?

Parties shall underline, highlight, or otherwise (e.g., by hyperlink) specific lines of the documents and transcripts upon which they rely in support of or in opposition to a motion.

Summary: Parties must highlight specific lines relied upon in summary judgment motions.

Judge Araceli Martínez-Olguín

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Amended pleading
Must include: redlined version ?

If a party files an amended pleading, they shall concurrently file a redlined or highlighted version comparing the amended pleading to the prior operative pleading.

Summary: Amended pleadings require concurrent redlined/highlighted comparison version.

Judge Araceli Martínez-Olguín

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit
Must include: separate ecf filing, sequential numbering ?

All exhibits to motions and/or discovery dispute joint statements should be separately filed on ECF. For example, if the motion is Docket No. 30, and the declaration with 10 exhibits is Docket No. 31, Exhibit A would be filed as Docket No. 31-1, Exhibit B would be Docket No. 31-2, and so on.

Summary: Exhibits must be separately filed on ECF with sequential numbering.

Judge Araceli Martínez-Olguín

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Any submission ?
Must include: ai content verification ?

Use of ChatGPT or other such tools is not prohibited, but counsel must at all times personally confirm for themselves the accuracy of any content generated by these tools.

Summary: AI tools not prohibited but counsel must personally verify accuracy.

Judge Araceli Martínez-Olguín

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Any submission
Must include: ai verification certification ?

Any submission containing AI-generated content must include a certification that lead trial counsel has personally verified the content's accuracy.

Summary: AI-generated content requires certification of personal verification by lead trial counsel.

Judge Araceli Martínez-Olguín

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Discovery
Must include: fr cp compliance ?

Parties should be mindful of the December 1, 2015 amendments to the Federal Rules of Civil Procedure, and in particular, the directive in Rule 1 that the Rules 'should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding,' and the proportionality requirements for discovery under Rule 26(b)(1).

Summary: Parties must comply with 2015 FRCP amendments, particularly Rule 1 directive and Rule 26(b)(1) proportionality.

Judge Araceli Martínez-Olguín

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Discovery letter brief
Must include: notice of electronic filing ?

The joint statement or individual statements shall be e-filed (unless the case is exempt from e-filing requirements). Whether joint or individual, the statement must be filed under the Civil Events category of “Motions and Related Filings > Motions – General > Discovery Letter Brief.”

Summary: Discovery statements must be e-filed under specific Civil Events category.

Judge Araceli Martínez-Olguín

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Privilege log
Must include: certificate of service ?

If a party withholds material as privileged under Federal Rule 26(b)(5) or 45(d)(2)(A), it must produce a privilege log as quickly as possible, but no later than fourteen days after its disclosures or discovery responses are due, unless the parties stipulate to or the Court sets another date.

Summary: Privilege logs must be produced within 14 days of disclosures or discovery responses.

Judge Araceli Martínez-Olguín

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Privilege log
Must include: caption, judge name, case number ?

Privilege logs must contain the following: (a) the subject matter or general nature of the document (without disclosing its contents); (b) the identity and position of its author; (c) the date it was communicated; (d) the identity and position of all addressees and recipients of the communication; (e) the document’s present location; and (f) the specific privilege and a brief summary of any supporting facts.

Summary: Privilege logs must include specific required elements.

Judge Araceli Martínez-Olguín

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Securities appendix ?
Must include: caption, judge name, case number ?

Within 14 days of service of the complaint (or consolidated complaint), the plaintiff shall file an appendix summarizing the information required by 15 U.S.C. § 78u-4(b)(1) and (2), specifically identifying the allegations in the operative complaint as follows: (a) each statement alleged to have been false or misleading; (b) the speaker, date, and medium by which the statement was made; (c) the reason(s) the statement was false or misleading when made; and (d) the facts alleged to show that defendant(s) knew the statement false and/or misleading.

Summary: Securities cases require 14-day appendix with specific allegations.

Judge Araceli Martínez-Olguín

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Class action settlement motion ?
Must include: local rule certificate ?

Any motion for preliminary or final approval of a class action settlement must address the respective guidelines in the Northern District of California’s Procedural Guidance for Class Action Settlements, available at https://www.cand.uscourts.gov/forms/procedural-guidance-for-class-action-settlements/, in the order the guidelines are presented on the website.

Summary: Class action settlement motions must follow NDCA Procedural Guidance in order.

Judge Araceli Martínez-Olguín

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Post distribution accounting
Must include: certificate of service ?

As reflected in the Guidance, the Court will require a post-distribution accounting within 21 days after the final distribution of settlement funds. In addition to the information contained in the Guidance, the post-distribution accounting must discuss any significant or recurring concerns communicated by class members to the settlement administrator or counsel since final approval, any other issues in settlement administration since final approval, and how any concerns or issues were resolved.

Summary: Post-distribution accounting required within 21 days, must address class member concerns.

Judge Araceli Martínez-Olguín

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Opposition memorandum ?
Must include: memorandum of points and authorities

The failure of a party to file a memorandum of points and authorities in opposition to any motion shall constitute consent to the granting of the motion.

Summary: Failure to file opposition memo constitutes consent to motion.

Judge Araceli Martínez-Olguín

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial statement
Must include: certificate of conference ?

At least 21 days before the final Pretrial Conference, lead counsel who will try the case shall meet and confer with respect to: (1) Settlement of the Case; (2) Preparation of the Joint Pretrial Statement and Order; (3) Preparation and exchange of pretrial materials to be filed pursuant to Federal Rule of Civil Procedure 26(a)(3); and (4) Clarification and narrowing of the contested issues for trial.

Summary: Lead counsel must meet and confer at least 21 days before final Pretrial Conference on settlement, Joint Pretrial Statement, Rule 26(a)(3) materials, and contested issues.

Judge Beth Labson Freeman

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial statement
Must include: certificate of service ?

At least 14 days before the final Pretrial Conference, unless otherwise ordered, the parties shall file a Joint Pretrial Statement and Order containing the following information:

Summary: Joint Pretrial Statement and Order must be filed at least 14 days before final Pretrial Conference.

Judge Beth Labson Freeman

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial statement

The Joint Pretrial Statement and Order shall recite, directly above the signature lines of the parties, the following: The foregoing admissions having been made by the parties, and the parties having specified the foregoing issues of fact and law remaining to be litigated, this order shall supplement the pleadings and govern the course of trial of this action, unless modified to prevent manifest injustice.

Summary: Joint Pretrial Statement and Order must include specific binding language above signature lines.

Judge Beth Labson Freeman

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Exhibit list
Must include: judge name, case number ?

At least 7 days before the final Pretrial Conference, each party shall file an exhibit list and serve upon all other parties copies of all pre-marked exhibits.

Summary: Exhibit list and pre-marked exhibits required 7 days before final Pretrial Conference.

Judge Beth Labson Freeman

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Joint pretrial statement
Must include: judge name, case number ?

At least 7 days before the final Pretrial Conference, unless otherwise ordered, the parties shall file a Joint Pretrial Statement addressing all items listed in Criminal Local Rule 17.1-1(b).

Summary: Joint Pretrial Statement required 7 days before final Pretrial Conference.

Judge Beth Labson Freeman

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Jury materials
Must include: judge name, case number ?

At least 7 days before the final Pretrial Conference, the parties shall file and serve the following materials. All jury materials must be submitted in hard copy and in word processing format via e-mail to BLFpo@cand.uscourts.gov.

Summary: Jury materials must be filed 7 days before final Pretrial Conference in hard copy and word processing format via email.

Judge Beth Labson Freeman

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Witness list
Must include: judge name, case number ?

At least 7 days before the final Pretrial Conference, the parties shall file a witness list that includes a brief summary of the testimony of each witness.

Summary: Witness list with testimony summaries required 7 days before final Pretrial Conference.

Judge Beth Labson Freeman

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Brief
Must include: objections to evidence

Objections to evidence shall comply with the Civil Local Rules, which require that objections be contained within the objecting party’s brief. See Civ. L.R. 7-3(a), (c).

Summary: Objections to evidence must be contained within the objecting party's brief.

Judge Beth Labson Freeman

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion for attorneys fees ?
Must include: hours chart ?

In addition to the motion, memorandum, and evidence, a party moving for attorneys’ fees must provide the Court with a chart, in the format set forth below, summarizing the hours expended on the major tasks in the case.

Summary: Attorney fee motions must include a chart summarizing hours expended on major tasks.

Judge Beth Labson Freeman

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order
Must include: proposed order

All proposed orders in e-filing cases shall be submitted in Word format by email to BLFpo@cand.uscourts.gov on the same day the proposed order is e-filed.

Summary: Proposed orders must be emailed in Word format on the same day of e-filing.

Judge Beth Labson Freeman

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion in limine

Each side is limited to 5 motions in limine.

Summary: Each side is limited to 5 motions in limine total.

Judge Beth Labson Freeman

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial statement and order

At least 14 days before the final Pretrial Conference, unless otherwise ordered, the parties shall file a Joint Pretrial Statement and Order containing the following information:

Summary: Parties must file a Joint Pretrial Statement and Order at least 14 days before the final Pretrial Conference, containing specified information including parties, claims, relief, jurisdiction, facts, legal issues, trial estimate, settlement status, and binding effect language.

Judge Beth Labson Freeman

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Pretrial order ?

The following information shall be provided as an appendix to the Joint Pretrial Statement and Order. For each party, a list of all witnesses likely to be called at trial, including those appearing by deposition. For each witness, there should be a short statement of the substance of his or her testimony and an estimate regarding the length of testimony (including direct and cross-examination). If the witness is an expert witness, please state the expert's theories and conclusions and the bases therefor. Attach the expert's curriculum vitae and report (if any).

Summary: The Joint Pretrial Statement and Order must include a witness appendix listing all witnesses, substance of testimony, length estimate, and for experts, theories, conclusions, CV, and report.

Judge Beth Labson Freeman

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Pretrial order ?

The following information shall be provided as an appendix to the Joint Pretrial Statement and Order. A joint list of exhibits, discovery responses, and deposition excerpts to be offered at trial, in tabular form with (a) a column identifying the exhibit number consistent with the pre-marking requirement below; (b) a column briefly describing the exhibit; (c) a column describing the purpose for which the exhibit is offered and identifying its sponsoring witness; (d) a column stating any objections to the exhibit; and (e) a column responding to the objections. The Court will not rule on these objections before trial and any remaining objections must be asserted at trial. Before this list is filed with the Court, counsel shall meet and confer, in person, to consider exhibit numbers, eliminate duplicate exhibits and confusion over exhibits, and make a good faith effort to stipulate to admissibility. If stipulation is not possible, the parties shall make every effort to stipulate to authenticity and foundation absent a legitimate (not tactical) objection.

Summary: The Joint Pretrial Statement and Order must include a joint exhibit list in tabular form with specific columns; parties must meet and confer in person before filing.

Judge Beth Labson Freeman

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint proposed final pretrial order

the parties shall meet and confer and prepare a joint proposed final pretrial order that contains: (i) a brief description of the substance of claims and defenses which remain to be decided, (ii) a statement of all relief sought, (iii) all stipulated facts, (iv) a list of all factual issues which remain to be tried, (v) a joint exhibit list in numerical order, including a brief description of the exhibit, a column for when it is offered in evidence, a column for when it is received in evidence, and a column for any limitations on its use, and (vi) each party's separate witness list for its case-in- chief witnesses (including those appearing by deposition) providing, for all such witnesses other than an individual plaintiff and an individual defendant, a short statement of the substance of his/her testimony and, separately, what, if any, non-cumulative testimony the witness will give. If non-cumulative testimony is not spelled out, then the Court will presume the witness is cumulative. For each witness, state an hour/minute time estimate for the direct examination (only). Items (v) and (vi) should be appendices to the proposed order.

Summary: Joint proposed final pretrial order must include specific content: claims/defenses, relief, stipulated facts, factual issues, joint exhibit list, witness list with testimony summaries and time estimates; exhibit list and witness list as appendices.

Judge Charles R Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed findings of fact and conclusions of law

Each party shall file at least 7 days prior to the Pretrial Conference proposed Findings of Fact and Conclusions of Law on all material issues. The Court requests that the parties hyperlink each proposed Finding of Fact to any supporting evidence. Proposed Findings shall be brief, written in plain English, and free of pejorative language, conclusions and argument. Parties shall deliver to Chambers copies of Proposed Findings of Fact and Conclusions of Law on a thumb drive in Word format, with a label including the name of the case, the case number and a description of the submission

Summary: Proposed findings of fact and conclusions of law must be filed 7 days before pretrial conference, hyperlinked to evidence, brief, plain English, delivered on thumb drive in Word format with label.

Judge Charles R Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Admitted exhibits ?

These exhibits shall be accompanied by a Joint Certification of Counsel that the exhibits are true and correct copies of the exhibits submitted to the trier of fact in the matter.

Summary: Admitted exhibits must be accompanied by a Joint Certification of Counsel confirming they are true and correct copies.

Judge Charles R Breyer

Machine summary. Not checked yet.CRITICAL?

Applies to: Motion
Must include: proposed order ?

Counsel shall submit a proposed form of order with all motion and opposition papers.

Summary: Proposed order required with all motions and oppositions.

Judge Charles R Breyer

Machine summary. Not checked yet.CRITICAL?

Applies to: Plea agreement

Plea agreements pursuant to Federal Rule of Criminal Procedure 11(c)(1)(B) must include the following: 1. If the agreement includes a Sentencing Guidelines calculation, then it must also state that the parties agree that the adjusted offense level results in a Guidelines range of ___ to ___ months depending on the defendant’s Criminal History Category. 2. If the agreement includes a waiver of appellate rights, it must also reserve the

Summary: Plea agreements under Rule 11(c)(1)(B) must include specific content regarding Sentencing Guidelines and appellate rights waiver.

Judge Charles R Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion in limine

Each party shall number its motions in limine in order of importance, the first being the most important.

Summary: Motions in limine must be numbered in order of importance.

Judge Edward M Chen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Jury instructions ?

If undisputed, an instruction shall be identified as “Stipulated Instruction No. ____ re ____________________,” with the blanks filled in as appropriate. Even if stipulated, the instruction shall be supported by citation. If disputed, each version of the instruction shall be inserted together, back to back, in their logical place in the overall sequence. A disputed instruction shall be identified as “Disputed Instruction No. ____ re ____________________ offered by __________,” with the blanks filled in as appropriate. All disputed versions of the same basic instruction shall bear the same number. If a party does not have a counter-version and simply contends that no such instruction in any version should be given, then that party should so state on a separate page inserted in lieu of an alternate version. Each party should support its version of a disputed instruction, and/or oppose the version offered by the opposing party, with a brief argument and citation to any relevant authority. The argument and citation should be provided immediately following the disputed instructions. The parties are encouraged to keep disputed instructions to a minimum.

Summary: Jury instructions must follow specified identification and support requirements for stipulated and disputed instructions.

Judge Edward M Chen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Verdict form

In a jury trial, the parties shall submit a joint proposed verdict form. If the parties are unable to stipulate to a verdict form, then each party or side shall submit a proposed verdict form.

Summary: Parties must submit a joint proposed verdict form; if unable to agree, each party submits its own.

Judge Edward M Chen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed findings conclusions ?

In a bench trial, each party or side shall submit proposed findings of fact and conclusions of law.

Summary: In a bench trial, each party must submit proposed findings of fact and conclusions of law.

Judge Edward M Chen

Machine summary. Not checked yet.CRITICAL?

Applies to: Summary judgment motion ?

Separate statements of undisputed facts will not be considered by the Court.

Summary: Separate statements of undisputed facts will not be considered.

Judge Edward M Chen

Machine summary. Not checked yet.CRITICAL?

Applies to: Complaint

Where a plaintiff files a federal securities fraud case, the plaintiff shall attach to its complaint a chart regarding any allegedly fraudulent/misleading statement(s) or omission(s). The following information should be provided on the chart.

Summary: Plaintiffs in federal securities fraud cases must attach a chart to their complaint detailing allegedly fraudulent statements or omissions.

Judge Edward M Chen

Machine summary. Not checked yet.CRITICAL?

Applies to: Motion for class certification

In any motion for class certification, plaintiffs’ counsel must include a section called “Manageability of the Class Action Trial” in which they explain precisely how the Court should handle any potentially individualized issues to ensure that they do not render the trial unmanageable. This section should generally include a discussion of jury instructions, especially in cases that involve subclasses, plaintiffs from multiple states, or law from multiple jurisdictions. In addition, to assist the Court in assessing any manageability concerns, plaintiffs’ counsel must file a proposed verdict form in connection with the motion for class certification.

Summary: Motions for class certification must include a 'Manageability of the Class Action Trial' section and a proposed verdict form.

Judge Edward M Chen

Machine summary. Not checked yet.CRITICAL?

Applies to: Motion
Must include: proposed order

Each party filing or opposing a motion shall also serve a proposed order that sets forth the relief or action sought and a short statement of the rationale of decision. The proposed order should be filed at the same time as the motion or opposition.

Summary: Each motion or opposition must be accompanied by a proposed order filed simultaneously.

Judge Edward M Chen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Continuance request ?
Must include: number of previous extensions ?

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 requests must specify previous extension history in the caption.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management statement
Must include: compliance with local rule, compliance with standing order ?

Parties must prepare a joint case management statement fourteen (14) days prior to the date of any case management or status conference. The joint case management statement shall comply with the “Standing Order for All Judges of the Northern District of California – Contents of Joint Case Management Statement” and Civil Local Rule 16-9.

Summary: Joint case management statement required 14 days before any case management conference.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management statement

In their joint case management statement for the initial case management conference, the parties must propose a full litigation schedule, including a proposed last day to amend pleadings as well as a deadline to complete ADR, regardless of whether they have received a ruling on any motion to dismiss.

Summary: Initial case management statement must include full litigation schedule with amendment and ADR deadlines.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Conference request ?
Must include: identified issues, explanation of basis, detail of meet and confer efforts ?

If any party believes a conference is needed, the party shall identify the issue(s) that require the Court’s attention, explain the basis for the request, and detail the efforts that the parties have made to address or resolve the issue.

Summary: Conference requests must identify issues, explain basis, and detail meet-and-confer efforts.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion
Must include: proposed order

Each motion shall be accompanied by a proposed order pursuant to Civil Local Rule 7-2(c). Each proposed order shall comply with any applicable Civil Local Rule. See, e.g., Civil L.R. 6-3 (proposed orders to change time), 7-11 (proposed orders for administrative relief), 16-9 (proposed case management orders), 65-1 (proposed temporary restraining orders), 72-2 (proposed orders for relief from a non-dispositive Magistrate Judge order), 79-5 (proposed orders to seal documents).

Summary: Each motion must include a proposed order complying with applicable local rules.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order

All proposed orders should be filed in PDF form on ECF. In addition, the moving party should submit a Microsoft Word chambers copy only if the proposed order relates to: (1) a sealing motion; (2) a claim construction proceeding in a patent case; or (3) a motion for a temporary restraining order or preliminary injunction. The Word version chambers copy should be sent to eklpo@cand.uscourts.gov.

Summary: Proposed orders must be filed as PDF on ECF; Word copy required for sealing, patent claim construction, or TRO/injunction motions.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: All
Must include: certificate section ?

All case citations and factual statements must be completely accurate. A citation to a case, statute, or other authority is counsel's representation to the Court that the authority stands for the proposition asserted and is good law. A quotation of a case or other authority is counsel's representation that the quoted language is complete and present in the authority cited. Counsel must ensure that the use of ellipses or elisions in quotes does not mislead the Court or misrepresent the substance of the holding or other authority. Counsel's representations of facts are subject to the same requirements of completeness and accuracy. Misrepresentations of law or fact, however subtle, may result in sanctions and a referral to the District's Standing Committee on Professional Conduct.

Summary: All citations and factual statements must be completely accurate; misrepresentations may result in sanctions.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: All ?
Must include: ai disclosure ?

Any submission containing AI-generated content must include a certification that lead trial counsel has personally verified the content’s accuracy.

Summary: AI-generated content submissions require certification of accuracy by lead trial counsel.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: All ?
Must include: ai disclosure ?

Failure to include this certification or comply with this verification requirement will be grounds for sanctions.

Summary: Non-compliance with AI disclosure certification may result in sanctions.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Brief

The fourth brief must be filed at least 28 days before the hearing date.

Summary: Fourth summary judgment brief must be filed at least 28 days before hearing.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Separate statement
Must include: signature, attestation ?

Summary: Separate statements must be signed with attestation that evidence fairly and accurately supports or disputes facts.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Separate statement

The separate statements shall not include argument in support of the summary judgment motion and shall not be used to circumvent the page limits that apply to summary judgment briefing.

Summary: Separate statements must not include argument or circumvent page limits.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Separate statement ?

Parties should include only those facts that are actually cited in the briefs. Facts that are not cited in the summary judgment briefs will not be considered.

Summary: Separate statements should only include facts cited in the summary judgment briefs.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Brief

Objections to evidence shall be contained within the objecting party’s brief and shall not be filed as a separate pleading.

Summary: Objections to evidence must be contained within the brief, not filed separately.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Discovery
Must include: follow magistrate procedures ?

Discovery in almost all cases will be referred to a magistrate judge. The parties must follow the magistrate judge’s procedures.

Summary: Discovery will be referred to magistrate judge; parties must follow magistrate judge's procedures.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Discovery dispute ?
Must include: meet and confer in person or videoconference ?

Upon the development of an impasse with respect to discovery, the parties must first meet and confer; that is, counsel for each party shall meet and confer in person or via videoconference to attempt to resolve their dispute informally. A mere exchange of letters, emails, or telephone calls does not satisfy the meet and confer requirement.

Summary: Discovery disputes require in-person or videoconference meet and confer; letters/emails/calls insufficient.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Protective order
Must include: identify deviations, indicate model order basis, provide redlined comparison ?

When filing a proposed protective order, at the very beginning of their stipulation or motion, parties must indicate whether they have based their proposed order on one of the Northern District’s model orders. If they have, they must identify any deviations from the model order by submitting as an exhibit a redlined or highlighted comparison of their proposed order and the model order.

Summary: Protective order filings must indicate if based on model orders and identify deviations with redlined comparison.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion
Must include: local rule certificate ?

In connection with motions for approval of class settlements, the parties shall comply with the requirements set forth in the Northern District’s Procedural Guidance for Class Action Settlements, available at https://www.cand.uscourts.gov/forms/procedural-guidance-for-class-action-settlements/. In addition, the following shall apply.

Summary: Class settlement motions must comply with Northern District's Procedural Guidance.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Preliminary approval documents ?
Must include: notice of electronic filing ?

The proposed notices, claims forms, and other documents associated with preliminary approval should be sent in Microsoft Word format to eklpo@cand.uscourts.gov.

Summary: Preliminary approval documents must be sent in Word format to specific email.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion

The motion must discuss whether notice by email and/or social media, use of online claims and opt-out forms, and a website for the settlement are appropriate, and if not, explain why not.

Summary: Motion must discuss appropriateness of electronic notice methods.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion

Summary: Money settlement motions must discuss redistribution of unclaimed funds.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion

If the settlement requires class members to file claims, as opposed to simply receiving checks, the motion must address why that is appropriate.

Summary: Claim-based settlements require motion to explain why claims are necessary.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion
Must include: proposed order ?

In proposing a schedule for final approval of a class settlement, the parties must ensure that the motion for attorneys’ fees is filed at least 35 days before the deadline for objecting to the settlement.

Summary: Fee motion must be filed at least 35 days before objection deadline.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order
Must include: proposed order

The proposed order granting final approval should list all dates relating to the administration of the settlement, including the dates for when the checks distributing the judgment separately from their proposed order granting final approval.

Summary: Final approval order must list all settlement administration dates.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Post distribution accounting
Must include: local rule certificate ?

Within 21 days after the settlement funds have been fully distributed to class members (but before distribution to cy pres recipients), class counsel will be required to file a Post-Distribution Accounting, as described in the Northern District’s Procedural Guidance for Class Action Settlements.

Summary: Post-Distribution Accounting required within 21 days of fund distribution.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Post distribution accounting

In addition to the information contained in the Guidance, the Post-Distribution Accounting must discuss any significant or recurring concerns communicated by class members to the settlement administrator or counsel since final approval, any other issues in settlement administration since final approval, and how any concerns or issues were resolved.

Summary: Post-Distribution Accounting must discuss class member concerns and issues.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order
Must include: proposed order

The proposed order granting final approval should specify what percentage class counsel believes it is appropriate to withhold.

Summary: Final approval order must specify fee withholding percentage.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Post distribution accounting
Must include: proposed order

With the Post-Distribution Accounting, class counsel should submit a proposed order releasing the remainder of the fees.

Summary: Post-Distribution Accounting must include proposed order releasing remaining fees.

Judge Eumi K. Lee

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Each motion or stipulation requesting relief from the Court shall be accompanied by a proposed order pursuant to Civil Local Rule 7-2(c). ... A party opposing a motion need not submit a proposed order.

Machine summary

Every motion or stipulation requesting relief must be accompanied by a proposed order, but a party opposing a motion need not submit one.

Judge Eumi K. Lee Official source

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Joint requests are strongly preferred, and parties are required to meet and confer regarding such requests. ... Parties wishing to appear via Zoom shall file 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.

Machine summary

Parties wishing to appear via Zoom at a hearing must meet and confer and file an administrative request with a proposed order at least one week before the hearing, with joint or unopposed requests expected when all parties seek remote appearance.

Judge Eumi K. Lee Official source

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Guilty plea application ?
Must include: judge name, case number ?

If there is to be an open plea, counsel for the defendant shall notify the Court no later than noon three (3) court days before the plea is to be entered. Counsel shall review and complete the Application to Enter Guilty Plea & Order form (https://cand.uscourts.gov/forms/criminal-forms/), presenting the government with a copy of the completed application.

Summary: Defendant counsel must notify court and complete guilty plea form 3 court days before open plea.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Sealing motion ?
Must include: proposed order

The motion must be accompanied by a proposed order that is narrowly tailored to seal only the sealable material, and lists in table format each document or portion thereof that is sought to be sealed, pursuant to Criminal Local Rule 56-1(c). Proposed orders should be sent in Microsoft Word format to eklpo@cand.uscourts.gov.

Summary: Sealing motions require proposed order in Word format listing sealable material.

Judge Eumi K. Lee

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management status report
Must include: joint report ?

Upon issuance of the claim construction ruling, the Court will also set a date for the filing of a further joint case management status report.

Summary: Joint case management status report required after claim construction ruling.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: General
Must include: local rule certificate ?

Parties and counsel shall follow the Federal Rules of Civil Procedure, the Patent Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court's standing orders.

Summary: Parties must follow FRCP, Patent Local Rules, and General Orders except where superseded by this standing order.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint claim construction statement

The initial joint claim construction statement required by Patent Local Rule 4-3 must be truly joint. Disputed terms, phrases, and clauses must be designated as disputed. All other terms will be presumed to be undisputed. For any term in dispute, the parties must agree on the identity of the term. With regard to disputed terms, phrases, or clauses, the joint statement will list each disputed term, phrase, or clause (listed by claim); each party's proposed construction; and support for each party's proposed construction side by side. A model claim construction statement is attached to this Order.

Summary: Joint claim construction statement must be truly joint with disputed terms designated and side-by-side constructions.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint claim construction statement
Must include: exhibits ?

Parties must attach to the joint claim construction statement copies of all patents in dispute. Parties must also make a complete prosecution history for each patent available to the Court upon request.

Summary: Joint claim construction statement must include copies of all disputed patents and complete prosecution history available upon request.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint claim construction statement

The Court will generally construe no more than 10 terms. If multiple terms present identical issues, they may be grouped together or a representative term may be chosen, and each group or representative term may be considered a single term for purposes of the ten-term limit. If more than ten terms are at issue, the parties must meet and confer before the preparation of the joint claim construction statement to narrow the number of terms that are to be construed by the Court and shall jointly propose the ten terms requiring construction.

Summary: Court will generally construe no more than 10 terms; parties must meet and confer to narrow terms if more than 10 are at issue.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Plea agreement
Must include: notice of electronic filing ?

6. If a plea is being entered pursuant to a plea agreement, counsel for the government shall email a copy of the plea agreement to the Court (with all counsel cc'd) to HSGcrd@cand.uscourts.gov by 2:00 p.m. the Friday before the plea is to be entered. If there is to open plea is to be entered.

Summary: Government must email plea agreement to HSGcrd@cand.uscourts.gov by 2:00 p.m. Friday before plea.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: General
Must include: local rule certificate ?

1. Parties and counsel shall follow the Federal Rules of Criminal Procedure, the Criminal Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court's standing orders.

Summary: Parties must follow federal criminal rules, local rules, and general orders except where superseded by this standing order.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: General ?
Must include: notice of electronic filing ?

Prior to change of plea and sentencing hearings for out-of-custody Defendants, the government shall indicate whether the offense of conviction is subject to the mandatory remand statute, 18 U.S.C. § 3143. The government shall email the Court (with all counsel cc'd) to HSGcrd@cand.uscourts.gov by no later than the Monday before the hearing.

Summary: Government must email mandatory remand statute status to HSGcrd@cand.uscourts.gov by Monday before hearing.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Motion
Must include: local rule certificate ?

7. Motions must be noticed for a hearing in accordance with Criminal Local Rule 47- 1. Counsel need not reserve a hearing date in advance. However, before selecting a hearing date, counsel must consult Judge Gilliam's scheduling notes to determine which dates are available. Motions may be reset as the Court's calendar requires. All motions shall comply with Criminal Local Rule 47-2. Please refer to this Court's Criminal Pretrial and Trial Standing Order for information regarding motions in limine.

Summary: Motions must follow Criminal Local Rule 47-1, consult scheduling notes for available dates, comply with Rule 47-2.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Pretrial statement
Must include: witness list ?

No party shall be permitted to call any witness in its case in chief who is not disclosed in its pretrial statement unless the Court grants leave for good cause.

Summary: Parties may not call undisclosed witnesses at trial without court leave for good cause.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial statement

The joint pretrial statement and proposed order shall include the following language directly above the signature lines: The foregoing admissions having been made by the parties, and the parties having specified the foregoing issues of fact and law remaining to be litigated, this order shall supplement the pleadings and govern the course of trial of this case, unless modified by the Court to prevent manifest injustice.

Summary: Joint pretrial statement must include specific language above signature lines.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed jury instructions
Must include: joint filing ?

The parties shall meet and confer and file a joint set of proposed jury instructions, arranged in the order the parties propose the Court give the instructions. The parties should use the Ninth Circuit Model Jury Instructions where possible. Any modifications to a form instruction must be plainly identified to the Court. Any language a party proposes to be removed from a model instruction must be designated with a strikethrough and language proposed to be added to a model instruction must be underlined.

Summary: Parties must file joint proposed jury instructions using Ninth Circuit Model Jury Instructions, with modifications clearly marked using strikethrough and underline.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit list ?

At least three days prior to the first day of trial, the parties shall file form exhibit and witness lists.

Summary: Form exhibit and witness lists must be filed at least three days before trial.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibits
Must include: exhibit list ?

Submit a flash drive to the Clerk’s office containing the exhibits identified in Section (h) of the parties’ joint pretrial statement and proposed order (and not already excluded by the Court in limine)

Summary: Submit a flash drive with exhibits to the Clerk's office 7 days before trial.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit and witness lists
Must include: exhibit list ?

File form exhibit and witness lists

Summary: File form exhibit and witness lists 3 days before trial.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: General
Must include: local rule certificate ?

1. Parties and counsel shall follow the Federal Rules of Civil Procedure, the Civil Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court's standing orders.

Summary: Parties must follow FRCP, Local Rules, and General Orders except as superseded by this standing order.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Standing order
Must include: certificate of service

2. Plaintiff (or in the case of removed cases, any removing defendant) shall promptly serve copies of this standing order upon all parties to the action, and upon those subsequently joined, in accordance with the provisions of Federal Rules of Civil Procedure 4 and 5. Following service, the responsible party shall file a certificate of service with the Clerk of this Court.

Summary: Plaintiff/removing defendant must serve standing order on all parties and file certificate of service.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Case management statement
Must include: joint filing ?

12. The parties must file a joint case management statement addressing those items required by the Standing Order for all Judges of the Northern District of California. Parties shall file their joint statement not less than seven calendar days prior to the case management conference. In cases involving pro se litigants, the parties may file separate case management statements.

Summary: Joint case management statement required 7 days before conference; separate allowed for pro se cases.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Stipulation and proposed order
Must include: adr process

13. Consistent with Local Rule 16-8(c) and Alternative Dispute Resolution (“ADR”) Local Rule 3-5(b), at least seven calendar days prior to the case management conference, the parties shall also file the Stipulation and Proposed Order form, which identifies the ADR process that the parties have selected and a proposed deadline by which the parties will conduct the ADR

Summary: Stipulation and Proposed Order for ADR must be filed 7 days before case management conference.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order
Must include: proposed order

Proposed orders shall be submitted in Word format by email to HSGpo@cand.uscourts.gov on the same day the proposed order is e-filed.

Summary: Proposed orders must be emailed in Word format on same day as e-filing.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Amended pleading
Must include: redlined version ?

If a party files an amended pleading, they shall concurrently file a redlined or highlighted version comparing the amended pleading to the prior operative pleading.

Summary: Redlined or highlighted version required with amended pleadings

Judge Jacqueline Scott Corley

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint statement
Must include: certificate of conference ?

Instead of a noticed motion, the parties shall prepare a joint statement of not more than five single-spaced pages (12-point font or greater) stating the nature and status of the dispute and attesting to their good faith meet and confer efforts. Each side thus has approximately 2.5 pages of the submission. Issue-by-issue, the joint statement shall describe each unresolved issue, summarize each party’s position with appropriate legal authority, and provide each party’s final proposed compromise before addressing the next issue. It is preferable that the parties file a separate statement for each dispute. When necessary, the parties may submit supporting declarations and documentation of up to 12 pages.

Summary: Joint statement (max 5 single-spaced pages) required for discovery disputes.

Judge Jacqueline Scott Corley

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Discovery statement ?
Must include: notice of electronic filing ?

Summary: Discovery statements must be e-filed under specific Civil Events category.

Judge Jacqueline Scott Corley

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion for class action settlement approval ?
Must include: local rule certificate ?

Any motion for preliminary or final approval of a class action settlement must address the respective guidelines in the Northern District of California’s Procedural Guidance for Class Action Settlements, available at https://cand.uscourts.gov/forms/procedural-guidance-for- classaction-settlements/, in the order the guidelines are presented on the website.

Summary: Class action settlement approval motions must address guidelines in specified order.

Judge Jacqueline Scott Corley

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Post distribution accounting
Must include: post distribution accounting

Summary: Post-distribution accounting required within 21 days, including discussion of class member concerns.

Judge Jacqueline Scott Corley

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint claim construction statement
Must include: certificate of conference ?

Summary: Joint claim construction statement must designate disputed terms and be truly joint.

Judge James Donato

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint claim construction statement ?

For any term in dispute, the parties must agree on the identity of the term. With regard to disputed terms, phrases, or clauses, the joint statement will list each disputed term, phrase, or clause (listed by claim); each party’s proposed construction; and support for each party’s proposed construction side by side.

Summary: Joint statement must list disputed terms by claim with each party's proposed construction and support.

Judge James Donato

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint claim construction statement
Must include: exhibits ?

Summary: Joint statement must include copies of all patents in dispute and complete prosecution history available upon request.

Judge James Donato

Machine summary. Not checked yet.CRITICAL?

Applies to: Reply brief

While the Court encourages the parties to negotiate mutually agreeable constructions, the parties may not propose new constructions for the first time in reply briefs or other filings that do not afford the opposing party an opportunity to respond.

Summary: New constructions cannot be proposed for first time in reply briefs or filings without opportunity for response.

Judge James Donato

Machine summary. Not checked yet.CRITICAL?

Applies to: Claim construction brief ?
Must include: local rule certificate ?

If for some exceptional reason a party needs to propose a different construction in its brief than that found in the joint claim construction statement, that party must submit a short request for consideration to the Court that clearly sets forth the new construction and explains the basis for the change.

Summary: Request required to propose different construction in brief than in joint statement, with explanation of basis.

Judge James Donato

Machine summary. Not checked yet.CRITICAL?

Applies to: Reply brief
Must include: exhibits ?

At the time of filing the reply briefs, the parties shall file an amended, final joint claim construction statement if there has been any change in the parties’ claim construction positions, including in the amended statement only the remaining disputed terms, phrases, and clauses.

Summary: Amended final joint claim construction statement required with reply briefs if positions have changed.

Judge James Donato

Machine summary. Not checked yet.CRITICAL?

Applies to: Technology synopsis
Must include: judge name, case number ?

If a tutorial is scheduled, each party should file a written technology synopsis that provides, in plain and accessible language, background information about the technology and science to be discussed at the tutorial. The synopsis is due at least 7 court days before the tutorial, and should not exceed 12 pages. Do not include a rewrite of any portion of the patent or claim construction statements, or argument on any legal issue such as invalidity, infringement, patentability and so on. The synopsis should be a neutral overview of the technology related to the tutorial.

Summary: Technology synopsis (max 12 pages) due 7 court days before tutorial, neutral overview only.

Judge James Donato

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial statement

The parties will file a joint pretrial statement, signed and vetted by all lead trial counsel, that contains the following information: i. Substance of the Action: A brief description of the substance of the claims and defenses which remain to be decided. ii. Relief Requested: A statement of all relief sought, itemizing all elements of damages claimed. iii. Undisputed Facts: A statement of all relevant undisputed facts to which the parties will stipulate for incorporation into the trial record without the necessity of supporting testimony or exhibits. iv. Disputed Factual Issues: A statement of all relevant disputed facts that remain to be decided. v. Disputed Legal Issues: Without extended legal argument, a brief statement of disputed points of law concerning liability and relief. vi. Stipulations: A statement of stipulations requested or proposed. vii. Bifurcation: A statement of whether bifurcation or a separate trial of specific issues is feasible and desired. viii. Settlement: A statement summarizing the status of settlement negotiations and indicating whether further negotiations are likely to be productive. ix. Estimate of trial length: An estimate of the total length of the trial.

Summary: Joint pretrial statement must contain nine specified sections and be signed by all lead trial counsel.

Judge James Donato

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Trial brief

Each party will serve and file a trial brief, not to exceed 10 pages, specifying each cause of action and defense remaining to be tried along with a statement of the applicable legal standard.

Summary: Trial brief must specify each cause of action and defense and include applicable legal standard.

Judge James Donato

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion in limine ?

each addressing a single specific evidentiary issue

Summary: Each motion in limine must address a single specific evidentiary issue.

Judge James Donato

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion in limine

Motions in limine may not be used to request summary judgment or raise Daubert challenges unless the Court has specifically granted prior approval.

Summary: Motions in limine cannot be used for summary judgment or Daubert challenges without prior court approval.

Judge James Donato

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Witness list ?

The parties must file by the pretrial filings due date a joint list of all witnesses who are likely to be called at trial (other than solely for impeachment or rebuttal purposes), including a brief statement describing the substance of the testimony to be given by each witness and an estimate of minutes or hours the witness’s testimony is expected to take (direct and cross).

Summary: Parties must file a joint witness list by the pretrial filings due date, including substance of testimony and time estimate.

Judge James Donato

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit list ?

The parties must jointly file by the pretrial filings due date two separate charts of proposed documentary exhibits, with one chart summarizing those exhibits that the parties agree are admissible and another chart summarizing those exhibits for which admissibility is disputed. The chart of disputed exhibits must identify the objecting party and include succinct summaries of the objection and the response, with authority that supports the parties’ respective positions. Both charts must also include the following information as to all exhibits: (1) exhibit number; (2) name or brief description of the exhibit; and (3) the exhibit’s purpose and sponsoring witness.

Summary: Parties must jointly file two exhibit charts by the pretrial filings due date: one for agreed exhibits and one for disputed exhibits, with specific content requirements.

Judge James Donato

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit list ?

Before the closing arguments, counsel must confer with the Courtroom Deputy to make sure the exhibits in evidence are in good order. Counsel must jointly provide a revised list of all exhibits actually in evidence (and no others), stating the exhibit number and a brief, non-argumentative description (e.g., letter from A.B. Case to D.E. Frank, dated August 17, 1999). This joint list will go into the jury room to help the jury sort through exhibits in evidence.

Summary: Before closing arguments, counsel must jointly provide a revised list of all exhibits in evidence with exhibit number and brief description.

Judge James Donato

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Plea agreement
Must include: plea agreement

If a plea is being entered pursuant to a plea agreement, counsel for the government shall deliver a copy of the plea agreement to chambers on the 19th Floor in San Francisco by 10:00 a.m. the day before the plea is to be entered. If the plea is not pursuant to a plea agreement or if the specifics of the agreement are not yet finalized, counsel for the defendant shall notify the Courtroom Deputy of the entry of an open plea, and shall deliver a copy of the application for entry of plea to chambers by 10:00 a.m. the day before the plea is to be entered.

Summary: Plea agreement or open plea notification required by 10:00 AM day before plea.

Judge James Donato

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management statement
Must include: judge name, case number ?

The parties must file a joint case management statement addressing the standardized items required by the Standing Order for All Judges of the Northern District of California: Contents of Joint Case Management Statements. The joint statement must be filed at least seven calendar days prior to the case management conference.

Summary: Joint case management statement must be filed 7 days before conference.

Judge James Donato

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Case management conference

For parties with counsel, each party must be represented at the case management conference by lead counsel prepared to address all pertinent matters and with authority to enter stipulations and make admissions.

Summary: Lead counsel must attend with authority to stipulate and admit.

Judge James Donato

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Discovery

Pursuant to Federal Rule Civil Procedure 26(d)(1), formal discovery should not be served or initiated by any party until after the parties have conferred as required by FRCP 26(f), except by stipulation or court order, or as provided for in FRCP 26(d)(2) or other rules.

Summary: Formal discovery cannot begin until after Rule 26(f) conference.

Judge James Donato

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Summary judgment motion

On summary judgment motions, joint statements of undisputed facts are not required but are helpful if completely agreed upon. Separate statements of “undisputed facts” may not be filed. See Civil L.R. 56-2.

Summary: Joint statements of undisputed facts not required but helpful on summary judgment motions; separate statements not permitted

Judge James Donato

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: All submissions
Must include: hearing date and time ?

All submissions filed with the Court must include the date and time of the hearing or conference on the cover sheet.

Summary: All submissions must include hearing/conference date and time on cover sheet

Judge James Donato

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: All submissions ?

The parties are reminded that they must inform the Court of any potentially related actions pending in this District or any other federal or state court in accordance with Civil Local Rules 3-12 and 3-13.

Summary: Parties must inform Court of potentially related actions in this District or other federal/state courts

Judge James Donato

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Discovery dispute letter ?

The letter to the Court must attach an excerpt of the disputed discovery request and the corresponding, served response. No other documents shall be attached or provided pending further order by the Court.

Summary: Discovery dispute letters must attach the disputed discovery request and response, and no other documents.

Judge James Donato

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management statement
Must include: judge name, case number ?

Parties are required to file a joint case management statement not less than seven calendar days before a scheduled case management conference, unless the Court sets a different deadline.

Summary: Joint case management statement required 7 days before case management conference.

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management statement ?
Must include: judge name, case number ?

Parties must take the steps needed to preserve information relevant to the issues in the litigation, including suspending document-destruction programs that, if not suspended, could result in evidence spoliation.

Summary: Parties must preserve relevant information and suspend document destruction programs.

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management statement ?
Must include: judge name, case number ?

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 30 days before close of fact discovery.

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Discovery letter brief
Must include: notice of electronic filing ?

The joint letter brief must be filed electronically in the Civil Events category of Motions and Related Filings > Motions – General > Discovery Letter Brief.

Summary: Discovery letter briefs must be filed in specific ECF category.

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Reply brief ?

The fourth brief must be filed at least 21 days before the hearing date.

Summary: Fourth brief in cross-motions must be filed 21 days before hearing.

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Post distribution accounting

The Court will require a post-distribution accounting within 21 days after the distribution of settlement funds.

Summary: Post-distribution accounting required within 21 days of settlement distribution.

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Final approval motion ?

The Court will typically withhold between 10% and 25% of the attorney’s fees granted at final approval until after the post-distribution accounting has been filed.

Summary: Court withholds 10-25% of attorney fees until post-distribution accounting filed.

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Telephonic appearance request ?

parties seeking to appear telephonically must file a stipulation and proposed order, or an administrative motion and proposed order if a stipulation is not possible, at least seven calendar days prior to the scheduled appearance.

Summary: Telephonic appearance requests require 7-day advance filing of stipulation or motion.

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Telephonic appearance request ?

If a case management statement is required, parties may not file a request to appear telephonically at a case management conference until after the case management statement has been filed.

Summary: Telephonic appearance requests for CMC must wait until case management statement filed.

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order
Must include: proposed order
Format: WORD

Electronic copies of proposed orders must be sent in Word format to jstpo@cand.uscourts.gov.

Summary: Proposed orders must be emailed in Word format to jstpo@cand.uscourts.gov.

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial statement ?

The statement must contain the following information: 1. Substance of the Action. A brief description of the parties, the substance of claims and defenses that remain to be decided, and the operative pleadings. 2. Relief Requested. A detailed statement of all requested relief, including an itemization of all elements of damages claimed. 3. Undisputed Facts. A plain and concise statement of all relevant facts to which the parties will stipulate for incorporation into the trial record without supporting testimony or exhibits. The parties must exercise good faith in stipulating to facts that are not reasonably disputable. 4. Disputed Factual Issues. A plain and concise list of the issues of fact that are contested and remain to be litigated at trial. 5. Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts. 6. Stipulations. A statement of proposed stipulations or agreements that will expedite the presentation of evidence. 7. Witnesses to be Called. A list of all witnesses likely to be called at trial other than solely for impeachment or rebuttal, and a brief statement following each name describing the substance of the testimony to be given. No party will be permitted to call any witness in its case-in-chief who is not disclosed in its pretrial statement without leave of court. 8. Exhibits, Schedules, and Summaries. A list of all documents or other items to be offered as exhibits at trial, other than solely for impeachment or rebuttal, and a brief statement following each that describes: (1) its substance or purpose; (2) the identity of the sponsoring witness; and (3) whether the parties have stipulated to its admissibility and, if they have not, the objection to its admission, the grounds for the objection, and the position of the offering party. 9. Disputed Legal Issues. Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions. 10. Pending Motions or Matters. A statement of any motions or other matters that must be resolved prior to trial. 11. Bifurcation or Separate Trial of Issues. A statement of whether either party requests bifurcation or a separate trial of specific issues and why. 12. Use of Discovery Responses. Citations to all evidence that a party might introduce at trial, other than that to be used solely for impeachment or rebuttal, that was obtained from deposition testimony, interrogatory responses, or responses to requests for admission. Counsel must state any objections to the use of these materials and must certify that they have conferred regarding such objections. Counsel must separately file a document containing each disputed discovery response or deposition testimony excerpt, and as to each must state the objection to its admission, the grounds for the objection, and the position of the offering party. 13. Estimate of Trial Time. An estimate of the number of hours or days needed for the trial. 14. Settlement Discussion. A brief summary of the status of settlement negotiations, without indicating specific dollar amounts, and an indication of whether further negotiations are likely to be productive and what, if anything, would facilitate settlement. 15. Miscellaneous. Any other matters that will facilitate the just, speedy, and efficient resolution of the action.

Summary: Joint pretrial statement must contain 15 specified items covering parties, claims, relief, facts, witnesses, exhibits, legal issues, and trial logistics.

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial statement

The joint pretrial statement described above must include the following language directly above the signature lines: The foregoing admissions having been made by the parties, and the parties having specified the foregoing issues of fact and law remaining to be litigated, this order will supplement the pleadings and govern the course of trial of this case, unless modified by the Court to prevent manifest injustice.

Summary: Joint pretrial statement must include specific language above signature lines.

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial statement
Must include: joint pretrial statement

Unless otherwise ordered, the parties must file and serve a joint pretrial statement no later than seven calendar days before the pretrial conference.

Summary: Joint pretrial statement due 7 days before pretrial conference

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial statement ?
Must include: witness list ?

No party will be permitted to call any witness in its case-in-chief who is not disclosed in its pretrial statement without leave of court.

Summary: Witnesses not disclosed in pretrial statement require court leave

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Disputed discovery responses
Must include: objections, grounds for objection, position of offering party ?

Counsel must separately file a document containing each disputed discovery response or deposition testimony excerpt, and as to each must state the objection to its admission, the grounds for the objection, and the position of the offering party.

Summary: Disputed discovery responses must be separately filed with objections

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit
Must include: exhibit list ?

At least 21 calendar days before the final pretrial conference, the parties must exchange copies of all exhibits, summaries, charts, schedules, diagrams, and other similar documentary materials to be used in their case-in-chief, together with a complete list of all such proposed exhibits.

Summary: Exchange all exhibits and lists 21 days before final pretrial conference

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit
Must include: certificate of conference ?

Following the exchange, the parties must immediately meet and confer about the exhibits and any potential objections thereto, and must make a good faith effort to stipulate to exhibits' admissibility.

Summary: Meet and confer immediately after exhibit exchange to stipulate admissibility

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit

The parties must mark their exhibits using non-overlapping ranges of numbers, leaving enough unused numbers that additional exhibits can be marked during trial. For example, the parties might agree that the plaintiff will use numbers 001–199 and the defendant will use numbers 200–399.

Summary: Parties must use non-overlapping exhibit number ranges with room for additions

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit
Must include: exhibit list ?

Unless otherwise ordered, at least seven calendar days prior to the commencement of the trial, the parties must deliver one set of all pre-marked exhibits in clearly labeled three-ring binders to the Clerk's office, marked for the attention of the courtroom deputy.

Summary: Deliver pre-marked exhibits in 3-ring binders to Clerk 7 days before trial

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed findings conclusions ?

At least seven calendar days prior to the pretrial conference, each party must serve and file with the Court proposed findings of fact and conclusions of law on all material issues.

Summary: Proposed findings of fact and conclusions of law due 7 days before pretrial conference

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed findings conclusions ?

The proposed findings must be brief, written in plain English, and be free of pejorative language, conclusions, or argument.

Summary: Proposed findings must be brief, plain English, and free of pejorative language

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed findings conclusions ?

Conclusions of law must be supported by appropriate citation to legal authority.

Summary: Conclusions of law must include citations to legal authority

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Witness list ?

Unless otherwise ordered, each party must notify all other parties by the close of each trial day of the witnesses that party intends to call on the following trial day.

Summary: Parties must notify other parties of next day's witnesses by end of each trial day

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Witness examination ?

Summary: Counsel cannot consult witness during cross-examination about prior testimony

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management statement
Must include: judge name, case number ?

Parties are required to file a joint case management statement not less than seven calendar days before a scheduled case management conference, unless the Court sets a different deadline.

Summary: Joint case management statement due 7 calendar days before case management conference unless court orders otherwise.

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Discovery letter brief
Must include: notice of electronic filing ?

The joint letter brief must be filed electronically in the Civil Events category of Motions and Related Filings > Motions – General > Discovery Letter Brief.

Summary: Discovery letter briefs must be filed in specific ECF category.

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Cross motion summary judgment ?

The fourth brief must be filed at least 21 days before the hearing date.

Summary: Final brief in cross-motions must be filed 21 days before hearing.

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Class action settlement ?
Must include: post distribution accounting

The Court will typically withhold between 10% and 25% of the attorney’s fees granted at final approval until after the post-distribution accounting has been filed.

Summary: Court withholds 10-25% of attorney fees until post-distribution accounting filed.

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Class action settlement ?
Must include: proposed order

Class counsel must file a proposed order releasing the remainder of the fees when they file their post-distribution accounting.

Summary: Class counsel must file proposed order releasing withheld fees with post-distribution accounting.

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Telephonic appearance request ?
Must include: stipulation and proposed order

Summary: Telephonic appearance requests require filing 7 days before scheduled appearance.

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order
Must include: proposed order

Electronic copies of proposed orders must be sent in Word format to jstpo@cand.uscourts.gov.

Summary: Proposed orders must be submitted electronically in Word format to jstpo@cand.uscourts.gov.

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Administrative motion to seal ?

In addition to the information required by Civil Local Rule 79-5, administrative motions to file materials under seal must contain the following information: 1. A statement that the filing party has reviewed and complied with this order. 2. A statement that the filing party has reviewed and complied with Civil Local Rule 79-5, including the requirement to file separate motions if a party seeks to file under seal a document containing “portions that more than one party bears the burden of showing is sealable.” Civil L.R. 79-5(f)(5).

Summary: Administrative motions to seal must include statements of compliance with this order and Civil Local Rule 79-5.

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion to seal ?

Summary: Motion or statement in support of sealing must identify legal standard, explain its applicability, and articulate with evidentiary support why materials satisfy that standard.

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Revised sealing filing ?

If a Designating Party seeks less extensive sealing than a motion filed under Civil Local Rule 79-5(f), that party must file revised redacted and unredacted versions of the documents sought to be sealed, as well as a revised proposed order.

Summary: If a Designating Party seeks less extensive sealing, they must file revised redacted and unredacted versions and a revised proposed order.

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Unredacted version

Unredacted versions of all documents sought to be partially filed under seal “must highlight the portions for which sealing is sought.” Civil L.R. 79-5(e)(2).

Summary: Unredacted versions of documents partially sealed must highlight the portions for which sealing is sought.

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order

Proposed orders must identify the appropriate legal standard, be “narrowly tailored to seal only the sealable material,” and “list[] in table format each document or portion thereof that is sought to be sealed.” Civil L.R. 79-5(c)(3). Tables must include a column for the Court’s ruling as to each document.

Summary: Proposed orders must identify legal standard, be narrowly tailored, list in table format each document/portion, and include a column for the Court's ruling.

Judge Jon S Tigar

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to: Proposed order

Parties must file one of the following with any proposed protective order or order re: discovery of ESI: (a) a declaration stating that the proposed order is identical to one of the model orders except for the addition of case-identifying information or the elimination of language denoted as optional; (b) a declaration explaining each modification to the model order, along with a redline version comparing the proposed order with the model order; or (c) a declaration explaining why use of one of the model orders is not practicable.

Summary: A proposed protective or ESI discovery order must be accompanied by one of three specified declarations, with a redline required for modified model orders.

Judge Jon S Tigar

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Proposed order
Must include: proposed order

Electronic copies of proposed orders must be sent in Word format to jstpo@cand.uscourts.gov.

Summary: Proposed orders must be submitted electronically in Word format to specific email address.

Judge Jon S. Tigar

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Pretrial statement
Must include: local rule certificate ?

The parties must file a pretrial statement that addresses all items listed in Criminal Local Rule 17.1-1(b).

Summary: Pretrial statement must address all items in Criminal Local Rule 17.1-1(b).

Judge Jon S. Tigar

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Pretrial statement

The parties must attach to their pretrial statement a joint set of jury instructions ordered in logical sequence and accompanied by a table of contents. The parties must use the Ninth Circuit Model Jury Instructions whenever possible. Proposed deviations from the model instructions, no matter how minor, must be clearly identified by red-lined copy and supported by authority.

Summary: Pretrial statement must include joint jury instructions using Ninth Circuit Model, with deviations clearly marked and supported.

Judge Jon S. Tigar

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Jury instructions
Must include: word format ?

The parties must e-mail Word versions of the proposed jury instructions, voir dire, and verdict form to jstpo@cand.uscourts.gov on the same day they file them.

Summary: Email Word versions of jury instructions, voir dire, and verdict form to jstpo@cand.uscourts.gov on filing day.

Judge Jon S. Tigar

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Exhibits
Must include: compliance required ?

All exhibits that have not been provided as required are subject to exclusion in the reasonable exercise of the Court’s discretion.

Summary: Exhibits not provided as required may be excluded at court's discretion.

Judge Jon S. Tigar

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Exhibits

Summary: Exchange all trial exhibits 21 days before final pretrial conference.

Judge Jon S. Tigar

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Exhibits
Must include: delivery to chambers ?

At least seven calendar days prior to the beginning of trial, the parties must deliver one set of all pre-marked exhibits in clearly labeled three-ring binders to the courtroom deputy.

Summary: Deliver pre-marked exhibits in three-ring binders to courtroom deputy 7 days before trial.

Judge Jon S. Tigar

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Witness list ?
Must include: daily notification ?

Unless otherwise ordered, each party must notify all other parties by the close of each trial day of the witnesses that party intends to call on the following trial day.

Summary: Notify other parties of next day's witnesses by close of each trial day.

Judge Jon S. Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial statement ?

The statement must contain the following information: 1. Substance of the Action. A brief description of the parties, the substance of claims and defenses that remain to be decided, and the operative pleadings. 2. Relief Requested. A detailed statement of all requested relief, including an itemization of all elements of damages claimed. 3. Undisputed Facts. A plain and concise statement of all relevant facts to which the parties will stipulate for incorporation into the trial record without supporting testimony or exhibits. The parties must exercise good faith in stipulating to facts that are not reasonably disputable. 4. Disputed Factual Issues. A plain and concise list of the issues of fact that are contested and remain to be litigated at trial. 5. Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts. 6. Stipulations. A statement of proposed stipulations or agreements that will expedite the presentation of evidence. 7. Witnesses. A list of all witnesses to be called in the case-in-chief, excluding those solely for impeachment or rebuttal, and a brief statement following each name describing the substance of the testimony to be given. No party will be permitted to call any witness in its case-in-chief who is not disclosed in its pretrial statement without leave of court. 8. Exhibits, Schedules, and Summaries. A list of all documents or other items to be offered as exhibits at trial, other than solely for impeachment or rebuttal, and a brief statement following each that describes: (1) its substance or purpose; (2) the identity of the sponsoring witness; and (3) whether the parties have stipulated to its admissibility and, if they have not, the objection to its admission, the grounds for the objection, and the position of the offering party. 9. Disputed Legal Issues. Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions. 10. Pending Motions or Matters. A statement of any motions or other matters that must be resolved prior to trial. 11. Bifurcation or Separate Trial of Issues. A statement of whether either party requests bifurcation or a separate trial of specific issues and why. 12. Use of Discovery Responses. Citations to all evidence that a party might introduce at trial, other than that to be used solely for impeachment or rebuttal, that was obtained from deposition testimony, interrogatory responses, or responses to requests for admission. Counsel must state any objections to the use of these materials and must certify that they have conferred regarding such objections. Counsel must separately file a document containing each disputed discovery response or deposition testimony excerpt, and as to each must state the objection to its admission, the grounds for the objection, and the position of the offering party. 13. Estimate of Trial Time. An estimate of the number of hours or days needed for the trial. 14. Settlement Discussion. A brief summary of the status of settlement negotiations, without indicating specific dollar amounts, and an indication of whether further negotiations are likely to be productive and what, if anything, would facilitate settlement. 15. Miscellaneous. Any other matters that will facilitate the just, speedy, and efficient resolution of the action.

Summary: Joint pretrial statement must contain 15 specified sections including substance of action, relief requested, undisputed facts, exhibits list, disputed legal issues, and others.

Judge Jon S. Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial statement

Summary: Joint pretrial statements must include specified language directly above the signature lines.

Judge Jon S. Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed findings conclusions ?

The proposed findings must be brief, written in plain English, and be free of pejorative language, conclusions, or argument. Conclusions of law must be supported by appropriate citation to legal authority.

Summary: Proposed findings must be brief, plain English, no pejorative language/conclusions/argument; conclusions of law require legal authority citations.

Judge Jon S. Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial statement ?

Summary: Joint pretrial statement must contain 15 enumerated items covering substance, relief, facts, witnesses, exhibits, legal issues, and other trial-related matters.

Judge Jon S. Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial statement

Summary: Joint pretrial statement must include specific language above signature lines.

Judge Jon S. Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Jury instructions

The parties must submit a set of agreed-upon case-specific instructions using the Ninth Circuit Model Jury Instructions or California Civil Jury Instructions (CACI) whenever possible. Proposed deviations from the model instructions, no matter how minor, must be clearly identified by red-lined copy and supported by authority.

Summary: Jury instructions must use model instructions when possible; deviations must be identified by red-lined copy and supported by authority.

Judge Jon S. Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management statement ?

Parties must not incorporate prior case management statements by reference.

Summary: Parties are prohibited from incorporating prior case management statements by reference.

Judge Jon S. Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed protective order or esi discovery order ?
Must include: local rule certificate ?

Summary: Proposed protective orders or ESI discovery orders must be accompanied by a qualifying declaration, or they will be denied without prejudice.

Judge Jon S. Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Request for telephonic appearance ?
Must include: proposed order

Summary: Requests for telephonic appearance must be accompanied by a stipulation (or administrative motion if no stipulation) and proposed order.

Judge Jon S. Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Post-distribution accounting

Summary: Post-distribution accounting for class action settlements must include specified information about settlement administration issues and resolutions.

Judge Jon S. Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Post-distribution accounting
Must include: proposed order

Class counsel must file a proposed order releasing the remainder of the fees when they file their post-distribution accounting.

Summary: Class counsel must file a proposed order releasing remaining attorney’s fees when submitting the post-distribution accounting.

Judge Jon S. Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion for class action settlement approval ?

Any motion for preliminary or final approval of a class action settlement must address the respective guidelines in the Northern District of California’s Procedural Guidance for Class Action Settlements, available at https://cand.uscourts.gov/rules-forms-fees/northern-district-guidelines/procedural-guidance-class-action-settlements, in the order the guidelines are presented on the website.

Summary: Motions for preliminary or final approval of class action settlements must address the Northern District’s class action settlement guidance in the order presented on the website.

Judge Jon S. Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion ?
Must include: proposed order

Electronic copies of proposed orders must be sent in Word format to jstpo@cand.uscourts.gov.

Summary: Proposed orders must be submitted in Word format to the specified email address.

Judge Jon S. Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Administrative motion to seal ?

Summary: Administrative motions to file materials under seal must include two compliance statements regarding this order and Civil Local Rule 79-5.

Judge Jon S. Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion or statement in support of sealing

The motion or statement in support of sealing must identify the applicable legal standard (i.e., compelling reasons or good cause), explain why that standard applies, and articulate, with evidentiary support where necessary, why the materials to be sealed satisfy that standard. See Civil L.R. 79-5(c)(1)–(2). “Reference to a stipulation or protective order that allows a party to designate certain documents as confidential is not sufficient to establish that a document, or portions thereof, are sealable.” Civil L.R. 79-5(c). Conclusory references to “competitive harm” without explanation are also almost always insufficient justification for sealing.

Summary: Motions or statements in support of sealing must identify and apply the legal standard, provide evidentiary support, and avoid insufficient justifications like mere stipulation references or conclusory competitive harm claims.

Judge Jon S. Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order

Summary: Proposed sealing orders must identify the legal standard, be narrowly tailored, list sealed materials in a table with a court ruling column, and have electronic copies sent in Word to jstpo@cand.uscourts.gov.

Judge Jon S. Tigar

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial statement
Must include: judge name, case number ?

Unless otherwise ordered, the parties must file and serve a Joint Pretrial Statement no later than 14 calendar days before the pretrial conference.

Summary: Joint Pretrial Statement must be filed 14 days before pretrial conference

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial statement ?
Must include: witness list ?

No party will be permitted, without leave of court, to call any witness in its case-in-chief who is not disclosed in its pretrial statement.

Summary: Witnesses not disclosed in pretrial statement require court leave

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial statement ?
Must include: trial time hours ?

The parties must provide the total number of hours requested for the trial. Except for voir dire, ALL time should be accounted for, including but not limited to opening statements, direct and cross-examination, objections, sidebars, argument outside the presence of the jury, and closing arguments.

Summary: Parties must account for all trial time except voir dire

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial statement ?
Must include: time division ?

Unless the parties stipulate otherwise, or by Court order, the total number of hours will be equally divided between plaintiffs and defendants, regardless of the number of parties.

Summary: Trial time equally divided between plaintiffs and defendants unless stipulated otherwise

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Motion to seal ?
Must include: proposed order

Summary: Motions to seal must include a proposed order listing sealable material in table format.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Amended pleading

If a party files an amended pleading, they shall concurrently file a redlined or highlighted version comparing the amended pleading to the prior operative pleading.

Summary: Amended pleadings must be accompanied by a redlined or highlighted version comparing to prior pleading.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Pretrial statement

The parties must file a joint pretrial statement that addresses all items listed in Criminal Local Rule 17.1-1(b).

Summary: Joint pretrial statement must address all items in Criminal Local Rule 17.1-1(b).

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Pretrial statement

The parties must attach to their pretrial statement a joint set of jury instructions ordered in logical sequence and accompanied by a table of contents.

Summary: Pretrial statement must include joint jury instructions in logical sequence with table of contents.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Jury instructions

The parties must use the Ninth Circuit Model Jury Instructions whenever possible. Proposed deviations from the model instructions, no matter how minor, must be clearly identified by red-lined copy and supported by authority. The Court discourages the unnecessary submission of special instructions or modification of model instructions. Special instructions, if any, must be complete, accurate, balanced, clear, and non-argumentative. Any instruction to which the parties disagree must be marked as "disputed" and must be followed by concise argument and authority in support of and against the use of the instruction.

Summary: Ninth Circuit Model Jury Instructions must be used when possible; deviations must be red-lined with authority; disputed instructions must be marked and supported.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Pretrial statement

The parties also must attach to their pretrial statement a joint list of agreed-upon voir dire questions and a list of any voir dire questions on which they could not agree.

Summary: Pretrial statement must include joint list of agreed voir dire questions and list of disagreed questions.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Verdict form

Counsel for the United States must file and serve a verdict form on the same day as the pretrial conference statement is due. Copies of the verdict form must also be lodged with the pretrial conference statement.

Summary: Verdict form must be filed and served same day as pretrial conference statement; copies must be lodged with statement.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Administrative request
Must include: proposed order

Parties wishing to appear via Zoom shall file and serve an administrative request to appear via Zoom and a proposed order at least one week prior to the scheduled hearing date.

Summary: Parties must file an administrative request and proposed order at least one week before a hearing to appear via Zoom.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management statement

Parties are required to file a joint case management statement not less than eighteen (18) calendar days before a scheduled case management conference, unless the Court sets a different deadline.

Summary: Parties must file a joint case management statement at least 18 calendar days before a scheduled CMC.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management statement

Unless otherwise ordered, the parties’ statement must comply with the terms of the Standing Order for All Judges of the Northern District of California: Contents of Joint Case Management Statement and Civil Local Rule 16-9. Parties must not incorporate prior case management statements by reference.

Summary: Joint case management statement must comply with the Standing Order and Civil Local Rule 16-9, and must not incorporate prior statements by reference.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management statement

In their joint case management statement for the initial case management conference, the parties must propose a full litigation schedule, including a deadline to complete ADR, regardless of whether they have received a ruling on any motion to dismiss.

Summary: Joint case management statement must propose a full litigation schedule and ADR deadline.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed protective order

Parties who seek a protective order or order re: discovery of ESI must, where practicable, use one of the model stipulated orders available at https://cand.uscourts.gov/model-protective-orders or https://cand.uscourts.gov/eDiscoveryGuidelines. Parties must file one of the following with any proposed protective order or order re: discovery of ESI: (a) a declaration stating that the proposed order is identical to one of the model orders except for the addition of case-identifying information or the elimination of language denoted as optional; (b) a declaration explaining each modification to the model order, along with a redline version comparing the proposed order with the model order; or (c) a declaration explaining why use of one of the model orders is not practicable. Proposed orders that are not accompanied by one of the required declarations will be denied without prejudice.

Summary: Proposed protective orders or ESI orders must use model orders where practicable and must be accompanied by a declaration (identity, modification with redline, or explanation of impracticability).

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Stipulation and proposed order
Must include: proposed order

Before the first brief is filed, the parties must submit a stipulation and proposed order setting a briefing schedule for the cross-motions.

Summary: Parties must submit a stipulation and proposed order setting a briefing schedule before the first cross-motion brief is filed.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Sumf
Must include: certificate ?

Each separate SUMFs must be signed by counsel or unrepresented party who has reviewed the document and attests as follows: I attest that the evidence cited herein fairly and accurately supports or disputes the facts as asserted.

Summary: Each SUMF must be signed with an attestation that the evidence cited fairly and accurately supports or disputes the facts.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion for preliminary or final approval

Any motion for preliminary or final approval of a class action settlement must address the respective guidelines in the Northern District of California’s Procedural Guidance for Class Action Settlements, available at https://cand.uscourts.gov/forms/procedural-guidance-for-class-action-settlements/, in the order the guidelines are presented on the website.

Summary: Motions for preliminary or final approval of class action settlements must address the court's Procedural Guidance for Class Action Settlements in order.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Post distribution accounting

the post-distribution accounting must discuss any significant or recurring concerns communicated by class members to the settlement administrator or counsel since final approval, any other issues in settlement administration since final approval, and how any concerns or issues were resolved.

Summary: The post-distribution accounting must discuss concerns from class members and issues in settlement administration.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Post distribution accounting
Must include: proposed order

Class counsel must file a proposed order releasing the remainder of the fees when they file their post-distribution accounting.

Summary: Class counsel must file a proposed order releasing the remainder of fees with the post-distribution accounting.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint claim construction statement

The joint claim construction statement required by Patent Local Rule 4-3 must include a chart, in the format set forth below, listing each disputed term, phrase, or clause (by claim); each party’s proposed construction; and support for each party’s proposed construction side by side.

Summary: The joint claim construction statement must include a chart with disputed terms, proposed constructions, and support side by side.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Amended pleading
Must include: redlined version ?

If a party files an amended pleading, they shall concurrently file a redlined or highlighted version comparing the amended pleading to the prior operative pleading.

Summary: Amended pleadings must be filed with a redlined or highlighted version showing changes.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order
Must include: proposed order

Electronic copies of proposed orders must be sent in Word format to nwpo@cand.uscourts.gov.

Summary: Proposed orders must be emailed in Word format to nwpo@cand.uscourts.gov.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Motion
Must include: notice of motion ?

All criminal motions must be noticed for a hearing in accordance with Criminal Local Rule 47-1.

Summary: Criminal motions must be noticed for hearing per Local Rule 47-1.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Motion
Must include: leave of court

No party will be given reservations for more than two motions without leave of Court, nor will the Court hear more than two motions per party at a particular hearing without leave of Court or a Court order.

Summary: Maximum 2 motions per party per hearing without leave of court.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Motion
Must include: local rule compliance ?

All motions shall comply with Criminal Local Rule 47-2.

Summary: Motions must comply with Criminal Local Rule 47-2.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Reply brief
Must include: court order ?

The Court will not consider reply briefs absent prior order on a showing of good cause.

Summary: Reply briefs to motions in limine require court order showing good cause.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Amended pleading
Must include: redlined version ?

If a party files an amended pleading, they shall concurrently file a redlined or highlighted version comparing the amended pleading to the prior operative pleading.

Summary: Amended pleadings must include redlined or highlighted comparison to prior version.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Proposed order

Electronic copies of proposed orders must be sent in Word format to nwpo@cand.uscourts.gov.

Summary: Proposed orders must be sent in Word format to nwpo@cand.uscourts.gov.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Pretrial statement
Must include: joint filing, comprehensive coverage ?

The parties must file a joint pretrial statement that addresses all items listed in Criminal Local Rule 17.1-1(b).

Summary: Joint pretrial statement required addressing all items in Criminal Local Rule 17.1-1(b).

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Jury instructions
Must include: joint filing, logical sequence, table of contents ?

The parties must attach to their pretrial statement a joint set of jury instructions ordered in logical sequence and accompanied by a table of contents.

Summary: Joint jury instructions with table of contents required with pretrial statement.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Jury instructions
Must include: authority support, model instructions, deviation identification ?

Summary: Must use Ninth Circuit Model Jury Instructions; deviations must be red-lined and supported by authority.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Jury instructions ?
Must include: disputed marking, argument and authority ?

Any instruction to which the parties disagree must be marked as “disputed” and must be followed by concise argument and authority in support of and against the use of the instruction.

Summary: Disputed jury instructions must be marked “disputed” with concise argument and authority.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Voir dire
Must include: joint filing, agreed questions, disputed questions ?

The parties must attach to their pretrial statement a joint list of agreed-upon voir dire questions and a list of any voir dire questions on which they could not agree.

Summary: Joint list of agreed and disputed voir dire questions required with pretrial statement.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Verdict form
Must include: filing, lodging, service +1 more ?

Summary: US counsel must file, serve, and lodge verdict form on same day as pretrial statement.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Pretrial filing ?
Must include: email submission, same day deadline ?

The parties must e-mail Word versions of the proposed jury instructions, voir dire, and verdict form to nwpo@cand.uscourts.gov on the same day they file them.

Summary: Word versions of jury instructions, voir dire, and verdict form must be emailed to nwpo@cand.uscourts.gov same day as filing.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Exhibits
Must include: complete list

Summary: Exhibits must be exchanged at least 21 days before final pretrial conference with complete list.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Exhibits
Must include: meet and confer, good faith effort, stipulation attempt ?

Following the exchange, the parties must immediately meet and confer about the exhibits, including any objections to their use, and must make a good faith effort to stipulate to exhibits’ admissibility.

Summary: Parties must meet and confer immediately after exhibit exchange to stipulate admissibility.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Exhibits

Unless otherwise ordered, at least seven calendar days prior to the beginning of trial, the parties must deliver one set of all pre-marked exhibits in clearly labeled three-ring binders to the courtroom deputy.

Summary: Exhibits must be delivered in three-ring binders to courtroom deputy 7 days before trial.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Exhibits

All exhibits that have not been provided as required are subject to exclusion in the reasonable exercise of the Court’s discretion.

Summary: Exhibits not provided as required may be excluded at court's discretion.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Witness disclosure ?

Failure to comply with this order may, in the discretion of the Court, be grounds for exclusion of any witness who was not properly disclosed.

Summary: Failure to notify witnesses may result in exclusion at court's discretion.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Administrative request
Must include: proposed order

Parties wishing to appear via Zoom shall file and serve an administrative request to appear via Zoom and a proposed order at least one week prior to the scheduled hearing date.

Summary: Parties requesting to appear via Zoom must file and serve an administrative request with a proposed order at least one week before the hearing.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management statement

Summary: Joint case management statements must comply with the referenced standing order and Civil Local Rule 16-9 unless the Court orders otherwise.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management statement ?

Parties must not incorporate prior case management statements by reference.

Summary: Joint case management statements are prohibited from incorporating prior case management statements by reference.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management statement

Summary: Initial joint case management statements must include a full litigation schedule with a deadline to complete ADR, regardless of any pending motion to dismiss rulings.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management statement ?

Parties must explain proposals that deviate from the timeline set forth below.

Summary: Parties must explain any proposed deadlines that deviate from the default timeline provided in the standing order.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management statement

In the section of the joint case management statement addressing “Other References,” the parties must indicate whether all parties consent to the jurisdiction of a magistrate judge.

Summary: The “Other References” section of the joint case management statement must indicate whether all parties consent to the jurisdiction of a magistrate judge.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed protective order ?

Summary: Parties seeking a protective order must use the model stipulated protective order from the court’s website where practicable.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed protective order

Summary: Proposed protective orders must be accompanied by a declaration meeting one of three specified criteria.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed protective order ?

Proposed orders that are not accompanied by one of the required declarations will be denied without prejudice.

Summary: Proposed protective orders not accompanied by the required declaration will be denied without prejudice.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Sumf

Attestation: Each separate SUMFs must be signed by counsel or unrepresented party who has reviewed the document and attests as follows: I attest that the evidence cited herein fairly and accurately supports or disputes the facts as asserted.

Summary: Each Statement of Undisputed Material Facts (SUMF) must be signed by counsel or the unrepresented party who reviewed it, and include the required attestation confirming the evidence fairly supports or disputes the asserted facts.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Sumf

Additional Guidance: The separate SUMFs shall not include argument in support of the summary judgment motion and shall not be used to circumvent the page limits that apply to summary judgment briefing. Parties must include only those facts that are actually cited in the briefs. Facts that are not cited in the summary judgment briefs will not be considered.

Summary: SUMFs are prohibited from containing summary judgment argument or circumventing applicable briefing page limits, must only include facts cited in the summary judgment briefs, and uncited facts will not be considered by the Court.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Objections to evidence

Objections to Evidence: Objections to evidence shall be contained within the objecting party’s brief and shall not be filed as a separate pleading.

Summary: Objections to evidence must be included in the objecting party’s brief and are prohibited from being filed as a separate pleading.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Attorney fees motion ?

In addition to the motion, memorandum, and evidence, a party moving for attorney’s fees must provide the Court with a chart, in the format set forth below, summarizing the hours expended on the major tasks in the case. While the Court has suggested several categories of tasks, the moving party may add or modify categories as necessary. The Court is primarily interested in the number of hours spent per task and per attorney, along with the effective billing rate associated with those hours. The total number of hours reflected in this chart must be identical to the number of hours set forth in the fees motion.

Summary: Motions for attorney’s fees must include a chart summarizing hours expended per task and attorney (with adjustable categories) in the specified format, and the total hours in the chart must match the hours stated in the fees motion.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Class action settlement motion ?

Any motion for preliminary or final approval of a class action settlement must address the respective guidelines in the Northern District of California’s Procedural Guidance for Class Action Settlements, available at https://cand.uscourts.gov/forms/procedural-guidance-for-class-action-settlements/, in the order the guidelines are presented on the website.

Summary: Motions for preliminary or final approval of class action settlements must address the Northern District of California’s Procedural Guidance for Class Action Settlements in the order the guidelines are presented on the court’s website.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Post distribution accounting

Summary: Post-distribution accounting for class action settlements must include, in addition to the Guidance requirements, discussions of class member concerns, settlement administration issues since final approval, and resolutions to those concerns/issues.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Class action settlement motion ?

The final approval motion must specify what percentage class counsel believes it is appropriate to withhold and why.

Summary: Motions for final approval of class action settlements must specify the percentage of attorney’s fees class counsel proposes to withhold (typically 10-25%) and the reasoning for that proposed percentage.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Post distribution accounting
Must include: proposed order

Class counsel must file a proposed order releasing the remainder of the fees when they file their post-distribution accounting.

Summary: Class counsel must file a proposed order releasing the remaining attorney’s fees when submitting the post-distribution accounting for a class action settlement.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint claim construction statement

Summary: Joint claim construction statements required by Patent Local Rule 4-3 must include a side-by-side chart listing each disputed claim term/phrase/clause, each party’s proposed construction, and supporting evidence for each construction.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Amended complaint

If and when a lead plaintiff files an amended complaint, lead plaintiff must set out in chart form its securities fraud allegations under the following headings on a numbered, statement-by-statement basis: (1) the speaker(s), date(s), and medium; (2) the false and misleading statements; (3) the reasons why the statements were false and misleading when made; and (4) the facts giving rise to a strong inference of scienter.

Summary: In PSLRA cases, lead plaintiff must format securities fraud allegations in a chart with specific numbered headings when filing an amended complaint.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management statement ?

Parties must review in detail the Northern District’s electronically stored information (“ESI”) guidelines and checklist for Rule 26(f) conferences, which are available at https://cand.uscourts.gov/eDiscoveryGuidelines. The Court discourages deviation from the ESI guidelines absent good cause. Failure to meet and confer regarding the required topics prior to the initial case management conference, including alternative dispute resolution and ESI, may, in the reasonable exercise of the Court’s discretion, result in sanctions or disciplinary action.

Summary: Parties must follow ESI guidelines and meet/confer on ADR and ESI topics before initial case management conference.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Protective order
Must include: caption, judge name, case number +2 more ?

Summary: Protective orders must use model orders or include required declarations explaining deviations.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Administrative motion

Each administrative motion filed pursuant to Civil Local Rule 79-5(c) and declaration filed pursuant to Civil Local Rule 79-5(f)(3) shall be submitted in Word format by email to nwpo@cand.uscourts.gov on the same day of filing.

Summary: Administrative motions and declarations must be submitted in Word format by email on the same day of filing.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Cross motion
Must include: stipulation, proposed order ?

Before the first brief is filed, the parties must submit a stipulation and proposed order setting a briefing schedule for the cross-motions.

Summary: Stipulation and proposed order setting briefing schedule required before first brief.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Attorneys fees motion ?
Must include: hours chart ?

Summary: Chart summarizing hours expended required with attorneys' fees motion.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Attorneys fees motion ?

Electronic copies of the chart must be sent in Word format to nwpo@cand.uscourts.gov

Summary: Attorneys' fees hours chart must be submitted in Word format by email.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Class action settlement motion ?
Must include: procedural guidance

Any motion for preliminary or final approval of a class action settlement must address the respective guidelines in the Northern District of California’s Procedural Guidance for Class Action Settlements, available at https://cand.uscourts.gov/forms/procedural-guidance-for-class-action-settlements/, in the order the guidelines are presented on the website.

Summary: Class action settlement motions must follow Northern District of California's Procedural Guidance in order.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Class action final approval motion ?
Must include: justification, withholding percentage ?

The final approval motion should specify what percentage class counsel believes it is appropriate to withhold and why.

Summary: Final approval motion must specify appropriate withholding percentage and justification.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint claim construction statement
Must include: disputed terms chart ?

Summary: Joint claim construction statement must include chart with disputed terms and proposed constructions.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint claim construction statement

Electronic copies of the chart included in the joint claim construction statement must be sent in Word format to nwpo@cand.uscourts.gov.

Summary: Joint claim construction chart must be submitted in Word format by email.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Amended pleading

If a party files an amended pleading, they shall concurrently file a redlined or highlighted version comparing the amended pleading to the prior operative pleading.

Summary: Amended pleadings require concurrent redlined/highlighted comparison version.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order
Must include: proposed order

Electronic copies of proposed orders must be sent in Word format to nwpo@cand.uscourts.gov.

Summary: Proposed orders must be emailed in Word format to nwpo@cand.uscourts.gov.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Hearing materials ?
Must include: notice of electronic filing ?

Any materials used during a hearing or case management conference shall be electronically filed within seven days of the hearing or case management conference.

Summary: Materials used at hearings must be filed electronically within 7 days.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial statement ?
Must include: certificate of conference ?

At least 21 calendar days before the final pretrial conference, lead trial counsel must meet and confer with respect to:

Summary: Lead trial counsel must meet and confer at least 21 days before final pretrial conference

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial statement
Must include: judge name, case number ?

Unless otherwise ordered, the parties must file and serve a joint pretrial statement no later than 14 calendar days before the pretrial conference.

Summary: Joint pretrial statement must be filed 14 days before pretrial conference

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial statement ?
Must include: trial time in hours ?

The parties must provide the total number of hours needed for the trial. Except for voir dire, ALL time should be accounted for, including but not limited to opening statements, closing arguments, cross-examination, sidebars, objections, and argument outside the presence of the jury.

Summary: Parties must account for all trial time (except voir dire) in hours

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial statement ?

Unless the parties stipulate otherwise, or by Court order, the total number of hours will be equally divided between plaintiffs and defendants, regardless of the number of parties.

Summary: Trial hours equally divided between plaintiffs and defendants unless stipulated otherwise

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial statement ?

The parties will be required to keep track of their time each day, account for all available hours the jury is available (irrespective of whether the parties elect to use all of those hours), and report the stipulated division of time to the Court each day.

Summary: Parties must track and report daily time usage to court

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial statement

The joint pretrial statement described above must include the following language directly above the signature lines: The parties have made the foregoing admissions and set forth the remaining issues of fact and law to be litigated at trial. This Joint Pretrial Statement supplements the parties' pleadings and, along with the Court's orders, governs the course of trial of this case.

Summary: Joint pretrial statement must include binding language above signature lines.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Pretrial conference
Must include: attendance ?

Pretrial conferences are held in person. Lead counsel who will try the case, or the party if self-represented, must attend the pretrial conference and be prepared to address all aspects of trial; this includes the substance of all documents, arguments, and issues set forth in this standing order.

Summary: Lead counsel or self-represented party must attend pretrial conference in person.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibits
Must include: exchange

At least 21 calendar days before the final pretrial conference, the parties must exchange copies of all exhibits, summaries, charts, schedules, together with a complete list of all such proposed exhibits. Voluminous exhibits must be reduced by elimination of irrelevant portions or through summaries.

Summary: Parties must exchange exhibits 21 days before final pretrial conference.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Jury materials ?
Must include: list of participants, proposed jury instructions, proposed jury verdict form +1 more ?

no later than 14 calendar days before the pretrial conference, the parties must jointly file and serve the following documents, described further below, with two courtesy copies delivered to the Court, and Word versions emailed to nwpo@cand.uscourts.gov: (a) list of participants; (b) agreed upon voir dire questions; (c) proposed jury instructions; and (d) a proposed jury verdict form.

Summary: Jury materials (participants list, voir dire, instructions, verdict form) due 14 days before pretrial conference with two courtesy copies and Word versions emailed.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Voir dire questions
Must include: agreed questions, disputed questions, court preferred questions ?

The parties must provide for the Court’s consideration: a list of any agreed upon voir dire questions; a separate list of requested voir dire questions on which counsel cannot agree; and, a list of questions, if any, the parties would prefer the Court ask the jurors.

Summary: Parties must submit agreed and disputed voir dire questions to Court.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Witness exhibit list ?
Must include: exhibit list, witness list ?

Unless otherwise ordered, by the close of each trial day each party must notify all other parties of all witnesses that party intends to call on the following trial day and shall provide a list of all exhibits that will be used on direct and cross-examination (other than for impeachment of an adverse witness).

Summary: Parties must notify others of next day's witnesses and exhibits by end of each trial day.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit list
Must include: outstanding objections

If the parties have not stipulated to the admission of the exhibits that will be used for those witnesses, the exhibit list must include the outstanding objections.

Summary: Exhibit list must include outstanding objections if not stipulated.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit
Must include: exhibit list ?

Immediately before each new witness takes the stand, counsel calling the witness, or conducting cross-examination, shall place on the witness stand a clearly marked copy of each exhibit that counsel expects to reference during direct examination or cross-examination respectively.

Summary: Counsel must place clearly marked exhibit copies on witness stand before each witness.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Objection

Counsel shall stand when making objections and briefly state the basis of the objection. Counsel shall not make speaking objections. Counsel shall not expand on the basis for the objection, or respond to the objection of another party, unless requested by the Court.

Summary: Objections must be brief and standing; no speaking objections allowed.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit
Must include: exhibit list ?

At the conclusion of the trial, each party must retain its exhibits throughout the appellate process. It is each party’s responsibility to arrange with the Office of the Clerk of Court to file the record on appeal.

Summary: Parties must retain exhibits throughout appellate process and arrange record filing.

Judge Noël Wise

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management statement
Must include: judge name, case number ?

Joint Case Management Statements are due 7 days before the conference.

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion to exclude expert testimony
Must include: dispositive motion deadline

Motions to Exclude Expert Testimony must be filed by the dispositive motions deadline.

Summary: Motions to Exclude Expert Testimony must be filed by dispositive motions deadline.

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion ?
Must include: accurate facts, accurate citations ?

Citations and factual assertions must be completely accurate. Misrepresentations of law or fact, however subtle, may result in sanctions.

Summary: Citations and factual assertions must be completely accurate.

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Reply brief
Must include: consolidated reply

If multiple parties file separate opposition briefs to a motion, the moving party must file a single consolidated reply brief complying with the default page limits.

Summary: Moving party must file single consolidated reply brief when multiple opposition briefs are filed.

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Amended pleading
Must include: redlined document

Attach as an exhibit to any amended or proposed amended pleading a redlined document showing the changes made to the previously filed pleading.

Summary: Attach redlined document showing changes to amended pleadings.

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion ?
Must include: evidence objections in briefs ?

Object to evidence within briefs. Do not file separate pleadings.

Summary: Object to evidence within briefs, not separate pleadings.

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order
Must include: proposed order

Proposed Orders. File proposed orders on ECF as PDFs and email Word versions to pcppo@cand.uscourts.gov. Proposed orders are only necessary for administrative motions, ex parte applications, and motions seeking specific relief.

Summary: Proposed orders required for administrative motions, ex parte applications, and motions seeking specific relief.

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Demonstratives

Send any demonstratives to opposing counsel and Judge Pitts's CRD (via email) 48 hours in advance.

Summary: Demonstratives must be sent to opposing counsel and CRD via email 48 hours in advance.

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Class action settlement motion ?

Parties submitting motions for preliminary or final approval of class action settlements must follow these guidelines: https://cand.uscourts.gov/forms/procedural-guidance-for-class-action-settlements/. Parties should include an appendix with their brief that responds to the specific requirements outlined in the guidelines.

Summary: Class action settlement motions must follow specific guidelines and include an appendix.

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion

Proposed orders are not necessary for most substantive motions, such as motions for summary judgment and motions to dismiss. File proposed orders only in connection with administrative motions, ex parte applications, and motions that ask for specific relief (e.g., a motion for a preliminary injunction or an application for a temporary restraining order) or factual findings (e.g., a motion to approve a class settlement or for attorneys’ fees).

Summary: Proposed orders required only for administrative motions, ex parte applications, and motions seeking specific relief or factual findings.

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order
Must include: specific relief sought

Proposed orders submitted in connection with motions for injunctive relief should state the specific relief sought. Proposed orders must be both filed on ECF in PDF form and emailed in Word form to pcppo@cand.uscourts.gov. Orders submitted only by email are not deemed filed and may not be seen by the Judge.

Summary: Proposed orders for injunctive relief must be filed on ECF (PDF) and emailed (Word) to specific address.

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Plea agreement

If a plea is being entered pursuant to a plea agreement, government counsel shall email a copy of the plea agreement to Judge Pitts’s Courtroom Deputy Nicole Coleman at pcpcrd@cand.uscourts.gov by 2:00 p.m. the Monday before the plea is to be entered. If there is to be an open plea, counsel for the defendant shall notify the Court by 2:00 p.m. the Monday before the plea is to be entered.

Summary: Plea agreements must be emailed to Courtroom Deputy by 2:00 p.m. Monday before plea; open pleas require notification by same deadline.

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Joint pretrial conference statement
Must include: caption, judge name, case number +2 more ?

Counsel shall comply with Local Rule 17.1-1(b) and file a joint pretrial conference statement not less than seven days prior to the pretrial conference addressing all fifteen issues identified therein. Counsel shall meet and confer in advance on proposed jury instructions, voir dire questions, exhibits, and stipulations, all of which must be attached to their joint pretrial conference statement. Counsel should be prepared to discuss with the Court any anticipated evidentiary objections and any means for shortening and simplifying the trial. Counsel should submit an agreed upon set of additional requested voir dire questions to be posed by the Court. Any voir dire questions on which counsel cannot agree shall be submitted separately.

Summary: Joint pretrial conference statement required 7 days before pretrial conference, addressing 15 issues, with attached jury instructions, voir dire, exhibits, and stipulations.

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Pretrial conference statement
Must include: joint set

The parties must attach to their pretrial conference statement a joint set of jury instructions ordered in logical sequence and accompanied by a table of contents.

Summary: Joint jury instructions with table of contents required with pretrial conference statement

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Special instructions

Special instructions, if any, must be complete, accurate, balanced, clear, and non-argumentative.

Summary: Special instructions must be complete, accurate, balanced, clear, and non-argumentative

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Jury instructions ?
Must include: disputed instructions marked ?

Any instruction on which the parties disagree should be marked as 'disputed' and in the place where the proposing party believes the instruction should be given. Disputed instructions must be followed by concise argument and authority in support of and against the use of the instruction.

Summary: Disputed instructions must be marked 'disputed' with concise argument and authority

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint trial availability statement
Must include: joint availability, trial duration estimate ?

Joint Trial Availability Statement. At least one week before the trial setting conference, the parties shall file a joint statement specifying their joint availability for trial and an estimate of the total number of hours or days needed for trial.

Summary: Parties must file joint trial availability statement one week before trial setting conference.

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Preliminary statement
Must include: joint statement

Preliminary statement: A one-paragraph joint statement of the case to be read at voir dire.

Summary: One-paragraph preliminary statement required for jury voir dire.

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed jury questions
Must include: agreed upon questions

Proposed jury questions: A list of up to nine agreed-upon questions to be asked in the online questionnaire that will be sent to prospective jurors before jury selection.

Summary: Up to nine proposed jury questions required for online questionnaire.

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed voir dire questions
Must include: agreed upon questions

Proposed voir dire questions: A list of agreed upon-questions to be posed by the Court after initial voir dire. The parties should formulate these questions such that they require only "yes"/"no" answers enabling jurors to raise their hands in response.

Summary: Agreed-upon voir dire questions requiring yes/no answers.

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: List of involved individuals
Must include: list of all involved ?

List of involved individuals: A list of all people involved in this case (including counsel, parties, and potential witnesses) to be shared during jury selection.

Summary: List of all involved individuals required for jury selection.

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed jury instructions
Must include: joint instructions ?

Proposed jury instructions: A joint set of proposed jury instructions. Proposed instructions should follow the Ninth Circuit Model Jury Instructions to the extent possible, and any deviations must be indicated.

Summary: Joint proposed jury instructions following Ninth Circuit Model Instructions.

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed verdict form
Must include: proposed verdict form

Proposed verdict form: A single agreed upon proposed verdict form if possible, or separate proposed verdict forms if the parties cannot reach agreement.

Summary: Proposed verdict form required (joint if possible, separate if not).

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint filing of trial exhibits
Must include: expert reports, deposition transcripts, single set of all exhibits ?

Joint Filing of Trial Exhibits. The parties shall prepare a single set of all trial exhibits, expert reports of testifying experts, and deposition transcripts of testifying witnesses that will be the official record and, if applicable, used on appeal.

Summary: Single joint filing required for all trial exhibits and expert reports.

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Trial exhibits
Must include: meet and confer in person

Before submitting trial exhibits, the parties shall meet and confer in person to consider exhibit numbers, eliminate duplicates, and minimize confusion, and make a good faith effort to stipulate to admissibility.

Summary: Parties must meet and confer in person before submitting trial exhibits.

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Trial exhibits ?
Must include: stipulate to authenticity and foundation

At minimum, absent a legitimate objection, the parties shall make every effort to stipulate to authenticity and foundation.

Summary: Parties must make good faith effort to stipulate to authenticity and foundation.

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibits
Must include: exhibit list ?

At least five days prior to the commencement of trial, the parties shall deliver to the Courtroom Deputy two USB drives that each contain one set of exhibits, with each exhibit as a separate file.

Summary: Digital exhibit copies required on USB drives 5 days before trial.

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Audio video exhibits ?
Must include: transcript

The parties must provide agreed-upon transcripts of any audio or video exhibits used at trial by the day offered.

Summary: Transcripts required for audio/video exhibits on day offered.

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Special equipment motion ?
Must include: joint motion ?

If the parties plan to bring special equipment into the courthouse (e.g., printers, monitors, other large objects or unusual technology), the parties must submit a joint administrative motion seeking permission to bring in said special equipment.

Summary: Joint motion required for special equipment in courthouse.

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition objections ?
Must include: spreadsheet

The parties shall also email pcppo@cand.uscourts.gov and pcpchambers@cand.uscourts.gov an editable spreadsheet identifying the deposition page and line number(s) for each objection.

Summary: Spreadsheet required for deposition objections via email.

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Special equipment
Must include: court order

The Court security officers will not permit entrance of special equipment without a court order.

Summary: Special equipment requires court order for courthouse entry.

Judge P. Casey Pitts

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Pretrial statement
Must include: proposed order

the parties shall file and serve a Joint Pretrial Statement and Proposed Order containing the following information: 1. Substance of the Action. A brief description of the parties, the substance of claims and defenses that remain to be decided, and the operative pleadings that raise the issues; 2. Relief Prayed. A detailed statement of all relief claimed, particularly itemizing all elements of damages claimed; 3. Undisputed Facts. A plain and concise statement of all relevant facts to which the parties will stipulate for incorporation into the trial record without the necessity of supporting testimony or exhibits. The parties shall exercise good faith in stipulating to facts that are not reasonably disputable; 4. Disputed Factual Issues. A plain and concise list of the issues of fact that are contested and remain to be litigated at trial; 5. Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts; 6. Stipulations. A statement of proposed stipulations or agreements that will expedite the presentation of evidence; 7. Witnesses to be Called. A list of all witnesses likely to be called at trial, other than solely for impeachment or rebuttal, together with a brief statement following each name describing the substance of the testimony to be given. No party shall be permitted to call any witness in its case in chief who is not disclosed in its pretrial statement without leave of court for good cause; 8. Exhibits, Schedules and Summaries. A list of all documents and other items to be offered as exhibits at the trial, other than solely for impeachment or rebuttal, with a brief statement following each, describing its substance or purpose and the identity of the sponsoring witness; 9. Disputed Legal Issues. Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions; 10. Pending Motions or Matters. A statement of any motions or matters that must be resolved prior to trial; 11. Bifurcation, Separate Trial of Issues. A statement of whether bifurcation or a separate trial of specific issues is feasible and desired; 12. Estimate of Trial Time. An estimate of the number of hours or days needed for the trial; and, 13. Miscellaneous. Any other matters that will facilitate the just, speedy and efficient determination of the action.

Summary: Joint Pretrial Statement must contain 13 specified items including substance, relief, undisputed facts, disputed facts, witnesses, exhibits, legal issues, etc., and must include a proposed order.

Judge Richard Seeborg

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial statement

The Joint Pretrial Statement and Order described above shall recite, directly above the signature lines of each party, the following: The foregoing admissions having been made by the parties, and the parties having specified the foregoing issues of fact and law remaining to be litigated, this order shall supplement the pleadings and govern the course of trial of this cause, unless modified to prevent manifest injustice.

Summary: Joint Pretrial Statement and Order must include specific language above signature lines.

Judge Richard Seeborg

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Jury instructions

the parties shall meet and confer and submit jointly an agreed set of instructions, using the Model Jury Instructions of the Ninth Circuit where appropriate. In the event the parties are unable to agree to the language of a particular instruction, the objecting party shall submit a written objection or an alternative proposed instruction placed in sequence immediately following the disputed instruction. The joint set of jury instructions shall be submitted in hard copy as well as in word processing format via email to RSpo@cand.uscourts.gov.

Summary: Jury instructions must be jointly submitted in hard copy and via email, using Ninth Circuit model instructions, with objections placed after disputed instructions.

Judge Richard Seeborg

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Emergency application ?
Must include: certificate of conference ?

If the party seeking emergency relief does not show that it made every reasonable effort to notify the opposing party, at the earliest possible time, of its intent to seek emergency relief, the relief will not be granted.

Summary: Emergency relief requires showing reasonable effort to notify opposing party.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion
Must include: certificate of conference ?

Counsel for the moving party shall confer with opposing counsel about a mutually convenient hearing date before noticing any motion.

Summary: Moving party must confer with opposing counsel before noticing motion.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Amended pleading
Must include: redlined version ?

If a party files an amended pleading, they shall concurrently file a redlined or highlighted version comparing the amended pleading to the prior operative pleading.

Summary: Redlined or highlighted version required with amended pleadings.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Case management conference
Must include: attorney with full authority ?

The attorney appearing at a case management conference need not be lead counsel but must have full authority to make decisions about any issue that may come up during the conference.

Summary: Attorney at case management conference must have full decision-making authority.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Case management statement
Must include: full litigation schedule, proposed last day to amend pleadings ?

Summary: Case management statement must include full litigation schedule when motion to dismiss is pending.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Discovery
Must include: discovery cutoff includes all harmonized ?

The discovery cut-off is the date by which all discovery must be completed, including hearings on discovery motions and any resulting additional discovery ordered at those hearings.

Summary: Discovery cutoff includes all discovery and related hearings.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint discovery letter ?
Must include: excerpt of specific discovery request or response ?

No exhibits may be submitted with the letter other than an excerpt of the specific discovery request or response that is the subject of the letter.

Summary: Joint discovery letter limited to specific discovery request/response excerpts.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Protective order
Must include: indication of model order usage ?

Summary: Protective order filings must indicate if based on model order.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Protective order ?
Must include: redline comparison of deviations ?

If they have, they must identify any deviations from the model order by submitting as an exhibit a redline comparison of their proposed order and the model order.

Summary: Deviations from model protective order must be shown via redline comparison.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibits
Must include: notice of electronic filing ?

All exhibits to motions should be separately filed on ECF. For example, if the motion is Docket No. 30, and the declaration with 10 exhibits is Docket No. 31, Exhibit A would be filed as Docket No. 31-1, Exhibit B would be Docket No. 31-2, and so on.

Summary: All exhibits to motions must be separately filed on ECF with sequential numbering.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion to seal ?
Must include: local rule certificate ?

Summary: Proposed orders for sealing must identify legal standard and explain compliance.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion to seal
Must include: local rule certificate ?

If counsel has a complicated sealing motion, counsel shall file the Motion to Seal Summary Table linked on the Standing Orders page of Judge Lin's website.

Summary: Complicated sealing motions require filing the Motion to Seal Summary Table.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Brief

Summary: Exhibits must be cited with declaration, exhibit letter/number, and page/line numbers.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Summary judgment motion

The parties shall not file joint or separate statements of undisputed facts in connection with summary judgment motions.

Summary: Joint or separate statements of undisputed facts prohibited for summary judgment motions

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Expert report ?
Must include: written report, expert disclosure, fr cp 26 a 2 b compliance ?

Summary: Expert witnesses must be disclosed and provide written reports under FRCP 26(a)(2)(B)

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Expert report

All expert reports shall number each paragraph to facilitate any motion practice challenging the specifics of any opinions and shall include a table of contents.

Summary: Expert reports must number paragraphs and include table of contents

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Expert report ?

At the beginning of the report, the expert shall list and number each opinion to be proffered in the report and, if applicable, provide an executive opinion of each.

Summary: Expert reports must list and number opinions at beginning, with executive summary if applicable

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Witness disclosure ?
Must include: percipient witness expert technical knowledge ?

Summary: Percipient witnesses with expert-level technical expertise must be identified by expert disclosure deadline

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Expert disclosure ?
Must include: written materials relied upon by expert ?

Summary: Expert disclosure must include all written materials relied upon by the expert

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Class action release ?

Release language should make clear that the class members are releasing claims based only on the identical factual predicate. Each proposed notice should make that clear as well. Hesse v. Sprint Corp., 598 F.3d 581, 590 (9th Cir. 2010).

Summary: Release language must specify claims based only on identical factual predicate

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Class action notice ?

If a proposed notice to class members (or prospective class members) requires a written objection as a prerequisite to appearing in court to object to the settlement, the notice must specify that this requirement may be excused upon a showing of good cause. The Court will require only substantial compliance with the requirements for submitting an objection, and this should be made clear in any notice to class members.

Summary: Notice must specify written objection requirement may be excused for good cause; requires only substantial compliance

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Class action settlement
Must include: payment disclosure, settlement administrator declaration ?

The proposed settlement administrator must submit a declaration that (a) states whether they will receive any payments in connection with their administration of the settlement other than the fee described in the preliminary approval papers, including any payments from third-party vendors, (b) if so, describes those payments, (c) regardless whether they are receiving such payments in this case, states whether they have received such payments in the past in connection with other class action settlements, and (d) if so, describes the nature of those payments in the past and whether their practice has changed in accepting those payments.

Summary: Settlement administrator must submit declaration detailing all payments received

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Claim construction statement
Must include: order terms by priority ?

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.

Summary: Court will construe only first ten terms if more than ten submitted without leave.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Pslra chart ?
Must include: case number, certificate of service ?

Summary: Securities plaintiffs must file PSLRA chart within 14 days of complaint service.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Pslra chart ?
Must include: adhere to operative complaint ?

The chart must strictly adhere to the allegations in operative complaint and may not include any new or supplemental information or explanation.

Summary: PSLRA chart must strictly adhere to operative complaint allegations.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Plea agreement
Must include: chambers copy ?

If a plea is being entered pursuant to a plea agreement, counsel for the defendant shall email a copy of the plea agreement to rflcrd@cand.uscourts.gov no later than noon two court days before the plea is to be entered. Normally, that would be Tuesday at noon.

Summary: Plea agreement must be emailed to chambers 2 court days before plea entry by noon.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Joint proposed jury instructions ?
Must include: relevant authority indicated ?

The parties should indicate the relevant authority for a proposed instruction. The parties should almost always use the Ninth Circuit Model Jury Instructions and, if a modification is proposed, should clearly identify any changes to the model instructions via highlighting or redline.

Summary: Must indicate relevant authority and use Ninth Circuit Model Jury Instructions with changes highlighted

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Jury questionnaire objection ?
Must include: objections to standard questionnaire ?

No later than 21 days before the pretrial conference, the parties should submit objections to any aspect of the standard questionnaire.

Summary: Objections to standard jury questionnaire due 21 days before pretrial conference

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Joint pretrial statement
Must include: joint filing ?

No later than 14 days before the pretrial conference, the parties must file a joint pretrial statement that addresses the items listed in Criminal Local Rule 17.1-1(b).

Summary: Joint pretrial statement due 14 days before pretrial conference

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Motion in limine
Must include: filing deadline ?

Any motions in limine must be filed no later than 14 days before the pretrial conference. Oppositions must be filed at least 7 days before the pretrial conference. No reply papers will be considered.

Summary: Motions in limine due 14 days before pretrial conference; oppositions due 7 days before

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Joint proposed jury instructions
Must include: word format, joint filing, email submission ?

The parties should file joint proposed jury instructions, and send a copy in Word format to rflpo@cand.uscourts.gov, no later than 7 days before the pretrial conference.

Summary: Joint proposed jury instructions due 7 days before pretrial conference

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Joint proposed jury instructions ?
Must include: stipulated instruction labeling ?

Instructions on which the parties agree must be identified as "Stipulated Jury Instruction No. __ Re _____," with the blanks filled in as appropriate.

Summary: Agreed instructions must be labeled "Stipulated Jury Instruction No. __ Re _____"

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Joint proposed jury instructions ?
Must include: disputed instruction labeling ?

Summary: Disputed instructions must be labeled "Disputed Instruction No. ____ Re ____________ Offered by _________________"

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Joint proposed jury instructions ?
Must include: one page explanation for disputed instructions ?

Following each set of proposed versions of a disputed instruction, each party shall explain, in no more than one page, why the Court should give that party's proposed instruction.

Summary: One-page explanation required for each disputed instruction

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Objection to unconscious bias video ?
Must include: objection statement ?

If a party objects to prospective jurors' viewing this video, the party must file a short statement (not to exceed one page double-spaced) explaining its objection.

Summary: Objection to unconscious bias video must be filed (max 1 page double-spaced)

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Joint proposed case description ?
Must include: word format, joint filing, email submission ?

No later than 7 days before the pretrial conference, the parties should jointly file, and send in Word format to rflpo@cand.uscourts.gov, a proposed description of the case.

Summary: Joint proposed case description due 7 days before pretrial conference

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Joint proposed verdict forms ?
Must include: word format, joint filing, email submission ?

No later than 7 days before the pretrial conference, the parties must jointly file, and send in Word format to rflpo@cand.uscourts.gov, either an agreed-upon proposed verdict form or competing proposed verdict forms.

Summary: Joint verdict forms due 7 days before pretrial conference

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Exhibit list ?
Must include: word format, email submission, individual filing ?

No later than 7 days before the pretrial conference, each party must file, and send in Word format to rflpo@cand.uscourts.gov, a list of exhibits.

Summary: Exhibit lists due 7 days before pretrial conference

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Witness list ?
Must include: word format, joint filing, email submission ?

No later than 7 days before the pretrial conference, the parties must file, and send in Word format to rflpo@cand.uscourts.gov, lists of potential witnesses reasonably anticipated to be called at trial.

Summary: Witness lists due 7 days before pretrial conference

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Involved individual list ?
Must include: word format, joint filing, email submission ?

No later than 7 days before the pretrial conference, the parties must jointly file, and send in Word format to rflpo@cand.uscourts.gov, a list of people involved in the case.

Summary: Involved individual lists due 7 days before pretrial conference

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Exhibits
Must include: daily consultation ?

Counsel must consult with each other and with the Courtroom Deputy at the end of each trial day about which exhibits are in evidence and any limitations thereon. If there are any disagreements, counsel should promptly bring them to Judge Lin’s attention.

Summary: Counsel must consult daily about exhibits in evidence and promptly raise disagreements to Judge.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Exhibits
Must include: announce number when used ?

Counsel must clearly announce the number of any exhibit used during the proceedings, even if it has already been admitted.

Summary: Counsel must announce exhibit numbers when used, even if already admitted.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Exhibits
Must include: final conference with deputy ?

At the close of evidence, before closing arguments, counsel must confer with the Courtroom Deputy to make sure the exhibits in evidence are in good order.

Summary: Counsel must confer with Courtroom Deputy at close of evidence to verify exhibit order.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Exhibits
Must include: jury notebooks permission required ?

Exhibit notebooks for the jury will not be permitted without prior permission from Judge Lin.

Summary: Jury exhibit notebooks require prior permission from Judge Lin.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Deadline: 5 days before trial ?
Applies to: Transcript preparation ?
Must include: joint list of names places terms ?

No later than 5 days prior to the start of trial, the parties must provide the Court Reporter a jointly created list of names, places, and any uncommon terms or acronyms that are likely to come up during the trial.

Summary: Parties must provide Court Reporter a joint list of names/terms/acronyms 5 days before trial.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Trial equipment ?
Must include: party provided equipment ?

During trial, counsel may wish to use computer graphics, poster blow-ups, or models. The parties must provide such equipment.

Summary: Parties must provide their own computer graphics, poster blow-ups, or models for trial.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Trial safety ?
Must include: tape extension cords for safety ?

The parties shall tape extension cords to the carpet for safety.

Summary: Parties must tape extension cords to carpet for safety.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Jury selection research ?
Must include: no social media notifications to jurors ?

Contact includes actions taken by a party, attorney, investigator, etc., that trigger a notification to a prospective juror that their social media profile has been viewed by someone, even if that notification does not specify who viewed the profile, is inadvertent, or is provided automatically by the social media site (e.g., a LinkedIn notification that prospective juror’s profile was viewed by an “anonymous person,” or certain social media sites that automatically provide a list of accounts that have viewed the prospective juror’s posts or content).

Summary: Viewing social media profiles that trigger notifications to prospective jurors constitutes prohibited contact.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Jury selection research ?
Must include: no social media requests to jurors ?

No “follow requests,” “friend requests,” or the like may be sent to any prospective juror on any social media site, regardless of whether a profile is public or private.

Summary: No follow/friend requests may be sent to prospective jurors on any social media site.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Jury selection research ?
Must include: no in person surveillance

No in-person surveillance, no matter how...

Summary: No in-person surveillance of prospective jurors is permitted.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint discovery letter ?
Must include: proposed order

Both sides must submit proposed orders as well.

Summary: Both parties must submit proposed orders with joint discovery dispute letters.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Applies to: Protective order
Must include: proposed order

Parties requesting a protective order are encouraged to base any proposed order on the model protective orders on the Northern District’s website. When filing a proposed protective order, at the very beginning of their stipulation or motion, parties must indicate whether they have based their proposed order on one of the Northern District’s model protective orders. If they have, they must identify any deviations from the model order by submitting as an exhibit a redline comparison of their proposed order and the model order.

Summary: Proposed protective orders should use model orders, must state if model was used, and submit redline comparison of deviations as exhibit.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Applies to: Motion
Must include: proposed order

Summary: Proposed orders are required for administrative motions, ex parte applications, discovery disputes, and factual finding motions (class settlement, attorney fees).

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Applies to: Motion to seal ?
Must include: proposed order

Summary: Proposed orders for motions to seal must identify the legal standard and explain compliance with Local Rule 79-5(c)(1).

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Applies to: Expert report

Summary: Expert reports must include a table of contents.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Applies to: Release

Release language should make clear that the class members are releasing claims based only on the identical factual predicate.

Summary: Release language must clarify that class members release only claims based on the identical factual predicate.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Applies to: Proposed notice

Each proposed notice should make that clear as well.

Summary: Proposed notices must clarify that class members release only claims based on the identical factual predicate.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Applies to: Preliminary approval motion ?

If the parties seek an injunction, the motion for preliminary approval must explain why.

Summary: Preliminary approval motions seeking injunctions must explain why the injunction is necessary.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Applies to: Proposed notice

Summary: Proposed notices requiring written objections for court appearances must state the requirement may be excused with good cause.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Applies to: Proposed notice ?

The Court will require only substantial compliance with the requirements for submitting an objection, and this should be made clear in any notice to class members.

Summary: Proposed notices must state that only substantial compliance with objection requirements is required.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Applies to: Settlement administrator declaration ?
Must include: ai disclosure ?

whether artificial intelligence will be used to administer the settlement by the administrator, its subcontractors, or its vendors and, if so, what safeguards will ensure accuracy and lack of bias

Summary: Settlement administrator declarations must disclose AI use and safeguards for accuracy and bias.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Applies to: Settlement administrator declaration ?

Summary: Settlement administrator declarations must include all specified compensation, data sharing, AI, fraud prevention, and historical performance details.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Applies to: Notice plan

The notice plan should address whether a significant portion of the class does not speak English and if so, whether class notice in other language(s) should be provided.

Summary: Notice plans must address non-English speaking class members and need for translated notices.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Applies to: Preliminary approval motion ?

The motion must discuss whether notice by email and/or social media, use of online claims and opt-out forms, and a website for the settlement are appropriate, and if not, explain why not.

Summary: Preliminary approval motions must discuss appropriateness of email, social media, online forms, and settlement websites for notice.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Applies to: Email notice

Any email notice shall include a plan for updating email addresses and making a second attempt at notice if the emails bounce back.

Summary: Email notices must include a plan to update addresses and retry bounced emails.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Applies to: Social media notice plan ?

Any social media or online publication notice plan shall explain in detail how widespread viewing of the notice by likely class members will be accomplished.

Summary: Social media notice plans must detail how widespread viewing by class members will be achieved.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Applies to: Preliminary approval motion ?

Summary: Monetary settlement motions must discuss redistributing unclaimed funds to participating class members.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Applies to: Preliminary approval motion ?

If the settlement requires class members to file claims, as opposed to simply receiving checks, the motion must address why that is appropriate.

Summary: Settlement motions requiring claims must explain why claims are appropriate instead of automatic checks.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Applies to: Preliminary approval motion ?

(b) a description of any potential conflict of interest, or potential appearance of conflict of interest, for counsel or their litigation funder(s) in the selection of the administrator, including any financial relationship and any large gifts over $500; (c) class counsel’s assessment of whether settlement funds held in escrow will receive market-rate interest and be held in appropriately risk-free instruments, and the basis for that assessment; and (d) the basis for counsel’s conclusion that the proposed administration arrangements serve the best interests of the settlement class.

Summary: Preliminary approval motions must include class counsel’s conflict disclosures, escrow assessments, and administration suitability conclusions.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Applies to: Motion for attorneys fees

In proposing a schedule for final approval of a class settlement, the parties must ensure that the motion for attorneys’ fees is filed at least 35 days before the deadline for

Summary: Attorneys’ fees motions must be filed at least 35 days before the final approval deadline.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Applies to: Proposed order

Summary: Proposed orders granting final approval must list all settlement administration dates, including check mailing dates to class members.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Applies to: Final approval motion

The final approval motion shall include an update from the settlement administrator on any notice problems, repeated issues of confusion among claimants, or fraud issues. If the notice plan included social media or online publication notice, the settlement administrator shall also provide information about the number of impressions, settlement website views, claim forms begun, and claim forms completed.

Summary: Final approval motions must include settlement administrator updates on notice issues, claimant confusion, fraud, and social media/online notice metrics if applicable.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Applies to: Attorneys fees motion

To permit an accurate lodestar cross-check, the attorneys’ fees motion should be supported with detailed summaries, including a breakdown of fees by task (e.g., prefiling investigation, preparing complaint, motion to dismiss, document review, depositions, mediation, etc.), the blended hourly rate for each task, and a detailed justification for the work done (e.g., nature of unusually complex work with expert, number of depositions or documents reviewed, etc.).

Summary: Attorneys’ fees motions must include detailed fee summaries, task breakdowns, blended hourly rates, and work justifications.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Applies to: Post distribution accounting

Summary: Post-Distribution Accounting must include class member concerns, settlement administration issues, and cost calculations per valid claim.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Applies to: Proposed order

The proposed order granting final approval should incorporate that provision, unless the parties’ approval motion explains why that provision would be particularly burdensome under the circumstances.

Summary: Proposed orders granting final approval must include fee withholding provision unless approval motion explains burden.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Applies to: Proposed findings of fact ?

No later than seven days before the Rule 52 hearing, the parties must also file joint proposed undisputed findings of fact and conclusions of law, and separately file disputed findings of fact and conclusions of law.

Summary: Rule 52 parties must file joint undisputed and separate disputed findings of fact and conclusions of law seven days before hearing.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Applies to: Securities allegations chart ?

Summary: Plaintiff must file a securities allegations chart within 14 days of complaint service, containing specific required content and no new information.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Applies to: Securities allegations chart ?

Summary: New securities chart filed with amended complaint may not include misstatements not in prior chart without court leave or Rule 15 stipulation.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Amended pleading
Must include: redlined version ?

If a party files an amended pleading, they shall concurrently file a redlined or highlighted version comparing the amended pleading to the prior operative pleading.

Summary: Redlined or highlighted version required when filing amended pleadings.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Case management conference
Must include: attorney authority ?

The attorney appearing at a case management conference need not be lead counsel but must have full authority to make decisions about any issue that may come up during the conference.

Summary: Attorney at case management conference must have full decision-making authority.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Discovery
Must include: all productions made by cut off, all discovery completed by cut off, all discovery motions resolved by cut off ?

Judge Lin sets discovery cut-off dates that are different than the default set by Civil Local Rule 37-3. The discovery cut-off set by Judge Lin is the date by which all discovery must be completed. This means that all hearings on discovery motions must occur, all orders resolving those motions must be issued, and all productions must be made by the cut-off date. Accordingly, all discovery requests shall be served and all discovery motions filed sufficiently in

Summary: Judge Lin's discovery cut-off requires all discovery, motions, and productions completed by that date.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion

Summary: Proposed orders are not required for substantive motions but are required for administrative motions, ex parte applications, discovery disputes, and factual findings.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order

Proposed orders should be sent in Microsoft Word compatible format to rflpo@cand.uscourts.gov.

Summary: Proposed orders must be sent in Microsoft Word compatible format to specified email address.

Judge Rita F. Lin

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Civil cases

They must include trial briefs not to exceed 10 pages each, a joint pretrial conference statement, fewer motions in limine for bench trials.

Machine summary

Bench-trial pretrial filings must include trial briefs and a joint pretrial conference statement, and bench trials involve fewer motions in limine.

Judge Rita F. Lin Official source

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed supplemental juror questionnaire
Must include: caption, judge name, case number ?

File proposed supplemental juror questionnaire and proposed jury instructions 21 Days Before Pretrial Conference

Summary: Proposed supplemental juror questionnaire and jury instructions due 21 days before pretrial conference

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Arrangement for transcript ?
Must include: arrangement confirmed ?

Arrange for daily transcript or real-time reporting 14 Days Before Trial

Summary: Daily transcript or real-time reporting must be arranged 14 days before trial

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order for exhibit equipment ?
Must include: proposed order

File proposed order for bringing exhibit presentation equipment and technology into the building 14 Days Before Trial

Summary: Proposed order for exhibit equipment/technology must be filed 14 days before trial

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint list of terms
Must include: joint submission ?

Provide court reporter with joint list of terms 5 Days Before Trial

Summary: Joint list of terms must be provided to court reporter 5 days before trial

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Jury computer preparation ?
Must include: exhibit list, admitted exhibits ?

Prepare jury computer with admitted exhibits and exhibit list Morning of Closing Argument

Summary: Jury computer with admitted exhibits must be prepared morning of closing argument

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Supplemental juror questionnaire ?
Must include: judge name, case number ?

The parties shall file these questions on the docket and submit a Microsoft Word compatible version to rflpo@cand.uscourts.gov. However, no argument may be included in this submission.

Summary: Proposed supplemental juror questionnaire questions must be filed on docket and emailed to rflpo@cand.uscourts.gov without argument.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Jury instructions
Must include: judge name, case number ?

The parties shall file a joint set of proposed jury instructions, arranged in the order the parties propose the Court give the instructions.

Summary: Parties must file joint proposed jury instructions in proposed order.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Jury instructions ?
Must include: judge name, case number ?

Instructions upon which the parties agree shall be identified as "Stipulated Instruction No. ____ Re ___________," with the blanks filled in as appropriate.

Summary: Agreed instructions must be labeled "Stipulated Instruction No. ____ Re ___________".

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Jury instructions ?
Must include: judge name, case number ?

Summary: Disputed instructions must be labeled "Disputed Instruction No. ____ Re ____________ Offered by _________________".

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Jury instructions ?
Must include: judge name, case number ?

Summary: Disputed instruction language must be labeled "Disputed Instruction No. ____ Re ____________ Offered by _________________".

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Jury instructions
Must include: judge name, case number ?

Summary: Disputes requiring resolution before opening statements must be raised when filing jury instructions and at pretrial conference.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial conference statement
Must include: judge name, case number, certificate of service ?

The parties shall file a Joint Pretrial Conference Statement that contains the following:

Summary: Joint Pretrial Conference Statement due 14 days before PTC with specific content requirements

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion in limine

Each motion should be clearly identified as “___________'s Motion in Limine No. __ Re: ____________.”

Summary: Motions in limine must follow specific identification format

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Involved individuals list ?
Must include: judge name, case number ?

The parties shall jointly file, and send in Word format to rflpo@cand.uscourts.gov, a list of people involved in the case.

Summary: Involved individuals list must be sent to rflpo@cand.uscourts.gov in Word format.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed verdict form
Must include: caption, judge name, case number ?

The parties shall file either a joint proposed verdict form, or, if they disagree, separate proposed verdict forms.

Summary: Joint or separate proposed verdict forms required.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit list
Must include: caption, judge name, case number ?

The parties shall file a joint exhibit list in tabular form with the following columns: (1) exhibit number; (2) name or brief description of the exhibit; (3) the exhibit’s purpose and sponsoring witness; (4) a brief description of any objections to the admissibility of the exhibit or, alternatively, a statement that the parties have stipulated to the exhibit’s admissibility; (5) a brief response to any objections; and (6) a blank column for the Court’s use.

Summary: Joint exhibit list must include 6 specific columns in tabular format.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibits
Must include: notice of electronic filing ?

No later than 5 days before trial, the parties shall send exhibits to Judge Lin’s chambers’ Box.com storage. Each exhibit should be uploaded as a separate file, with each file named so that the exhibits appear sequentially when sorted by file name.

Summary: Exhibits must be uploaded to Box.com 5 days before trial, each as separate sequentially-named file.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibits
Must include: caption ?

The parties must clearly announce the number of any exhibit used during the proceedings, even if it has already been admitted.

Summary: Parties must announce exhibit numbers when used, even if already admitted.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Audio video exhibits ?
Must include: transcript

Summary: Agreed-upon transcripts required for audio/video exhibits; failure precludes admission.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit notebooks
Must include: permission

Exhibit notebooks for the jury will not be permitted without prior permission from the Court.

Summary: Exhibit notebooks for jury require prior court permission.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibits
Must include: filing deadline ?

Upon the conclusion of the trial, and unless otherwise ordered by the Court, exhibits offered during trial shall be filed on the docket within ten days of a trial verdict pursuant to Civil L.R. 5-1(g). Each party shall retain a full set of exhibits through the appellate process.

Summary: Exhibits must be filed on docket within 10 days of verdict; parties retain copies through appeal.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition designations ?
Must include: certificate of service ?

Unless otherwise ordered, no later than 7 days before trial begins, the parties shall jointly file all designations of deposition testimony or other discovery it wishes to offer, as well as any counter-designations or objections to the deposition testimony or discovery offered by any other party. In the same filing, the parties shall attach all excerpts of deposition testimony referenced in their designations and/or counter-designations, including the portions to which there are no objections. In addition to being filed, the designations chart must be emailed to the Court (rflpo@cand.uscourts.gov) in Word format, with a blank column in the table added for the Court's ruling.

Summary: Parties must jointly file deposition designations 7 days before trial and email chart to court.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Pronunciation guide ?
Must include: certificate of service ?

No later than five days before the start of trial, the parties must provide the Court Reporter a jointly-created list of names and places as well as any uncommon terms or acronyms that are likely to come up during the trial.

Summary: Provide court reporter with name/term list 5 days before trial.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Batson objection ?

Any objection to another party’s use of a peremptory challenge under Batson v. Kentucky, 476 U.S. 79 (1986), or its progeny, should be made by asking to retain the juror and then asking to approach, without mentioning the reason for the request.

Summary: Batson objections must be made by asking to retain juror and approach without stating reason.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Objection

Speaking objections are strictly forbidden. In making objections, the parties should state only the legal grounds for the objection and should withhold all further comment or argument unless elaboration is requested by the Court.

Summary: Speaking objections are forbidden; only state legal grounds unless Court requests elaboration.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Prior statement
Must include: hard copies

If you wish to question a witness about a prior inconsistent or consistent statement, you must have hard copies of the prior statement for the Court and the opposing party to review at sidebar. If you plan to play an audio or video recording, you must have hard copies of the transcript, if one exists. If you do not, the Court cannot determine whether the statement is inconsistent or consistent, and you will not be allowed to read or play the statement.

Summary: Hard copies of prior statements/transcripts required for Court and opposing party at sidebar.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Witness exhibit list ?
Must include: exhibit list, witness list ?

At the close of each trial day, the parties shall exchange a list of witnesses for the next two full court days and the exhibits that will be used during direct examination (other than

Summary: Parties must exchange witness and exhibit lists for next two court days at end of each trial day.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed findings conclusions ?
Must include: written in plain english, free of pejorative language, factual findings with citations ?

The parties will be required to submit revised proposed findings of fact and conclusions of law 7 days after the trial. All factual findings must be supported by citations to all pertinent portions of the record; therefore, arranging for daily transcripts is strongly recommended. If the citation is to witness testimony and a rough or final transcript is not yet available, the citation can simply be to the date of the testimony. Proposed findings shall be brief, written in plain English, and free of pejorative language. In addition to being filed, the proposed findings must be emailed to the Court (rflpo@cand.uscourts.gov) in Word format.

Summary: Revised proposed findings due 7 days after trial, emailed to court in Word format with record citations.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Guilty plea application ?
Must include: caption, judge name, case number ?

If the defendant is entering an open plea, the defendant and defense counsel shall complete the Application to Enter Guilty Plea & Order form on the Criminal Forms portion of the Court’s website, and present the government with a copy of the completed application for review prior to providing the application to the Court at or before the change of plea hearing.

Summary: Open plea requires completing Application to Enter Guilty Plea & Order form and providing to government for review before court submission.

Judge Rita F. Lin

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: General
Must include: local rule certificate ?

1. Parties and counsel shall follow the Federal Rules of Civil Procedure, Civil Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court’s standing orders. Any failure to comply with any of the rules and orders may be deemed sufficient grounds for monetary sanctions, dismissal, entry of default judgment, or other appropriate sanctions.

Summary: Parties must follow FRCP, Local Rules, and General Orders, with non-compliance subject to sanctions.

Judge Trina L. Thompson

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Standing order service ?
Must include: certificate of service

2. Plaintiff (or in the case of removed cases, any removing defendant) shall promptly serve copies of this standing order and the Standing Order for All Judges of the Northern District of California upon all parties to the action, and upon those subsequently joined, in accordance with the provisions of Federal Rules of Civil Procedure 4 and 5. Following service, the responsible party shall file a certificate of service with the Clerk of this Court.

Summary: Plaintiff/removing defendant must serve standing orders and file certificate of service.

Judge Trina L. Thompson

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Case management statement
Must include: joint filing, no incorporation by reference ?

12. Unless otherwise ordered, the parties must file a joint case management statement addressing those items required by the Standing Order for all Judges of the Northern District of California. Parties must not incorporate prior case management statements by reference.

Summary: Joint case management statement required; no incorporation by reference.

Judge Trina L. Thompson

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Adr stipulation ?
Must include: adr deadline proposed, adr process identified ?

Consistent with Civil Local Rule 16-8(c) and Alternative Dispute Resolution (“ADR”) Local Rule 3-5(b), at least seven calendar days prior to the case management conference, the parties shall also file the Stipulation and Proposed Order form, which identifies the ADR process that the parties have selected and a proposed deadline by which the parties will conduct the ADR session. The court form is available at: https://www.cand.uscourts.gov/filelibrary/3389/ADR_Stip_fillable.pdf.

Summary: Parties must file ADR Stipulation and Proposed Order form at least 7 days before case management conference.

Judge Trina L. Thompson

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial statement
Must include: due 4 weeks before pretrial conference ?

Joint Pretrial Statements (including objections, motions in limine, and jury instructions) are due four weeks before Pretrial Conference.

Summary: Joint Pretrial Statements are due 4 weeks before Pretrial Conference.

Judge Trina L. Thompson

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Case schedule ?
Must include: last day dispositive motions 8 weeks before pretrial ?

Last Day to Hear Dispositive Motions is at least eight weeks before pretrial conference.

Summary: Last day to hear dispositive motions is at least 8 weeks before pretrial conference.

Judge Trina L. Thompson

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Daubert motion
Must include: filed and heard by dispositive motion deadline ?

Daubert motions must be filed and heard by the dispositive motion hearing deadline.

Summary: Daubert motions must be filed and heard by dispositive motion deadline.

Judge Trina L. Thompson

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Case schedule ?
Must include: 8 weeks between motions and pretrial ?

The parties must allow at least eight weeks between the proposed dispositive and Daubert motions’ hearing deadline and the proposed final pretrial conference.

Summary: At least 8 weeks must separate dispositive/Daubert motions deadline from final pretrial conference.

Judge Trina L. Thompson

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion to modify schedule ?
Must include: joint statement max 3 pages, particularized good cause required ?

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.

Summary: Parties must file joint 3-page statement with particularized good cause to move scheduled dates.

Judge Trina L. Thompson

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Case management conference
Must include: attorney full authority required ?

The attorney appearing at a case management conference must have full authority to make decisions about any issue that may come up during the conference.

Summary: Attorney at case management conference must have full authority to make decisions.

Judge Trina L. Thompson

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Amended complaint
Must include: exhibit list ?

All amended complaints shall attach as an exhibit a red-line document showing the changes made to the previously filed complaint.

Summary: Amended complaints must include red-line document showing changes.

Judge Trina L. Thompson

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion

Motions for summary judgment must comply with Civil Local Rule 7 in all respects.

Summary: Motions for summary judgment must comply with Civil Local Rule 7.

Judge Trina L. Thompson

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order
Must include: proposed order

Proposed orders shall be submitted in Word format by email to the Courtroom Deputy at TLTPO@cand.courts.gov on the same day the proposed order is e-filed.

Summary: Proposed orders must be submitted in Word format by email to TLTPO@cand.courts.gov on the same day as e-filing.

Judge Trina L. Thompson

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: General
Must include: local rule certificate ?

Summary: Parties must follow FRCP, Patent Local Rules, and General Orders except where superseded by this standing order.

Judge Trina L. Thompson

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint claim construction statement

The initial joint claim construction statement required by Patent Local Rule 4-3 must be truly joint. Disputed terms, phrases, and clauses must be designated as disputed. All other terms will be presumed to be undisputed. For any term in dispute, the parties must agree on the identity of the term. With regards to disputed terms, phrases, or clauses, the joint statement will list each disputed term, phrase, or clause (listed by claim); each party’s proposed construction; and support for each party’s proposed construction side by side. A model claim construction statement is attached to this Order.

Summary: Joint claim construction statement must be truly joint with disputed terms designated and side-by-side constructions.

Judge Trina L. Thompson

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint claim construction statement
Must include: case number ?

In the joint claim construction statement, parties must either cite to the docket where copies of all patents in dispute can be found or attach copies of all patents in dispute. Parties must also make a complete prosecution history for each patent available to the Court upon request.

Summary: Patents in dispute must be cited or attached; prosecution history must be available upon request.

Judge Trina L. Thompson

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint claim construction statement

Summary: Court will construe no more than 10 terms; parties must meet and confer to narrow terms if more than 10 are at issue.

Judge Trina L. Thompson

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Pre-recorded tutorial
Must include: word count ?

Summary: Pre-recorded tutorial (max 45 min per side) must be submitted 30 days before hearing via portable media; nonargumentative.

Judge Trina L. Thompson

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Demonstrative exhibit
Must include: notice of electronic filing ?

All demonstrative exhibits, PowerPoints, and visual aids must be provided to the Court at least 2 days before the hearing.

Summary: Demonstrative exhibits must be provided 2 days before claim construction hearing.

Judge Trina L. Thompson

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management status report
Must include: joint filing ?

Upon issuance of the claim construction ruling, the Court will also set a date for the filing of a further joint case management status report.

Summary: Joint case management status report required after claim construction ruling.

Judge Trina L. Thompson

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management status report ?

In that report, the parties must address the following topics: a. whether either party wishes the Court to certify the claim construction ruling for immediate appeal to the Federal Circuit; b. the filing of dispositive motions, and the timing of those motions; c. if willful infringement has been asserted, whether the allegedly-infringing party wishes to rely on the advice of counsel defense—if so, the parties should be prepared to address proposals for resolving any attorney-client privilege issues that arise, and whether the parties believe bifurcation of the trial into liability and damages phases would be appropriate; d. anticipated post-claim construction discovery; e. proposed deadlines and court dates for the remainder of the case schedule; f. any other pretrial matters; and g. the progress of settlement discussions, if any.

Summary: Joint status report must address 7 specific topics after claim construction.

Judge Trina L. Thompson

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion brief

To assist the Court in preparing for oral arguments on a motion to dismiss or motion for judgement on the pleadings in a patent case in which a party seeks a ruling that one or more claims of the patent(s)-in-suit is ineligible due to subject matter, each party should include the following in its motion brief:

Summary: Parties must include specific content in motion briefs for patent Section 101 hearings.

Judge Trina L. Thompson

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to: Proposed pretrial order ?

The parties shall file a joint proposed final pretrial order, which must contain the following information:

Summary: The parties must file a joint proposed final pretrial order containing the information specified in paragraphs 5(a)–(h).

Judge Trina L. Thompson

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Civil cases

The joint pretrial proposed order shall include the following language directly above the signature lines: The foregoing admissions having been made by the parties, and the parties having specific the foregoing issues of fact and law remaining to be litigated, this order shall supplement the pleadings and govern the course of trial of this case, unless modified by the Court to prevent manifest injustice.

Machine summary

The joint pretrial proposed order must contain the specified language directly above the signature lines.

Judge Trina L. Thompson Official source

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Civil cases

The parties must meet and confer as reasonable. Counsel for the proffering party must then assemble a final packet, including objections and responses to objections, and provide it to the Court at least two calendar days before the proffer will be used. Ordinarily, argument is unnecessary.

Machine summary

The parties must meet and confer as reasonable, and the proffering party must provide the Court a final packet with objections and responses at least two calendar days before use; argument is ordinarily unnecessary.

Judge Trina L. Thompson Official source

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Civil cases

Claim Language (Disputed Terms in Bold) Plaintiff's Proposed Construction and Evidence in Support Defendant's Proposed Construction and Evidence in Support ... INTRINSIC EVIDENCE: ... DICTIONARY/TREATISE DEFINITIONS: ... EXTRINSIC EVIDENCE: ...

Machine summary

The claim construction chart must include the claim language plus each party's proposed construction with supporting evidence, organized by intrinsic evidence, dictionary/treatise definitions, and extrinsic evidence.

Judge Trina L. Thompson Official source

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Stipulation
Must include: stipulation

Sentencing, change of plea, and any evidentiary hearings shall be in person. Zoom appearances will only be permitted for good cause on a case-by-case bases. If a Zoom appearance is requested, the lawyers and defendant must file a stipulation two days before the scheduled hearing.

Summary: In-person required for sentencing, change of plea, and evidentiary hearings; Zoom only with good cause and stipulation filed 2 days prior.

Judge Trina L. Thompson

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Plea agreement
Must include: judge name, case number ?

If a plea is being entered pursuant to a plea agreement, counsel for the government shall deliver a copy of the plea agreement to the Clerk’s Office in San Francisco by 2:00 p.m. the Friday before the plea is to be entered and email a courtesy copy to TLTCRD@cand.uscourts.gov. If there is to be an open plea, counsel for the defendant shall notify the Court by 2:00 p.m. the Friday before the open plea is to be entered.

Summary: Plea agreement must be delivered to Clerk's Office by 2:00 p.m. Friday before plea; open plea requires defendant counsel notification by same deadline.

Judge Trina L. Thompson

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Civil cases

If, after meeting and conferring in good faith, the parties cannot agree on a proposed jury instruction, each party’s proposed version shall be provided and identified as “Disputed Instruction No. __ Re _______, Offered by ________,” with blanks filled in as appropriate. All proposed versions of the same instruction shall bear the same number. Following each set of proposed versions of a disputed instruction, each party shall explain, in no more than one page, why the Court should give that party’s proposed instruction, including supporting case citations.

Machine summary

After a good-faith conference fails to resolve a proposed jury instruction, each party must submit and label its version, use the same number for versions of the same instruction, and provide a supporting explanation of no more than one page with case citations.

Judge Trina L. Thompson Official source

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to: Reply brief

the moving party shall not file a reply brief.

Summary: The moving party may not file a reply brief in response to an opposition to a motion in limine.

Judge Trina L. Thompson

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to: Pretrial conference
Must include: certificate of conference ?

At least 30 days before the final Pretrial Conference, lead counsel who will try the case shall meet and confer with respect to the following subjects: (1) settlement of the case; (2) preparation of the joint pretrial filings to be served and lodged pursuant to Federal Rule of Civil Procedure 26(a)(3); and (3) clarifying and narrowing the contested issues for trial in order to achieve a just, speedy, and efficient resolution of the case. Counsel in close geographical proximity are encouraged to meet in person.

Summary: Trial counsel must meet and confer at least 30 days before the final Pretrial Conference on settlement, joint pretrial filings, and narrowing trial issues; nearby counsel are encouraged to meet in person.

Judge Trina L. Thompson

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to: Joint pretrial statement ?

Counsel shall state any objections to the use of these materials, the grounds for the objections, the position of the offering party, and shall certify that the parties have conferred regarding such objections.

Summary: Counsel must state objections to proposed use of discovery materials, their grounds, the offering party’s position, and certify that the parties conferred about the objections.

Judge Trina L. Thompson

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to: Jury instructions ?

All proposed versions of the same instruction shall bear the same number.

Summary: All proposed versions of a disputed jury instruction must use the same instruction number.

Judge Trina L. Thompson

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to: Voir dire question ?

The proponent of each disputed question shall provide proposed language, identified as “Disputed Question No. __, Offered by ________,” with blanks filled in as appropriate.

Summary: The proponent of each disputed voir dire question must provide proposed language with the specified label.

Judge Trina L. Thompson

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to: Evidentiary dispute statement ?

If deposition designations are the subject of any unresolved disputes, the relevant deposition excerpts must be attached to the parties’ statements.

Summary: Statements addressing unresolved disputes over deposition designations must include the relevant deposition excerpts as attachments.

Judge Trina L. Thompson

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Certificate of service
Must include: certificate of service

Following service, the responsible party shall file a certificate of service with the Clerk of this Court.

Summary: Responsible party must file a certificate of service after serving the standing order.

Judge Trina L. Thompson

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Stipulation and proposed order

Summary: Stipulation and Proposed Order form must identify selected ADR process and proposed ADR deadline.

Judge Trina L. Thompson

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Letter

If the parties cannot resolve their discovery dispute after a good faith effort, they shall prepare and file a joint letter of no longer than five pages stating the nature and status of their dispute.

Summary: Discovery dispute letters must be joint, state dispute nature/status, and be filed after good faith resolution efforts.

Judge Trina L. Thompson

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Case management statement

In their case management statement for the initial case management conference, the parties must propose a full litigation schedule, including a proposed last day to amend pleadings, regardless of whether they have received a ruling on any motion to dismiss. The only exception is proposed class actions, in which case the parties can propose a schedule through the first phase of the case, as discussed in the class action section of this standing order.

Summary: Initial case management statements must include a full litigation schedule with last day to amend pleadings, except class actions may propose a schedule through the first phase.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint discovery letter ?
Must include: proposed order

Both sides must submit proposed orders as well.

Summary: Both parties must submit proposed orders with their joint discovery dispute letter.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint discovery letter ?

No exhibits may be submitted with the letter other than any discovery request or response that is the subject of the letter.

Summary: Only the discovery request or response that is the subject of the dispute may be submitted as an exhibit with a joint discovery dispute letter.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Stipulation or motion

When filing a proposed order, at the very beginning of their stipulation or motion, parties must indicate whether they have based their proposed order on one of the Northern District’s model orders.

Summary: Parties must indicate at the beginning of a stipulation or motion for a protective order or ESI order whether the proposed order is based on a Northern District model order.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order

If they have, they must identify any deviations from the model order by submitting as an exhibit a redline comparison of their proposed order and the model order.

Summary: Parties must submit a redline comparison of their proposed order and the model order as an exhibit if the proposed order is based on a Northern District model order.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Class certification brief ?

Summary: Class certification motion briefs must include a section titled “Manageability of the Class Action Trial” discussing individualized issues and jury instructions to address manageability concerns.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Preliminary settlement approval motion ?

The Court’s scrutiny of the proposed settlement will be as rigorous at the preliminary approval stage as at the final approval stage. Any motion for preliminary approval should explain why the settlement survives this level of scrutiny, and any proposed order should recite this standard.

Summary: Motions for preliminary approval of class settlements must explain why the settlement survives rigorous scrutiny equivalent to final approval, and the proposed order must recite this standard.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Settlement administrator declaration ?

Summary: Settlement administrators must submit a declaration with the preliminary approval motion detailing any compensation beyond the fee stated in the preliminary approval papers.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Declaration

Proposed class counsel’s declaration shall describe what due diligence counsel performed regarding the proposed administrator’s approach to each of the above issues, any potential conflict of interest or potential appearance of conflict of interest for counsel in the selection of the administrator (including any financial relationship), and the basis for counsel’s conclusion that the proposed administration arrangements serve the best interests of the settlement class.

Summary: Proposed class counsel's declaration must describe due diligence on the proposed administrator, conflict of interest disclosures, and the basis for concluding the administration arrangements serve the settlement class's best interests.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed notice

Summary: Proposed notices requiring written objection as a prerequisite to court appearance must state that good cause can excuse this requirement.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order

Summary: Proposed orders granting final approval of class settlements must list all settlement administration dates, including check mailing dates.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order

The proposed order granting final approval should specify what percentage class counsel believes it is appropriate to withhold.

Summary: Proposed orders granting final approval of class settlements must specify the percentage of attorneys' fees to be withheld pending Post-Distribution Accounting.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order

The proposed order granting final approval should also include language describing the Post-Distribution Accounting that class counsel will file, including, as relevant, when payments were made to class members, the number of members who were sent payments, the total amount of money paid out to members, the average and median recovery per class member, the largest and smallest amount paid to class members, the number and value of cashed and uncashed checks, the number of members who could not be contacted, the number of objections and opt-outs, the amount to be distributed to each cy pres recipient, any significant or recurring concerns communicated by members to the settlement administrator and counsel since final approval, any other issues in settlement administration since final approval, and how any concerns or issues were resolved.

Summary: Proposed orders granting final approval of class settlements must include language describing the required content of the Post-Distribution Accounting.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Settlement agreement ?

In a proposed settlement involving the distribution of money to a class, the parties should consider whether unclaimed funds should be redistributed to class members who claimed their share. If a provision of this type is absent, the parties should be prepared to explain why.

Summary: Proposed class action settlements involving monetary distribution should include a provision for redistributing unclaimed funds to class members who claimed their share, or include an explanation for the absence of such provision.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion

The parties should consider whether theirs is the type of settlement that requires class members to file claims, as opposed to simply receiving funds. The motion for preliminary approval should address this issue.

Summary: Motions for preliminary approval of class settlements must address whether the settlement requires class members to file claims or simply receive funds.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Post distribution accounting

Post-Distribution Accounting should also describe the number of class members availing themselves of such relief and the aggregate value redeemed by the class members and/or by an assignees or transferees of the class members’ interests. Where class members are entitled to injunctive and/or other non-monetary relief, the Post-Distribution Accounting should discuss the progress made on fulfilling the terms of that relief.

Summary: Post-Distribution Accounting must describe class member redemption details and progress on non-monetary relief.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Post distribution accounting
Must include: proposed order

With the Post-Distribution Accounting, class counsel should submit a proposed order releasing the remainder of the fees.

Summary: Class counsel must submit a proposed order releasing remaining fees with Post-Distribution Accounting.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion for settlement approval

not simply file a notice of voluntary dismissal. The parties must file a motion for settlement approval explaining why the proposed settlement is a fair and reasonable resolution of a bona fide dispute. See Alder v. County of Yolo, No. 16-1682-VC, Dkt. No. 25 (E.D. Cal. Nov. 20, 2017).

Summary: In wage and hour cases, parties must file a motion for settlement approval with an explanation of the settlement's fairness, reasonableness, and bona fide dispute resolution instead of a notice of voluntary dismissal.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion to dismiss

If a defendant chooses instead to file a motion to dismiss a Monell claim, the defendant should be prepared to explain why the claim should not be stayed instead.

Summary: Defendants filing a motion to dismiss a Monell claim must be prepared to explain why the claim should not be stayed.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: General
Must include: local rule certificate ?

The parties shall follow the Federal Rules of Civil Procedure, the Civil Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court's standing orders.

Summary: Parties must follow FRCP, Civil Local Rules, and General Orders except where superseded by this standing order.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Extension request ?
Must include: proposed order

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.

Summary: Extension requests must include proposed order and chart of current/proposed deadlines.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order
Must include: proposed order

Summary: Proposed orders not needed for most substantive motions; required for administrative motions, ex parte applications, discovery disputes, and factual findings.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Brief

The final brief for any motion should be filed at least 14 days prior to the hearing on the motion.

Summary: Final briefs must be filed at least 14 days before the hearing.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion

Summary: Class certification motions must include “Manageability of the Class Action Trial” section.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion
Must include: proposed order ?

In cases that involve individualized issues, plaintiffs’ counsel must file a proposed verdict form in connection with the motion for class certification.

Summary: Proposed verdict form required for class certification motions with individualized issues.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed supplemental juror questionnaire ?

However, no argument may be included in this submission.

Summary: No argument may be included in the proposed supplemental juror questionnaire submission.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed jury instructions

The parties shall file a joint set of proposed jury instructions, arranged in the order the parties propose the Court give the instructions.

Summary: Parties must file a joint set of proposed jury instructions arranged in the order they propose the court to give them.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed jury instructions ?

Any modifications to a form instruction must be plainly identified.

Summary: Modifications to Ninth Circuit Model Jury Instructions must be plainly identified.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed jury instructions ?

Summary: Disputed jury instructions must be identified with the specified format, and all versions of the same instruction must bear the same number.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed jury instructions ?

The parties do not need to submit instructions from Chapters 1-3 of the Ninth Circuit Manual, but they must indicate which of these instructions should be included.

Summary: Parties need not submit jury instructions from Ninth Circuit Manual Chapters 1-3 but must indicate which of those instructions should be included.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed jury instructions

Summary: Parties must raise jury instruction disputes to be resolved before opening statements when filing proposed instructions and at the pretrial conference.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial conference statement

Summary: Joint pretrial conference statement must contain a description of remaining claims and defenses, and a statement of all relief sought.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion in limine reply ?

The moving party shall not file a reply brief.

Summary: Reply briefs are not permitted for motions in limine.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion in limine

Each motion should be clearly identified as “___________\u2019s Motion in Limine No. __ Re: ____________.”

Summary: Motions in limine must be titled with the format “___________\u2019s Motion in Limine No. __ Re: ____________.”

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Request for relief motion in limine limit ?

That request for relief must list the topics of each motion in limine each side wishes to file.

Summary: Requests for relief from the five-motion limit must list the topics of each motion in limine each side intends to file.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Involved individuals list ?

The parties shall jointly file, and send in Word format to vcpo@cand.uscourts.gov, a list of people involved in the case.

Summary: The Involved Individuals List must be jointly filed by the parties.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed verdict form

The parties shall file either a joint proposed verdict form, or, if they disagree, separate proposed verdict forms.

Summary: Parties must file either a joint proposed verdict form or separate ones if they disagree.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Statement of the case

The parties shall jointly file a proposed simplified Statement of the Case to be read to the jury during voir dire.

Summary: The proposed Statement of the Case must be jointly filed by the parties.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint exhibit list

Summary: Joint exhibit lists must be in tabular form with six specified columns.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Trial exhibit

The parties must jointly prepare a single set of all trial exhibits that will be the official record and, if applicable, used on appeal.

Summary: Parties must jointly prepare a single set of all trial exhibits for the official record and appeal.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit

Counsel must clearly announce the number of any exhibit used during the proceedings, even if it has already been admitted.

Summary: Counsel must announce exhibit numbers when used during proceedings, even if already admitted.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Audio video exhibit ?

Summary: Parties must provide agreed-upon written transcripts for audio/video exhibits or risk exclusion.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Applies to: General
Must include: local rule certificate ?

Summary: Parties must follow FRCP, Local Rules, and General Orders except where superseded by this standing order.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Applies to: Extension request ?
Must include: proposed order

Summary: Extension requests must include a proposed order and chart of current/proposed deadlines.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Applies to: Case management statement

Summary: CMC statements must include full litigation schedule with proposed amendment deadline.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Applies to: Discovery dispute letter ?
Must include: joint letter, proposed order ?

Discovery disputes should be brought to the Court's attention as early as possible. If the parties cannot resolve their discovery dispute after a good faith effort, they shall prepare and file a joint letter of no longer than 5 pages stating the nature and status of their dispute. Both sides must submit proposed orders as well. No exhibits may be submitted with the letter other than any discovery request or response that is the subject of the dispute.

Summary: Discovery disputes require joint letter (max 5 pages) with proposed orders, no exhibits except disputed requests/responses.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Applies to: Proposed order

All proposed orders should be sent in Microsoft Word format to vcpo@cand.uscourts.gov.

Summary: Proposed orders must be in Microsoft Word format and emailed to vcpo@cand.uscourts.gov.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Applies to: Brief

The final brief for any motion should be filed at least 14 days prior to the hearing on the motion.

Summary: Final briefs must be filed at least 14 days before motion hearing.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Applies to: Evidentiary hearing
Must include: exhibit list ?

When using exhibits during evidentiary hearings, the parties must prepare and present exhibits in accordance with the Court’s Standing Order for Civil Trials.

Summary: Exhibits during evidentiary hearings must follow Court’s Standing Order for Civil Trials.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Applies to: Motion

Summary: Class certification motions must include "Manageability of the Class Action Trial" section.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Applies to: Motion
Must include: proposed order ?

In cases that involve subclasses, plaintiffs’ counsel must file a proposed verdict form in connection with the motion for class certification.

Summary: Proposed verdict form required for class certification motions with subclasses.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Applies to: Notice
Must include: plain english

If the proposed notices are not carefully written and in plain English, the Court will reject the motion for preliminary approval. Unnecessary acronyms should be avoided.

Summary: Notices must be in plain English or motion will be rejected.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Applies to: Notice

Summary: Written objection requirement must allow good cause exceptions.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Applies to: Motion for attorneys fees

In proposing a schedule for final approval of a class settlement, the parties must ensure that the motion for attorneys’ fees is filed at least 14 days before the deadline for objecting to the settlement.

Summary: Attorneys' fees motion must be filed 14 days before objection deadline.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Applies to: Proposed order
Must include: dates relating to settlement administration ?

Summary: Final approval order must list all settlement administration dates.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Applies to: Motion for preliminary approval

The parties should consider whether theirs is the type of settlement that requires class members to file claims, as opposed to simply receiving checks. The motion for preliminary approval should address this issue.

Summary: Motion must address whether claims filing is required vs automatic checks.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Applies to: Discovery ?
Must include: contact information

Absent extraordinary circumstances, the contact information for potential collective members in FLSA cases must be produced by the defendant at the Rule 26(f) conference. 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: FLSA defendants must produce contact info at Rule 26(f) conference; continuances rarely granted.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Applies to: Discovery ?
Must include: contact information

Likewise, in a Rule 23 wage and hour class action brought under California law, absent extraordinary circumstances, the contact information for potential class members must be produced early in the case. At the initial case management conference, the parties should expect to set an early deadline for the production of this information. Typically, the only circumstance in which this production may be delayed is when the schedule calls for cross-motions for summary judgment regarding liability as to the named plaintiffs to be adjudicated prior to class certification, as discussed in the “Class Actions” section of this standing order.

Summary: Rule 23 wage and hour class actions require early production of class member contact info.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Jury instructions ?

Any modifications to a form instruction must be plainly identified.

Summary: Modifications to form jury instructions must be plainly identified.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Exhibits

When using exhibits during evidentiary hearings, the parties must abide by the Court's instructions regarding preparation of exhibits for trial.

Summary: Parties must follow the Court's instructions for exhibit preparation during evidentiary hearings.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Proposed jury questions ?

However, no argument may be included in this submission.

Summary: No argument may be included in the jury questionnaire question submission.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Jury instructions ?

The parties should always indicate the relevant authority for a proposed instruction.

Summary: Proposed jury instructions must include relevant authority citation.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Jury instructions

Instructions on which the parties agree must be identified as "Stipulated Jury Instruction No. Re ," with the blanks filled in as appropriate.

Summary: Stipulated jury instructions must use specific numbering format.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Jury instructions ?

If the parties disagree on an instruction, each party's proposed version of the disputed instruction shall be provided and identified as "Disputed Instruction No. Re Offered by ," with the blanks filled in as appropriate.

Summary: Disputed jury instructions must use specific numbering format identifying offering party.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Jury instructions ?

Following each set of why the Court should give that party's proposed instruction.

Summary: Parties must explain why court should give their proposed disputed instruction.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Jury instructions ?

The parties do not need to submit instructions from Chapters 1-3 of the Ninth Circuit Manual, but they must indicate which of these instructions should be included and which should be omitted.

Summary: Parties must indicate which Chapters 1-3 Ninth Circuit instructions to include or omit.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Witness list ?

No later than 7 days before the pretrial conference, the parties must file, and send in Word format to vcpo@cand.uscourts.gov, lists of potential witnesses to be called at trial, other than solely for impeachment or rebuttal.

Summary: Witness lists must include potential trial witnesses, excluding those solely for impeachment or rebuttal.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Trial exhibit

Each side must prepare a set of its own trial exhibits to be used with the witnesses at trial and, if applicable, on appeal.

Summary: Each side must prepare a set of trial exhibits for witness use at trial and appeal.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Transcript arrangement ?
Must include: arrangement confirmed ?

Arrangement of daily transcript or real-time reporting

Summary: Daily transcript or real-time reporting must be arranged

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit equipment order ?
Must include: proposed order

Filing of proposed order for bringing exhibit presentation equipment and technology into the building

Summary: Proposed order required for exhibit presentation equipment

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition designations ?
Must include: joint filing

Joint filing of all designations of deposition testimony

Summary: Joint filing required for deposition testimony designations

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Trial exhibits
Must include: thumb drive, original set ?

Deliver original trial exhibit set and thumb drive of exhibits

Summary: Original trial exhibits and thumb drive must be delivered

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Supplemental juror questionnaire ?
Must include: notice of electronic filing ?

The parties shall file these questions on the docket and submit a Word version to vcpo@cand.uscourts.gov.

Summary: Supplemental juror questionnaire questions must be filed on docket and emailed as Word doc

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed jury instructions
Must include: joint filing ?

The parties shall file a joint set of proposed jury instructions, arranged in the order the parties propose the Court give the instructions.

Summary: Joint proposed jury instructions must be filed in proposed order

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed jury instructions ?

Any modifications to a form instruction must be plainly identified.

Summary: Modifications to form instructions must be plainly identified

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed jury instructions ?

If the parties disagree on an instruction, each party's proposed version of the disputed instruction shall be provided and identified as 'Disputed Instruction No. ____ Re ____________ Offered by _________________,' with the blanks filled in as appropriate.

Summary: Disputed instructions must be identified with specific format

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed jury instructions ?

Following each set of proposed versions of a disputed instruction, each party shall explain, in no more than one page, why the Court should give that party's proposed instruction.

Summary: One-page explanation required for each disputed instruction

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed jury instructions ?

If the parties dispute whether a particular instruction should be given at all, the proponent of the instruction shall provide proposed language, identified as 'Disputed Instruction No. ____ Re ____________ Offered by _________________,' with the blanks filled in as appropriate.

Summary: Disputed instruction language must be provided with specific format

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed jury instructions ?

Following the disputed instruction, each party shall explain, in no more than one page, why the instruction should or should not be given.

Summary: One-page explanation required for disputed instruction inclusion

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed jury instructions

Summary: Disputes requiring resolution before opening must be raised when filing instructions and at pretrial conference

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial conference statement

Summary: Joint Pretrial Conference Statement must include claims/defenses and relief sought

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Pretrial filing ?

In addition, the proposed supplemental jury questions, Joint Pretrial Conference Statement, jury instructions, involved individuals list, and verdict form(s) shall be submitted in Word format via e-mail to vcpo@cand.uscourts.gov when they are filed.

Summary: Specific pretrial documents must be emailed in Word format to vcpo@cand.uscourts.gov when filed.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Trial exhibit ?
Must include: physical copy, electronic copy ?

No later than 5 days before trial, the parties shall deposit one binder or set of binders (judge’s copy) and one thumb drive (official copy) with the Courtroom Deputy.

Summary: Trial exhibits must be deposited 5 days before trial: one binder set for judge and one thumb drive for official copy.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Audio video exhibit ?
Must include: agreed upon transcript

Summary: Audio/video exhibits require agreed-upon transcripts; failure to provide precludes admission.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition designations ?
Must include: jointly file with other parties, include counter designations and objections ?

Summary: Parties must jointly file deposition/designation designations and objections 7 days before trial unless otherwise ordered.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Court reporter list ?
Must include: jointly created, include names places terms acronyms ?

Summary: Parties must provide jointly-created list of names/places/terms to Court Reporter 5 days before trial.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Pretrial filing
Must include: proposed findings conclusions ?

In non-jury cases, all pretrial filings are due 7 days before the pretrial conference. They must include trial briefs not to exceed 10 pages each, and proposed findings of fact and conclusions of law.

Summary: Proposed findings of fact and conclusions of law required for bench trials.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed findings conclusions ?

Proposed findings shall be brief, written in plain English, and free of pejorative language.

Summary: Proposed findings must be brief, in plain English, and free of pejorative language.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed findings conclusions ?
Must include: email submission ?
Format: DOCX ?

In addition to being filed, the proposed findings must be emailed to the Court (vcpo@cand.uscourts.gov) in Word format.

Summary: Proposed findings must be emailed to vcpo@cand.uscourts.gov in Word format.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Civil cases

Deadline: 7 calendar days ?
Applies to: Exhibits
Must include: thumb drive submission ?

Within 7 days of the Court ruling on the admissibility of exhibits used at trial, the parties will be required to submit a thumb drive of all exhibits admitted into evidence to chambers, attention Bhavna Sharma, Judge Chhabria's Courtroom Deputy.

Summary: Parties must submit thumb drive of admitted exhibits to chambers within 7 days of admissibility ruling.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Plea agreement
Must include: chambers copy ?

If a plea is being entered pursuant to a plea agreement, counsel for the defendant shall email a copy of the plea agreement to Bhavna Sharma at vccrd@cand.uscourts.gov no later than noon the business day before the plea is to be entered.

Summary: Plea agreement must be emailed to Bhavna Sharma by noon the business day before plea entry.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Exhibit list ?
Format: WORD

No later than 7 days before the pretrial conference, each party must file, and send in Word format to vcpo@cand.uscourts.gov, a list of exhibits.

Summary: Each party must file exhibit list in Word format 7 days before pretrial conference.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Exhibits

When using exhibits during evidentiary hearings, the parties must abide by the Court’s instructions regarding preparation of exhibits for trial.

Summary: Parties must follow Court's instructions for trial exhibit preparation.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Jury questionnaire ?

In advance of the trial, the Jury Office will send prospective jurors an online questionnaire. The questionnaire includes standard questions that are asked in every case, as well as a maximum of ten supplemental questions specific to a given case. One of those questions will ask about scheduling conflicts, so the parties can propose as many as nine other questions. At least 21 days before the pretrial conference, the parties shall file the proposed questions on the docket and submit a Word version to vcpo@cand.uscourts.gov. The parties may agree on proposed questions or submit competing lists. However, no argument may be included in this submission. The Court will decide the final set of questions after giving the parties a chance to object.

Summary: File proposed jury questions 21 days before pretrial conference; max 9 questions plus scheduling conflict question.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Witness list ?
Format: WORD

Summary: Parties must file witness lists in Word format 7 days before pretrial conference.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Jury questionnaire objections ?

Also no later than 21 days before the pretrial conference, the parties should submit objections to any aspect of the standard questionnaire.

Summary: File objections to standard questionnaire 21 days before pretrial conference.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Pretrial statement
Must include: joint filing ?

No later than 14 days before the pretrial conference, the parties must file a joint pretrial statement that addresses the items listed in Criminal Local Rule 17.1-1(b).

Summary: Joint pretrial statement due 14 days before pretrial conference.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Jury instructions
Must include: joint filing ?

The parties should file joint proposed jury instructions, and send a copy in Word format to vcpo@cand.uscourts.gov, no later than 7 days before the pretrial conference.

Summary: Joint proposed jury instructions due 7 days before pretrial conference; send Word copy to vcpo@cand.uscourts.gov.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Case description ?
Must include: joint filing ?

No later than 7 days before the pretrial conference, the parties should jointly file, and send in Word format to vcpo@cand.uscourts.gov, a proposed description of the case.

Summary: Joint proposed case description due 7 days before pretrial conference; send Word copy to vcpo@cand.uscourts.gov.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Proposed verdict form
Must include: joint filing ?
Format: WORD

No later than 7 days before the pretrial conference, the parties must jointly file, and send in Word format to vcpo@cand.uscourts.gov, either an agreed-upon proposed verdict form or competing proposed verdict forms.

Summary: Parties must jointly file proposed verdict forms in Word format 7 days before pretrial conference.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Involved individual list ?
Must include: joint filing ?
Format: WORD

No later than 7 days before the pretrial conference, the parties must jointly file, and send in Word format to vcpo@cand.uscourts.gov, a list of people involved in the case.

Summary: Parties must jointly file involved individual list in Word format 7 days before pretrial conference.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Trial exhibits ?
Must include: judge s copy, official copy ?
Format: PDF ?

No later than 5 days before trial, each side shall deposit one binder or set of binders (judge’s copy) and one thumb drive (official copy) with the Courtroom Deputy.

Summary: Each side must deposit trial exhibits (binders and thumb drive) 5 days before trial.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Exhibit
Must include: caption ?

To avoid any party claiming "ownership" of an exhibit, all exhibits shall be marked and referred to as "Trial Exhibit No. _____," not as "Government's Exhibit" or "Defendant's Exhibit."

Summary: Exhibits must be marked as "Trial Exhibit No. _____" not as "Government's Exhibit" or "Defendant's Exhibit."

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Exhibit
Must include: caption ?

Counsel should fill in the exhibit and case numbers, but leave the other spaces ("Date Entered" and "By") blank.

Summary: Exhibit tags: fill in exhibit and case numbers, leave "Date Entered" and "By" blank.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Exhibit
Must include: caption ?

Counsel must clearly announce the number of any exhibit used during the proceedings, even if it has already been admitted.

Summary: Counsel must announce exhibit numbers when used, even if already admitted.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Exhibit
Must include: caption ?

Exhibit notebooks for the jury will not be permitted without prior permission from Judge Chhabria.

Summary: Exhibit notebooks for jury require prior permission from Judge Chhabria.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Court order
Must include: equipment order ?

The United States Marshal requires a court order to allow equipment into the courthouse. To request such an order, the parties should contact Bhavna Sharma no later than 10 days before trial.

Summary: Court order required for equipment; request from Bhavna Sharma within 10 days.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Exhibit
Must include: caption ?

Each party shall retain a full set of exhibits after trial through the appellate process. It is each party's responsibility to make arrangements with the Clerk of the Court to file the record on appeal.

Summary: Each party must retain exhibits through appeal and arrange with Clerk to file record on appeal.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Witness list ?
Must include: interpreter request ?

If any witness will require an interpreter at trial, counsel shall notify Bhavna Sharma at least 30 days before the commencement of trial.

Summary: Interpreter requests must be made to Bhavna Sharma at least 30 days before trial.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Trial exhibits ?
Must include: equipment provision ?

The parties must provide such equipment. Counsel should share equipment to the maximum extent possible.

Summary: Parties must provide their own equipment and share when possible.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Equipment setup ?
Must include: setup testing ?

For electronic equipment, the parties should arrange with Bhavna Sharma no later than 10 days before trial a date to set up and test the equipment in advance of trial and be prepared to maintain the equipment during trial.

Summary: Electronic equipment setup/testing must be arranged with Bhavna Sharma within 10 days.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Jury selection ?
Must include: excusal request timing ?

One to two days before the excusal hearing, the

Summary: Parties must submit excusal requests 1-2 days before excusal hearing.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Witness list ?
Must include: daily notification ?

Each evening, counsel must notify the other side of the witnesses who will be called the following two trial days.

Summary: Counsel must notify opposing side of witnesses for next two trial days each evening.

Judge Vince Chhabria

Machine summary. Not checked yet.CRITICAL?

Applies to: Certificate of service ?
Must include: certificate of service ?

file with the Clerk of the Court a certificate reflecting such service, in accordance with Civil Local Rule 5-5.

Summary: Parties must file a certificate of service with the Clerk after serving the Standing Order.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint statement

they must file a joint statement of at most 5 single-spaced pages (12-point font or greater) with 2.5 pages allotted per side that: (1) describes each unresolved issue; and (2) states each party’s final proposed compromise with respect to each unresolved issue.

Summary: Joint statement for discovery disputes must include all unresolved issues and each party's final proposed compromise.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order
Must include: proposed order

Summary: Proposed orders must be submitted in Word format to askpo@cand.uscourts.gov, except for Civil L.R. 7-2 motions (except injunctive relief).

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Amended pleading
Must include: redline comparison ?

If a party files an amended pleading, it must file as an attachment a redline comparing the amended pleading against the last pleading.

Summary: Amended pleadings must include a redline comparison to the previous version.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.CRITICAL?

Applies to: Motion

Proposed orders are not required for motions filed pursuant to Civil L.R. 7-2, except for motions seeking injunctive relief.

Summary: Proposed orders are not required for Civil L.R. 7-2 motions except those seeking injunctive relief.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.CRITICAL?

Applies to: Certificate of service ?
Must include: certificate of service ?

(b) to file with the Clerk of the Court a certificate reflecting such service, in accordance with Civil Local Rule 5-5.

Summary: File a certificate of service with the Clerk reflecting service of this Standing Order per Civil L.R. 5-5.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.CRITICAL?

Applies to: Amended pleading

If a party files an amended pleading, it must file as an attachment a redline comparing the amended pleading against the last pleading.

Summary: Amended pleadings must include a redline comparison against the prior pleading as an attachment.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint statement

Summary: Joint statements for unresolved discovery disputes must describe each unresolved issue and each party’s final proposed compromise.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.CRITICAL?

Applies to: Protective order

Summary: Parties must use model protective orders when practicable for necessary protective orders.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.CRITICAL?

Applies to: Proposed order

Summary: Stipulated protective order proposed orders must be accompanied by either a conformity statement or a redline with explanation of changes.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.CRITICAL?

Applies to: Privilege log ?

Claims of privilege or work product protection must be sufficiently detailed and informative to justify the privilege or protection claimed; generalized claims of privilege or work product protection are not permitted.

Summary: Privilege and work product claims must be detailed and informative, not generalized.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.CRITICAL?

Applies to: Privilege log

Privilege logs shall be promptly provided, and updated periodically, as documents are reviewed for production.

Summary: Privilege logs must be promptly provided and updated periodically as documents are reviewed for production.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint case management statement

Summary: Joint Case Management Statement must comply with Civil Local Rule 16-9 and the Northern District’s “Contents of Joint Case Management Statement” standing order.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order
Must include: proposed order

Summary: Proposed orders must be submitted in Word format to specific email, except for most motions under Civil L.R. 7-2.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Amended pleading
Must include: redline comparison ?

If a party files an amended pleading, it must file as an attachment a redline comparing the amended pleading against the last pleading.

Summary: Amended pleadings must include a redline comparison to the previous version.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Protective order
Must include: certificate of conference ?

When parties ask the Court to approve a stipulated protective order, they must file with the proposed order either (i) a statement in which they confirm that the proposed protective order doesn't differ in any respect from the model order, or (ii) a redline comparing the proposed protective order with the model order, along with an explanation of any changes.

Summary: Stipulated protective orders require confirmation of no changes or redline with explanation.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Hearing
Must include: certificate of appearance ?

Litigants and lawyers shall arrive at least ten minutes before their in-person or virtual hearing or conference to state their appearances to Judge Krishnan's Courtroom Deputy, Kim Means.

Summary: Parties must arrive 10 minutes early to state appearances to Courtroom Deputy.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion
Must include: proposed order

Summary: Proposed orders must be submitted in Microsoft Word format to askpo@cand.uscourts.gov; not required for Civil L.R. 7-2 motions except those seeking injunctive relief.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Amended pleading

If a party files an amended pleading, it must file as an attachment a redline comparing the amended pleading against the last pleading.

Summary: Amended pleadings must include a redline attachment comparing against the previous version.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.CRITICAL?

Applies to: Proposed order
Must include: proposed order

Proposed orders submitted by an e-filing party shall be submitted in Microsoft Word to askpo@cand.uscourts.gov.

Summary: Proposed orders must be submitted in Microsoft Word format to a specific email address.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Pretrial filing packet ?
Must include: proposed order ?

At least seven days prior to the date of the Final Pretrial Conference the parties shall do the following: 1. In lieu of preparing a Joint Pretrial Conference Statement, the parties shall meet and confer, and then prepare and file a jointly signed Proposed Final Pretrial Order that contains: ... 2. File a joint set of proposed instructions on substantive issues of law arranged in a logical sequence. ... 3. File trial briefs not to exceed ten (10) pages that shall address controlling issues of law and any other issues that may arise during trial. 4. File proposed verdict forms, joint or separate. 5. File and serve any objections to exhibits.

Summary: Parties must file a Proposed Final Pretrial Order, joint jury instructions, trial briefs, proposed verdict forms, and exhibit objections at least 7 days before the Final Pretrial Conference.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibits
Must include: exhibit list ?

The parties shall provide the Court with one official set of the record exhibits seven days before the Pretrial Conference. Each exhibit must be separated with a label divider identifying the exhibit number. Spine labels should indicate the numbers of the exhibits that are in the binders.

Summary: One official set of record exhibits must be provided to the Court seven days before the Pretrial Conference, with label dividers and spine labels.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Jury instructions ?
Must include: proposed order ?

Any instruction request must be renewed specifically at the conference or it will be deemed waived, whether or not it was requested prior to trial. If, however, a party still wishes to request an omitted instruction after reviewing the Court's draft, then it must affirmatively re-request it at the charging conference in order to give the Court a fair opportunity to correct any error. Otherwise, as stated, the request will be deemed abandoned or waived.

Summary: Jury instruction requests must be renewed at the charging conference or they are waived; omitted instructions must be affirmatively re-requested.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order
Must include: proposed order

Any stipulation or proposed order in a case subject to e-filing should, in addition to being e-filed, be submitted by email to agtpo@cand.uscourts.gov as a Word document on the same day the document is e-filed. This email address should be used only for this stated purpose unless otherwise directed by the Court.

Summary: Proposed orders must be emailed as Word documents to agtpo@cand.uscourts.gov on the same day as e-filing.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Case management statement ?
Must include: joint statement

Prior to an initial or further case management conference, counsel must meet and confer and then, no later than seven days before the conference, file a joint statement, or file separate statements if permitted by Civil Local Rule 16-9.

Summary: Joint case management statement required 7 days before conference

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Amended pleading
Must include: redlined version

Any party who files an amended pleading must concurrently file a redlined version comparing the amended pleading to the prior operative pleading.

Summary: Redlined version required with amended pleadings

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibits
Must include: separate filing, sequential numbering ?

When exhibits are included with a motion, opposition brief, or reply brief, the exhibits should be filed separately on ECF. For example, if a motion is Docket No. 30, and a declaration with 10 exhibits is Docket No. 31, Exhibit A should be filed as Docket No. 31-1, Exhibit B should be filed as Docket No. 31-2, and so on.

Summary: Exhibits must be filed separately on ECF with sequential numbering

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Discovery ?
Must include: evidence preservation ?

Summary: Parties must preserve relevant evidence and suspend document destruction

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Discovery joint statement ?
Must include: definitions, disputed requests, disputed responses ?

Relevant declarations and exhibits may be attached to the joint statement. If specific discovery requests, i.e., interrogatories, requests for production of documents, requests for admission, are in dispute, the parties must attach the following to their joint statement: a copy of the disputed requests, a copy of the disputed responses, and a copy of the definitions of any defined terms used in the disputed requests.

Summary: Joint statements must include disputed discovery requests, responses, and definitions

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Discovery joint statement ?
Must include: ecf filing ?

Joint statements must be e-filed (unless the case is exempt from e-filing requirements) under the Civil Events category of "Motions and Related Filings > Motions – General > Discovery Letter Brief."

Summary: Discovery joint statements must be e-filed under specific ECF category

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Protective order
Must include: model order ?

If parties believe a protective order is necessary, they must when practicable use one of the model protective orders, available at www.cand.uscourts.gov/forms/model-protective-orders.

Summary: Use model protective orders when practicable for protective order requests

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Stipulated protective order
Must include: model order comparison ?

When parties ask the Court to approve a stipulated protective order, they must file with the proposed order either (i) a statement in which they confirm that the proposed protective order doesn't differ in any respect from the model order, or (ii) a redline comparing the proposed protective order with the model order, along with an explanation of any changes.

Summary: Stipulated protective orders require confirmation or redline vs model order

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Privilege log

Privilege logs must be promptly provided and sufficiently detailed and informative to justify the privilege. See Fed. R. Civ. P. 26(b)(5).

Summary: Privilege logs must be promptly provided and sufficiently detailed.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Privilege log

Privilege logs must contain the following: • the title and description of the document, including the number of pages or Bates- number range; • the subject matter addressed in the document; • the identity and position of its author; • the identity and position of all addressees and recipients; • the date the document was prepared and, if different, the date on which it was sent to or shared with persons other than its author; and • the basis for the claim that the document is privileged or protected.

Summary: Privilege logs must include specific document information and privilege basis.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition notice ?

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.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition notice ?

Counsel must consult in advance with opposing counsel to schedule depositions at a mutually convenient time and location.

Summary: Counsel must consult with opposing counsel to schedule depositions.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition ?

Speaking objections are prohibited.

Summary: Speaking objections are prohibited during depositions.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition ?

When privilege is claimed, the witness must answer questions relevant to the existence, extent, or waiver of the privilege unless such information is itself privileged.

Summary: Witness must answer questions about privilege existence/extent/waiver unless privileged.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Dispositive motion

If a party files a dispositive motion (such as a motion to dismiss or a motion to remand), the moving party must file the consent or declination simultaneously with the motion.

Summary: When filing a dispositive motion, the moving party must file its consent or declination at the same time.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Consent declination form ?

In no event shall the consent or declination be filed later than the deadlines specified in Civil Local Rule 73-1.

Summary: Consent or declination filings must meet the Civil Local Rule 73-1 deadline.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Stipulation or proposed order

Summary: Stipulations and proposed orders in e-filed cases should also be emailed to chambers the same day they are e-filed.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Case management statement ?

Summary: Before initial or further case management conferences, counsel must meet and confer and file a joint (or permitted separate) statement at least seven days in advance.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Amended pleading

Any party who files an amended pleading must concurrently file a redlined version comparing the amended pleading to the prior operative pleading.

Summary: A party filing an amended pleading must concurrently file a redline against the prior operative pleading.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint statement
Must include: certificate of conference ?

1. an attestation that counsel for the parties met and conferred in person or by videoconference in good faith to resolve their dispute before filing the joint statement; 2. each party’s position, including pertinent factual background, requested relief, and citations to relevant legal authority; and 3. each party’s final proposed compromise.

Summary: Discovery joint statements must include meet-and-confer attestation, each party’s position with factual and legal support, and each party’s final compromise proposal.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint statement

If specific discovery requests, i.e., interrogatories, requests for production of documents, requests for admission, are in dispute, the parties must attach the following to their joint statement: a copy of the disputed requests, a copy of the disputed responses, and a copy of the definitions of any defined terms used in the disputed requests.

Summary: When specific discovery requests are disputed, the joint statement must attach the disputed requests, disputed responses, and definitions of defined terms.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint statement

Joint statements must be e-filed (unless the case is exempt from e-filing requirements) under the Civil Events category of “Motions and Related Filings > Motions – General > Discovery Letter Brief.”

Summary: Discovery joint statements must be e-filed under the specified Civil Events ECF category, unless exempt from e-filing.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Protective order

If parties believe a protective order is necessary, they must when practicable use one of the model protective orders, available at www.cand.uscourts.gov/forms/model-protective- orders.

Summary: When practicable, parties seeking a protective order must use one of the court’s model protective orders.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order
Must include: proposed order

Summary: A stipulated protective order submission must include either a no-differences statement or a redline plus explanation of changes versus the model order.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Privilege log

Privilege logs must be promptly provided and sufficiently detailed and informative to justify the privilege. See Fed. R. Civ. P. 26(b)(5).

Summary: Privilege logs must be provided promptly and include enough detail to justify privilege claims.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Privilege log

Summary: Privilege logs must include specified identifying, distribution, date, subject, and privilege-basis details.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Settlement conference statement
Must include: notice of electronic filing ?

Each party shall prepare a settlement conference statement, which must be emailed to the Court in .pdf format, at agtsettlement@cand.uscourts.gov, no later than seven days prior to the conference. Paper copies should not be provided.

Summary: Settlement conference statements must be emailed as PDF to specific address at least 7 days before conference.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Settlement conference statement
Must include: certificate of service ?

Settlement conference statements must be served on opposing counsel. Any party may email an additional confidential statement to the Court, the contents of which will not be disclosed to the other parties.

Summary: Settlement conference statements must be served on opposing counsel; confidential statements may be sent directly to court.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Confidential statement

If a defendant plans to assert that it lacks resources and is unable to offer monetary compensation or that it otherwise does not intend to offer monetary compensation as part of a settlement, it must notify the Court of this in a confidential statement no later than seven days prior to the conference.

Summary: Defendants must notify court in confidential statement if unable to offer monetary compensation at least 7 days before conference.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Settlement conference statement
Must include: certificate of service ?

The settlement conference statement shall include at least the following:  a brief statement of the facts of the case;  a brief statement of the claims and defenses;  a candid evaluation of the party’s likelihood of prevailing;  a summary of the proceedings to date and any pending motions;  the relief sought;  any discrete issue that, if resolved, would facilitate resolution of the case; and  the party’s position on settlement, including present demands and offers and a history of past settlement discussions.

Summary: Settlement conference statements must include specific content: facts, claims, evaluation, proceedings summary, relief sought, settlement position, and history.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.CRITICAL?

Applies to: Consent form ?
Must include: case number, signature blocks ?

In cases that are randomly assigned to Judge Spero for all purposes, a Consent or Declination to Magistrate Judge Jurisdiction form will be mailed to all parties. The parties are requested, within two weeks from receipt of the form, to complete and file the form indicating their consent or request for reassignment to a District Judge.

Summary: Consent/Declination form must be filed within 2 weeks of receipt in cases assigned to Judge Spero

Magistrate Judge Joseph C. Spero

Machine summary. Not checked yet.CRITICAL?

Applies to: Preservation letter ?
Must include: certificate of service ?

As soon as a party has notice of this order, the party shall take such affirmative steps as are necessary to preserve evidence related to the issues presented by the action, including, without limitation, interdiction of any document destruction programs and any ongoing erasures of emails, voice mails, and other electronically recorded material to the extent necessary to preserve information relevant to the issues presented by this action.

Summary: Parties must immediately preserve all evidence including electronic records upon notice of this order

Magistrate Judge Joseph C. Spero

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Settlement conference statement
Must include: lodging ?

Each party shall prepare a Settlement Conference Statement and may prepare an optional, Confidential Settlement Letter, which must be LODGED via mail or hand delivery with the undersigned’s chambers (NOT electronically filed), and must be received no later than 14 calendar days prior to the conference.

Summary: Settlement Conference Statement and Confidential Letter must be lodged via mail/hand delivery 14 days before conference.

Magistrate Judge Kandis A. Westmore

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Settlement conference statement
Must include: email submission ?

Each party shall also email their Settlement Conference Statement and Confidential Settlement Letter, if applicable, in .pdf format to KAWsettlement@cand.uscourts.gov.

Summary: Settlement Conference Statement and Confidential Letter must be emailed in PDF format.

Magistrate Judge Kandis A. Westmore

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Settlement conference statement
Must include: lodging ?

Failure to timely lodge a settlement conference statement may result in your settlement conference being vacated.

Summary: Failure to lodge Settlement Conference Statement may result in conference being vacated.

Magistrate Judge Kandis A. Westmore

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Settlement conference statement
Must include: current demand, current response ?

There must be a current demand and response made before the settlement conference, and those must be included in the settlement conference statements.

Summary: Current demand and response required before settlement conference.

Magistrate Judge Kandis A. Westmore

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Updated settlement conference statement
Must include: updated settlement positions, no repetition of previous information ?

Unless explicitly relieved of this requirement, the parties shall lodge updated settlement conferences statements 14 days prior to the further settlement conference to inform the Court of the status of the action and any developments that have occurred since the last settlement conference, including updated settlement positions. The updated statement shall not repeat information previously provided in the original submissions.

Summary: Updated settlement statements due 14 days before further conferences.

Magistrate Judge Kandis A. Westmore

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Notice of settlement
Must include: immediate filing ?

If the case settles prior to the settlement conference, the parties shall immediately file a notice of settlement, and notify chambers by e-mailing both KAWcrd@cand.uscourts.gov and KAWsettlement@cand.uscourts.gov that the case has settled.

Summary: Immediate notice of settlement required if case settles before conference.

Magistrate Judge Kandis A. Westmore

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Consent to magistrate ?
Must include: case number, signature blocks ?

In civil cases randomly assigned to Judge Westmore for all purposes, the parties should file their written consent to the assignment of a United States Magistrate Judge for all purposes or their written declination of consent as soon as possible, and in no event later than the deadlines specified in Civil L.R. 73-1(a).

Summary: Consent/declination to magistrate judge assignment required promptly, no later than L.R. 73-1(a) deadlines.

Magistrate Judge Kandis A. Westmore

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion to amend ?
Must include: redline comparison

(e) If a party files a motion for leave to amend a pleading, it must file as an attachment a redline comparison of the proposed amended pleading against the last pleading.

Summary: Motions to amend pleading require redline comparison attachment showing changes.

Magistrate Judge Kandis A. Westmore

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order
Must include: proposed order

Proposed orders filed by an e-filing party shall be submitted in Word format (.doc or .docx) via e-mail to kawpo@cand.uscourts.gov on the same day the document is e-filed. This requirement also applies to stipulations that require court approval, which must include a proposed order on the face of the stipulation. This e-mail address should only be used for this stated purpose unless otherwise directed by the Court.

Summary: Proposed orders and approved stipulations must be emailed in Word format to kawpo@cand.uscourts.gov on filing day.

Magistrate Judge Kandis A. Westmore

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint letter
Must include: notice of electronic filing ?

The joint letter must be e-filed under the Civil Events category of "Motions and Related Filings>Motions--General>Discovery Letter Brief." Do not file under the "Letter" event, because the filing will not be designated as an open motion that requires court resolution.

Summary: Joint letter must be e-filed under specific Civil Events category, not under "Letter" event.

Magistrate Judge Kandis A. Westmore

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Opposition memorandum ?
Must include: opposition memorandum ?

The failure of the opposing party to file a memorandum of points and authorities in opposition to any motion shall constitute consent to the granting of the motion.

Summary: Failure to file opposition memo constitutes consent to granting motion.

Magistrate Judge Kandis A. Westmore

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Settlement conference statement
Must include: lodged with chambers ?

Each party shall prepare a Settlement Conference Statement and may prepare an optional, Confidential Settlement Letter, which must be LODGED via mail or hand delivery with the undersigned's chambers (NOT electronically filed), and must be received no later than 10 calendar days prior to the conference (or 14 days prior if there are four or more separately represented parties).

Summary: Settlement Conference Statement and Confidential Letter must be lodged via mail/hand delivery (not ECF) 10 days before conference (14 days if 4+ parties)

Magistrate Judge Kandis A. Westmore

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Settlement conference statement

The Settlement Conference Statement shall include the following: a. Substance of the Suit. Describe briefly the substance of the suit, including the following: i. A brief statement of the facts of the case. ii. The claims and defenses, including the statutory or other grounds upon which the claims are founded. iii. A summary of the proceedings to date, including a list of the motions previously made, the dispositions, and any pending motions. iv. A statement of facts not reasonably in dispute. v. A list of the key facts in dispute and the specific evidence relevant to a determination of those facts. vi. Any discrete issue that, if resolved, would facilitate the resolution of the case. vii. A brief statement of issues of law with respect to liability and damages. The statement must include citations to statutes and cases, but extended legal argument is not necessary. b. Relief Sought. A statement of the relief sought, including an itemization of damages and any non-monetary relief sought.

Summary: Settlement Conference Statement must include specific sections on substance of suit and relief sought

Magistrate Judge Kandis A. Westmore

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Settlement conference ?
Must include: personal attendance

Personal attendance of a party is mandatory and will rarely be excused by the Court, and then only upon a written request that is timely under the circumstances and that demonstrates extraordinary hardship. Personal attendance may be excused only upon written authorization from the Court.

Summary: Personal attendance at settlement conference is mandatory, excused only for extraordinary hardship with written authorization

Magistrate Judge Kandis A. Westmore

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Settlement statement ?

The parties are encouraged to provide the Court with deposition testimony, video footage, and other evidence referred to in the statements that are subject to dispute or believed to be dispositive. In the interest of judicial economy, the parties shall provide citations to the deposition testimony in their statements, and attach only the relevant pages of the transcript. Video must be available for streaming on the cloud without registration or download, and the submitting party shall provide time stamps for the portions they wish the Court to view, along with a short explanation of what the video (or video clip) shows.

Summary: Exhibits must include deposition citations and relevant transcript pages; video must be streamable without registration.

Magistrate Judge Kandis A. Westmore

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Updated settlement statement ?

Unless explicitly relieved of this requirement, the parties shall lodge updated settlement conferences statements 10 days prior to the further settlement conference, in accordance with Sections 6 and 7, to inform the Court of the status of the action and any developments that have occurred since the last settlement conference.

Summary: Updated settlement statements must be lodged 10 days prior to further settlement conferences.

Magistrate Judge Kandis A. Westmore

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Updated settlement statement ?

In addition to lodging hardcopies, the parties shall email their updated statements and confidential letters, if applicable, in .pdf format to KAWsettlement@cand.uscourts.gov.

Summary: Updated statements and confidential letters must be emailed in .pdf format to KAWsettlement@cand.uscourts.gov.

Magistrate Judge Kandis A. Westmore

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Notice of settlement

If the case settles prior to the settlement conference, the parties shall immediately file a notice of settlement, and notify Judge Westmore’s Courtroom Deputy at (510) 637-3525 that the case has settled.

Summary: If case settles before conference, file notice of settlement and notify Judge Westmore’s Courtroom Deputy at (510) 637-3525.

Magistrate Judge Kandis A. Westmore

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Proposed order
Must include: proposed order

Proposed orders shall be sent to Judge Westmore’s Courtroom Deputy at kawcrd@cand.uscourts.gov. Counsel shall not send proposed orders in criminal matters to the proposed orders e-mail address, which is reserved for civil matters.

Summary: Proposed orders in criminal cases must be sent to Courtroom Deputy, not civil proposed orders email.

Magistrate Judge Kandis A. Westmore

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Scheduling conference
Must include: certificate of conference ?

Before the scheduling conference, lead counsel must discuss with their clients and each other: • The optimal time for a settlement conference; • Their mutually available dates; • The availability of insurance; • Individuals with settlement authority and their attendance; • Information to be exchanged before the settlement conference; • The time needed to evaluate demands and responses; and • Any other relevant issues.

Summary: Lead counsel must discuss settlement conference logistics with clients and opposing counsel before scheduling conference

Magistrate Judge Laurel Beeler

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Settlement conference
Must include: attendance ?

Lead trial counsel, all parties, and individuals with full authority to negotiate and settle the case must attend the settlement conference.

Summary: Lead trial counsel, all parties, and individuals with full settlement authority must attend settlement conference

Magistrate Judge Laurel Beeler

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Settlement conference
Must include: attendance

A party that is not a natural person (e.g., a corporation or association) satisfies the attendance requirement if represented by a person (other than outside counsel) who is knowledgeable about the case and has final settlement authority. If settlement authority is vested solely in a governing board, claims committee, or equivalent body and cannot be delegated, the party must designate a person with authority to attend and participate in the settlement conference and, if a tentative settlement agreement is reached, to recommend the agreement to the approving body for approval. ADR L.R. Rule 7-3(a).

Summary: Corporations must send knowledgeable person with final settlement authority or designate representative to recommend to approving body

Magistrate Judge Laurel Beeler

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Settlement conference ?
Must include: attendance

A government-entity party satisfies the attendance requirement if represented by a person (in addition to counsel of record) who (1) has, to the greatest extent feasible, authority to settle, (2) is knowledgeable about the case facts, the government entity's position, and the policies governing settlement decisions, and (3) has the authority to recommend a tentative settlement agreement to the government entity for approval. ADR L.R. 7-3(b). If the action is brought by the government on behalf of one or more individuals, at least one such individual must attend. Id.

Summary: Government entities must send knowledgeable representative with settlement authority to recommend to approving body; individuals must attend if government acts on their behalf

Magistrate Judge Laurel Beeler

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Settlement statement
Must include: caption, judge name, case number ?

Settlement statements must include: • Attendees and their roles; • Relevant facts, including disputed facts and key evidence; • Relevant court rulings; • Claims and defenses; • Legal issues about liability and damages; • Prior settlement discussions and mediation efforts; • The current demand and response; • Fees and costs incurred to date and projected through trial; • A candid assessment of settlement risks and the parties’ needs; • Obstacles to settlement and proposed solutions; and • Any other information relevant to settlement.

Summary: Settlement statements must include specific required sections about parties, facts, claims, and settlement positions.

Magistrate Judge Laurel Beeler

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Pretrial filings ?

Second, the parties must file and lodge deposition designations for witnesses appearing only by designation, copies of designations of interrogatories and admissions, and objections to exhibits and use of depositions (as set forth in Federal Rule of Civil Procedure 26(a)(3)(B)). Objections not raised are waived.

Summary: Parties must file and lodge deposition designations, interrogatory/admission designations, and objections to exhibits and depositions; objections not raised are waived.

Magistrate Judge Laurel Beeler

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition designation final packet ?

Counsel for the proffering party must collate and assemble a final packet that covers all remaining issues and provide it to the court fourteen days before the pretrial conference. Any objections must be highlighted and annotated as described in this section. If exhibits are needed to resolve the objections, designating counsel must include copies, with the relevant passages highlighted and tagged.

Summary: Final deposition designation packet must be provided to the court 14 days before the pretrial conference, with objections highlighted and annotated, and exhibits if needed.

Magistrate Judge Laurel Beeler

Machine summary. Not checked yet.CRITICAL?

Applies to: Summary judgment motion ?
Must include: separate statements prohibited ?

The parties may not file separate statements of undisputed facts. See Civil Local Rule 56-2. Joint statements of undisputed facts are not required but are helpful. Any joint statement must include — for each undisputed fact — citations to admissible evidence.

Summary: Separate statements of undisputed facts are prohibited; joint statements (if used) must cite admissible evidence.

Magistrate Judge Laurel Beeler

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition
Must include: privilege or form objections only ?

Deposition objections must be as to privilege or form only. Speaking objections are prohibited.

Summary: Deposition objections limited to privilege or form only; speaking objections prohibited.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition ?
Must include: privilege related answers required ?

When a privilege is claimed, the witness should nevertheless answer questions relevant to the existence, extent, or waiver of the privilege, such as the date of a communication, who made the statement, to whom and in whose presence the statement was made, other persons to whom the contents of the statement have been disclosed, and the general subject matter of the statement, unless such information is itself privileged.

Summary: Witness must answer privilege-related questions unless privileged.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition ?
Must include: private conferences prohibited ?

Private conferences between deponents and attorneys in the course of interrogation, including a line of related questions, are improper and prohibited except for the sole purpose of determining whether a privilege should be asserted.

Summary: Private conferences between deponents and attorneys prohibited except for privilege determination.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Applies to: Settlement conference statement
Must include: certificate of service ?

No later than 7 days prior to the settlement conference, counsel for each party shall email a pdf of their settlement conference statement to ljcsettlement@cand.uscourts.gov. Counsel shall serve a copy of the settlement conference statement on all parties.

Summary: Settlement conference statement due 7 days before conference

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Applies to: Confidential settlement letter

No later than 7 days prior to the settlement conference, each counsel shall email a pdf of their confidential settlement letter to ljcsettlement@cand.uscourts.gov. The confidential settlement letter shall not be served upon the other parties.

Summary: Confidential settlement letter due 7 days before conference

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Applies to: Settlement conference
Must include: attendance ?

Lead trial counsel must attend the settlement conference with the parties and persons having full authority to negotiate and settle the case.

Summary: Lead trial counsel and parties with full settlement authority must attend settlement conference.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Applies to: Settlement conference ?
Must include: attendance

A party other than a natural person (e.g., a corporation or association) satisfies the attendance requirement if represented by a person (other than outside counsel) who is knowledgeable about the case and has final authority to settle up to the full amount of the opposing party's existing settlement demand or offer.

Summary: Corporations must send representative with full settlement authority (up to opposing party's demand/offer).

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Applies to: Settlement conference
Must include: attendance ?

If authority to settle is vested in a governing board, claims committee, or equivalent body and cannot be delegated, a party must designate a person with authority to participate in the settlement conference and, if a tentative settlement agreement is reached, to recommend the agreement to the appropriate body for approval.

Summary: If settlement authority cannot be delegated, designate representative to recommend tentative agreements to governing body.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Applies to: Settlement conference

Such requests must be made at a pre-settlement conference meeting with the Court, or well in advance of the settlement conference.

Summary: Zoom attendance requests must be made at pre-settlement conference or well in advance.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Applies to: Settlement conference ?
Must include: attendance

A party that is a government entity satisfies the attendance requirement if represented by a person (in addition to counsel of record) who (a) has, to the greatest extent feasible, authority to settle, (b) is knowledgeable about the facts of the case, the government entity's position, and the positions and policies under which the government entity decides whether to accept proposed settlements, and (c) has the authority, if a tentative settlement agreement is reached, to recommend the agreement to the government entity for approval.

Summary: Government entities must send representative with settlement authority and knowledge of entity's policies.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Applies to: Settlement conference ?
Must include: attendance ?

If the action is brought by the government on behalf of one or more individuals, at least one such individual also must attend.

Summary: When government sues on behalf of individuals, at least one individual must attend settlement conference.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Applies to: Settlement conference ?
Must include: attendance ?

An insured party must appear with a representative of the carrier who has full authority to negotiate up to the limits of coverage.

Summary: Insured parties must bring carrier representative with full authority to negotiate up to coverage limits.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Applies to: Settlement conference ?
Must include: attendance ?

A person who needs to call another person, not present, before agreeing to any settlement does not have full authority.

Summary: Representatives requiring consultation before settlement do not have full authority.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Applies to: Settlement conference ?

Statements made during the conference are confidential and will not be admissible at trial if the case does not settle.

Summary: Settlement conference statements are confidential and inadmissible at trial if case doesn't settle.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Applies to: Settlement conference

If a request is not made at a pre-settlement conference meeting, the request shall be submitted at least 30 days in advance of the settlement conference by filing either a Motion for Administrative Relief (if the request is opposed) or Stipulation (if the request is unopposed), pursuant to Civil Local Rules 7-11 and 7-12, respectively.

Summary: Late Zoom requests must be filed 30 days in advance as Motion for Administrative Relief or Stipulation.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Applies to: Settlement conference

For settlement conferences in which all parties or some individuals have been allowed by the Court to participate via Zoom, counsel must provide to the CRD the names and email addresses for those settlement conference participants.

Summary: For Zoom participants, counsel must provide names and email addresses to CRD.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Applies to: Settlement conference

Without these email addresses, a Zoom Invitation to join the settlement conference cannot be sent.

Summary: Email addresses required to send Zoom invitations.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Applies to: Settlement conference

This contact information shall be emailed to ljccrd@cand.uscourts.gov no later than 7 days before the settlement conference.

Summary: Contact information must be emailed to ljccrd@cand.uscourts.gov at least 7 days before conference.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order
Must include: proposed order

Proposed orders in civil cases shall be submitted in Word format (.doc or .docx) via email to ljcpo@cand.uscourts.gov on the day of filing.

Summary: Proposed orders must be emailed in Word format on filing day.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion
Must include: certificate of conference ?

All motions or non-stipulated requests shall include a certification, which may be submitted separately or included in the body of the filing, that the parties have complied with this meet and confer requirement.

Summary: Motions must include certification of meet and confer compliance.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion ?

The Court may strike filings that do not comply.

Summary: Non-compliant filings may be stricken by the Court.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Protective order
Must include: declaration

If parties believe a protective order is necessary, they are encouraged to use one of the Court’s model protective orders (available at http://cand.uscourts.gov/model-protective-orders). Parties shall file one of the following with their proposed protective order: (1) a declaration stating that the proposed order is identical to one of the model orders except for the addition of case-identifying information or the elimination of language denoted as optional; (2) a declaration explaining each modification to the model order, along with a redline version comparing the proposed protective order with the model order; or (3) a declaration explaining why use of one of the model orders is not practicable.

Summary: Protective order must be filed with one of three specified declarations.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Privilege log
Must include: privilege log

If a party withholds responsive information by claiming that it is privileged or otherwise protected from discovery, that party shall produce a privilege log. See Fed. R. Civ. P. 26(b)(5).

Summary: Privilege log required when withholding information as privileged.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Privilege log

The privilege log will be produced as quickly as possible, but no later than fourteen (14) days after its disclosures or discovery responses are due, unless the parties stipulate to, or the Court sets, another date.

Summary: Privilege logs due within 14 days of disclosures/discovery responses.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition
Must include: objection type restricted ?

Deposition objections must be as to privilege or form only. Speaking objections are prohibited.

Summary: Deposition objections limited to privilege or form only; speaking objections prohibited.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition ?
Must include: privilege related answers ?

Summary: Witness must answer privilege-related questions unless information itself is privileged.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition ?
Must include: private conferences prohibited ?

Summary: Private conferences between deponents and attorneys prohibited except for privilege determination.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Pretrial preparation ?
Must include: certificate of service ?

Not less than twenty-eight days prior to the pretrial conference, counsel shall exchange (but not file or lodge) the papers described in Civil Local Rule 16-10(b)(7), (8), (9), and (10), and their motions in limine.

Summary: Exchange papers 28 days before pretrial conference (but don't file).

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Pretrial conference statement
Must include: caption, judge name, case number ?

Not less than fourteen days prior to the pretrial conference, counsel shall file the following: (a) Pretrial Conference Statement. The parties shall file a joint pretrial conference statement containing the following information: (1) The Action. (A) Substance of the Action. A brief description of the substance of claims and defenses which remain to be decided. (B) Relief Prayed. A detailed statement of all the relief claimed, particularly itemizing all elements of damages claimed. (2) The Factual Basis of the Action.

Summary: 14 days before pretrial conference, file joint pretrial conference statement with action details and factual basis.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit list
Must include: exhibit list

(b) Exhibit List and Objections. The exhibit list shall list each proposed exhibit by its number (see Civil L.R. 30-2(b)), description, and sponsoring witness, followed by blanks to accommodate the date on which it is marked for identification and the date on which it is admitted into evidence. No party shall be permitted to offer any exhibit in its case-in-chief that is not disclosed in its exhibit list without leave of the Court for good cause shown. Parties shall also deliver a set of premarked exhibits to the Courtroom Deputy at the Clerk’s Office. Do not deliver these exhibits directly to chambers. The exhibit markers shall each contain the name and number of the case, the number of the exhibit, and blanks to accommodate the date admitted and the Deputy Clerk's initials. Any objections to exhibits which remain after the pretrial meeting shall be indicated in the pretrial statement.

Summary: File exhibit list 14 days before pretrial conference; premarked exhibits to Clerk's Office; no exhibits without leave.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Witness list
Must include: joint statement, estimated duration, testimony substance ?

(c) Witness List. In addition to the requirements of Fed. R. Civ. P. 26(a)(3)(A), parties must also submit a brief joint statement describing the substance of the testimony to be given by each witness who may be called at trial, as well as an estimated duration for direct examination off each witness. No party shall be permitted to call any witness in its case-in-chief who is not disclosed in its pretrial statement without leave of Court for good cause shown.

Summary: Witness list must include joint statement of testimony substance and estimated direct exam duration; no undisclosed witnesses without court leave.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Discovery responses
Must include: conference confirmed, objections indicated, designations identified ?

(d) Use of Discovery Responses. In addition to the requirements of Fed. R. Civ. P. 26(a)(3)(A), parties must identify any designations of excerpts from interrogatory answers or from responses for admissions intended to be offered at trial. Within seven days from when the disclosures are filed with the Court, counsel shall indicate any objections to use of these materials and that counsel have conferred respecting such objections.

Summary: Discovery responses must be identified for trial use; objections and conference required within 7 days of filing.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Trial briefs
Must include: procedural issues, evidentiary issues, significant disputed issues ?

(e) Trial briefs. Briefs on all significant disputed issues of law, including foreseeable procedural and evidentiary issues, which remain after the pretrial meeting.

Summary: Trial briefs required on all significant disputed legal issues remaining after pretrial meeting.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Voir dire
Must include: joint proposed, agreed questions, disputed questions separated ?

(g) Joint Proposed Voir Dire (jury trials only). The attached voir dire questionnaire will be given to the venire members, and copies of the responses will be made available to counsel at the beginning of voir dire. Counsel may submit a set of additional requested voir dire, to be included in the questionnaire or posed by the Court, to which they have agreed at the pretrial meeting. Any voir dire questions on which counsel cannot agree shall be submitted separately. Counsel may be allowed brief follow-up voir dire after the Court's questioning.

Summary: Joint voir dire questionnaire required for jury trials; agreed questions included, disputed questions submitted separately.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Jury instructions
Must include: joint submission, table of contents, argument authority included +1 more ?

instructions 1.2 through 1.21, 2.1 through 2.13, and 3.1 through 3.3 from the Manual of Model Civil Jury Instructions for the Ninth Circuit (most recent edition) will be given absent objection. Counsel shall jointly submit one set of additional proposed jury instructions, to which they have agreed at the pretrial meeting. The instructions shall be ordered in a logical sequence, together with a table of contents. Any instruction that is based on a form or model instruction (including but not limited to Ninth Circuit model jury instructions and Judicial Council of California Civil Jury Instructions (CACI)) must indicate the number of the form instruction and any alterations made by the parties. Any instruction on which counsel cannot agree shall be marked as “disputed,” and shall be included within the jointly submitted instructions and accompanying table of contents, in the place where the party proposing the instruction believes it should be given. Argument and authority for and against each disputed instruction shall be included as part of the joint submission, on separate pages directly following the disputed instruction. The parties shall email to ljcpo@cand.uscourts.gov a copy of their proposed jury instructions in Word format. The subject of the email should include the case name, the case number and a description of the document.

Summary: Joint proposed jury instructions required with table of contents; disputed instructions marked and argued separately; must email to ljcpo@cand.uscourts.gov in Word format.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Verdict forms
Must include: jury trials only, joint or separate ?

(i) Proposed Verdict Forms, Joint or Separate (jury trials only).

Summary: Proposed verdict forms required for jury trials, may be joint or separate.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Findings conclusions ?
Must include: email submission, numbered paragraphs, findings of fact first +2 more ?

(j) Proposed Findings of Fact and Conclusions of Law (bench trials only). Each party shall file proposed findings of fact and conclusions of law, presenting in numbered paragraphs all findings of fact followed by all conclusions of law. The parties shall email to ljcpo@cand.uscourts.gov a copy of their proposed findings of fact and conclusions of law in Word format. The subject of the email should include the name of the case, the case number and a description of the document. The Court requests that the parties hyperlink each proposed Finding of Fact to any supporting evidence, and arrange for either electronic file transfer or delivery of a USB drive containing the hyperlinked exhibits.

Summary: Proposed findings of fact and conclusions of law required for bench trials in numbered paragraphs; must email to ljcpo@cand.uscourts.gov with hyperlinks to evidence.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.CRITICAL?

Applies to: Proposed order
Must include: proposed order

In addition to e-filing, the parties must email a copy of all stipulations and proposed orders in Word format to ncpo@cand.uscourts.gov on the same day they e-file these documents.

Summary: Email Word format copies of stipulations and proposed orders to ncpo@cand.uscourts.gov on same day as e-filing.

Magistrate Judge Nathanael Cousins

Machine summary. Not checked yet.CRITICAL?

Applies to: Discovery dispute

For all discovery disputes, the parties must meet and confer to attempt to resolve their dispute. The meet and confer must be a direct conversation in person or by telephone or video. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer.

Summary: Discovery disputes require direct conversation (in person, phone, or video), not just written exchanges.

Magistrate Judge Nathanael Cousins

Machine summary. Not checked yet.CRITICAL?

Applies to: Discovery statement ?

The statement(s) must be filed in ECF under the Civil Events category of Motions and Related Filings > Motions: General > Discovery Letter Brief.

Summary: Discovery statements must be filed in ECF under Civil Events > Motions: General > Discovery Letter Brief.

Magistrate Judge Nathanael Cousins

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint statement ?

The parties may not attach declarations, exhibits, proposed orders, etc. to the statement absent leave of Court.

Summary: Joint statements for discovery disputes cannot include attachments without leave of court.

Magistrate Judge Nathanael Cousins

Machine summary. Not checked yet.CRITICAL?

Applies to: Settlement conference
Must include: attendance in person ?

All parties and their counsel are required to attend the settlement conference in person, not by telephone. Non-natural persons must be represented by a person with unlimited authority to negotiate a settlement. An insured party must appear with a representative of the carrier with full authority to negotiate up to the limits of coverage. A person who must call another person not present at the conference before agreeing to a settlement does not have unlimited authority.

Summary: All parties must attend settlement conference in person with authorized representatives

Magistrate Judge Nathanael Cousins

Machine summary. Not checked yet.CRITICAL?

Applies to: Settlement conference statement
Must include: format pdf, not filed in ecf ?

No later than seven days prior to the conference, each party must submit a settlement conference statement via email in PDF format to ncpo@cand.uscourts.gov. Each party must also serve its statement on opposing counsel. The statement must not be filed in ECF. The statement must include: (a) the identity of the attorney(s) and clients attending the settlement conference; (b) a brief statement of the facts of the case; (c) a brief statement of the claims and defenses raised, including statutory or other grounds upon which the claims are founded; (d) a candid evaluation of the parties' likelihood of prevailing on the claims and defenses; (e) a candid evaluation of the strengths and weaknesses of the parties' respective positions; (f) a summary of the proceedings to date; (g) a listing of all pending motions; (h) the relief sought; (i) the party's position on settlement, including present demands, offers, and a history of past settlement discussions.

Summary: Settlement conference statement due 7 days prior via email PDF to ncpo@cand.uscourts.gov with 9 required elements

Magistrate Judge Nathanael Cousins

Machine summary. Not checked yet.CRITICAL?

Applies to: Settlement conference statement
Must include: format pdf, not filed in ecf ?

No later than seven days prior to the conference, each party must submit a settlement conference statement via email in PDF format to ncpo@cand.uscourts.gov.

Summary: Settlement conference statement due 7 days prior via email PDF to ncpo@cand.uscourts.gov

Magistrate Judge Nathanael Cousins

Machine summary. Not checked yet.CRITICAL?

Applies to: Settlement conference statement ?
Must include: service on opposing counsel ?

Each party must also serve its statement on opposing counsel.

Summary: Settlement conference statement must be served on opposing counsel

Magistrate Judge Nathanael Cousins

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Settlement conference statement

A Party’s Settlement Conference Statement must include the following: 1. A brief summary statement of the facts of the case. 2. A brief overview statement of the claims and defenses including, but not limited to, the statutory or other grounds upon which the claims or defenses are founded. 3. A brief description of the key factual and legal issues that are in dispute and a plain and concise statement of the specific evidence relevant to their determination. Portions of any exhibits relied upon by the Parties shall be referenced and highlighted. 4. A summary of the proceedings to date and any pending motions. 5. The relief sought, the basis for any damage calculations, and a description of any non-monetary relief sought or non-monetary components of any previously exchanged settlement offers or demands. 6. A list of the names, titles, and email addresses of all persons who will be attending the Settlement Conference on behalf of each Party. 7. Where a Party is a governmental or corporate entity, a description of which persons or entities must approve a proposed settlement agreement before it can be executed, whether such persons or entities (or their representative) will attend the Settlement Conference (and if not, whether they can or should), and a brief description of the nature and duration of that approval process.

Summary: Settlement Conference Statements must include specific content: facts summary, claims/defenses overview, key issues and evidence, proceedings summary, relief sought, attendee list, and for entities, approval process description.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Amended pleading ?
Must include: red line version

All proposed amended complaints, answers, counterclaims, or other pleadings shall be filed contemporaneously with a separate red-line version of the amended document showing the changes made to the previously operative pleading.

Summary: Amended pleadings must include a red-line version showing changes.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion
Must include: proposed order

No changes to the Court’s schedule shall be made except by order of the Court. Parties seeking to continue hearings, request special status conferences, modify briefing schedules, or make any other procedural or scheduling changes shall submit a proposed order and fully executed stipulation explaining the need for the requested modification, or, if stipulation is not possible, a motion for administrative relief. See Civil L.R. 7-11.

Summary: Scheduling changes require proposed order with stipulation or motion for administrative relief.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management conference statement
Must include: caption, judge name, case number +3 more ?

The Parties to an action shall file their joint case management conference statement no later than seven (7) calendar days in advance of the case management conference date. The statement must include all elements requested in the 'Standing Order for All Judges of the Northern District of California – Contents of Joint Case Management Statement.' See Civil L.R. 16-9.

Summary: Joint case management statement due 7 calendar days before conference.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion
Must include: notice of electronic filing ?

All motions and declarations shall be filed as separate documents. This includes motions and declarations e-filed with the Court. All exhibits to motions should be separately filed on ECF.

Summary: Motions, declarations, and exhibits must be filed as separate ECF documents.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion to seal
Must include: local rule certificate ?

For motions to seal, any Party who submits a request to file a document or material under seal pursuant to Civil Local Rule 79-5 shall include a statement to inform the Court: (1) whether the...

Summary: Motions to seal must include statement about sealing request under Civil Local Rule 79-5.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion
Must include: proposed order

Each Party filing a motion shall also file and serve a proposed order that sets forth the relief or action sought and a short statement of the rationale of decision.

Summary: Each motion must include a proposed order with relief sought and rationale.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion
Must include: proposed order

Any proposed order should be filed contemporaneously with the motion or opposition.

Summary: Proposed orders must be filed with the motion or opposition.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order

any proposed stipulation or proposed order in a case subject to electronic filing shall also be sent in Word format by email to PHKpo@cand.uscourts.gov.

Summary: Proposed stipulations/orders in e-filed cases must be emailed in Word format.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Brief ?

Briefing shall comply with Civil Local Rules 7-2 through 7-5.

Summary: Briefing must comply with Civil Local Rules 7-2 through 7-5.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Summary judgment motion ?

Separate statements of proposed undisputed facts and/or conclusions of law are prohibited, and thus, will not be considered by the Court.

Summary: Separate statements of undisputed facts or conclusions of law are prohibited.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Summary judgment motion ?

If Parties submit excerpts of deposition transcripts in support of or opposition to a motion for summary judgment, they shall highlight the relevant portions for ease of reference.

Summary: Deposition transcript excerpts must highlight relevant portions for summary judgment motions.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Summary judgment motion ?
Must include: proposed order

Before the first brief is filed, the Parties shall submit a stipulation and proposed order setting a briefing schedule for the cross-motions and a general, one-sentence description of the subject matter of each of the cross-motions.

Summary: Parties must submit stipulation and proposed order with briefing schedule and subject matter description before first brief.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Brief
Must include: ai disclosure ?

Any brief, pleading, or other document submitted to the Court the text of which was created

Summary: AI-generated documents must include disclosure in table or separate notice

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Brief
Must include: ai disclosure ?

Counsel shall maintain records sufficient to identify, if requested by the Court, those portions of the text of a pleading, brief, or document submitted to the Court which was created or drafted by an AI tool.

Summary: Must maintain records identifying AI-generated portions of documents

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Brief
Must include: ai disclosure ?

Parties and counsel shall not file or otherwise present to the Court any briefs, pleadings, materials, other documents, or argument which contain AI-hallucinated citations to law, case or legal citations which are fictitious or non-existent, or any uncorroboratable assertions of law or fact.

Summary: Prohibited from filing AI-hallucinated citations or uncorroboratable assertions

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Brief ?
Must include: ai disclosure ?

A pro se party or a counsel's failure to confirm or double-check the accuracy, veracity, or even existence of a case or legal citation (or assertion of fact) created by an AI tool is grounds for potential sanctions.

Summary: Failure to verify AI-generated citations is grounds for sanctions

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Evidence ?
Must include: ai disclosure ?

If a Party or counsel seeks to file or otherwise present to the Court any such AI-generated evidentiary material, no such material shall be considered unless previously disclosed or produced timely in discovery

Summary: AI-generated evidence must be disclosed in discovery to be considered

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Evidence ?
Must include: ai disclosure ?

Contemporaneous with the production or disclosure of any such AI-generated evidentiary material, counsel shall serve a Notice to the opposing Party or side identifying such material with sufficient specificity to locate it

Summary: Must serve notice identifying AI-generated evidence to opposing party

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit
Must include: ai disclosure ?

If a Party or counsel chooses to use an AI or other automated tool as part of a process for creating exhibits, demonstratives, or other material to be filed or presented to the Court, they shall only do so consistent with their ethical and legal obligations and shall use such tools responsibly and with competent training, knowledge, and understanding of the limitations and risks of such automated tools.

Summary: AI tools must be used responsibly with competent training and understanding of limitations.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit
Must include: ai disclosure ?

Any exhibit, demonstrative, or other material to be filed or presented to the Court which was created or drafted with any assistance or use of an AI tool shall be identified as such in its title or caption, in a table preceding the body of exhibit, demonstrative, or other material, or by a separate Notice filed contemporaneously with the document or material.

Summary: AI-generated exhibits must be identified in title/caption, table, or separate notice.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit
Must include: ai disclosure ?

Counsel shall maintain records sufficient to identify, if requested by the Court, those portions of that exhibit, document, or material created or drafted by use of an AI tool.

Summary: Counsel must maintain records identifying AI-generated portions of exhibits.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit
Must include: ai disclosure ?

Parties and counsel shall not file, proffer, or otherwise present to the Court exhibits, demonstratives, or other evidentiary or factual material which contain AI-hallucinated assertions of fact, uncorroboratable statements as to factual matters or evidence, or any fictitious or non-existent references or citations to law or fact.

Summary: AI-hallucinated assertions, uncorroborated statements, and fictitious citations are prohibited.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit ?
Must include: ai disclosure ?

A pro se party’s or a counsel’s failure to confirm or double-check the accuracy, veracity, or even existence of a basis for an assertion of fact or evidence created by an AI tool is grounds for potential sanctions.

Summary: Failure to verify AI-generated facts may result in sanctions.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Standing order
Must include: certificate of service ?

Plaintiff (or in the case of removed cases, any removing Defendant) is directed: (a) to serve copies of this Standing Order upon all other Parties to the action within seven (7) calendar days of the appearance of these other Parties, including any subsequently joined Parties, pursuant to Fed. R. Civ. P. 4 and 5; and (b) to file with the Clerk of the Court a certificate reflecting such service, in accordance with Civil L.R. 5-5.

Summary: Plaintiff must serve copies of Standing Order to all parties within 7 days and file certificate of service.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition

Deposition objections shall be as to privilege or form only. Speaking objections or those calculated to coach a deponent are prohibited.

Summary: Deposition objections limited to privilege or form only; speaking objections prohibited.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition ?

Counsel may not instruct a deponent not to answer a question except when necessary to preserve a privilege, to enforce a limitation directed by the Court, or to present a motion under Fed. R. Civ. P. 30(d)(3).

Summary: Counsel may only instruct deponent not to answer to preserve privilege, enforce court limitation, or under Rule 30(d)(3).

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition ?

Summary: Private conferences between deponents and attorneys during interrogation are prohibited except to determine privilege.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Document production ?

As soon as a Party has notice of this Standing Order, the Party shall take such affirmative steps as are necessary to preserve evidence related to the issues presented by the action.

Summary: Parties must take affirmative steps to preserve evidence upon notice of this Standing Order.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Evidence

Except for good cause, no item will be received in evidence if the proponent failed to produce that item during the fact discovery period in the face of a reasonably specific and proper discovery request seeking production of that item or in the face of an obligation to disclose that item under Fed. R. Civ. P. 26(a).

Summary: Items not produced during fact discovery cannot be used as evidence except for good cause.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint letter ?
Must include: proposed compromises, identification of disputes, substantive description of positions ?

Within five (5) business days of the in-person meeting between lead trial counsel referred to above, the Parties shall jointly file a detailed letter with the Court which will include an identification of the matters remaining in dispute, a detailed substantive description of each side's position on each such issue, and a description of each side's proposed compromise on each such issue.

Summary: Parties must jointly file detailed letter within 5 business days after meet and confer.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Settlement statement ?

The Settlement Conference Statement ... shall include the following: a. A brief statement of the facts of the case; b. A brief statement of the claims and defenses including, but not limited to, statutory or other grounds upon which the claims are founded, and a candid evaluation of the parties' likelihood of prevailing on the claims and defenses; c. A summary of the proceedings to date and any pending motions; d. The relief sought, including an itemization of damages; and e. The party's position on settlement, including present demands and offers and a history of past settlement discussions.

Summary: Settlement Conference Statement must include facts, claims/defenses, proceedings summary, relief sought, and settlement position.

Magistrate Judge Robert M. Illman

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order
Must include: proposed order

Proposed orders should be emailed in MS Word format to rmipo@cand.uscourts.gov. This address is to be used only for proposed orders unless otherwise directed.

Summary: Proposed orders must be emailed in MS Word format to specific address

Magistrate Judge Robert M. Illman

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion

In civil cases that are assigned to Judge Illman for all purposes, each party should file a consent to the assignment of a United States Magistrate Judge for all purposes, or a request for reassignment to a district judge, as soon as possible. If a party files a dispositive motion (such as a motion to dismiss or a motion for remand), the moving party must file the consent/declination simultaneously with the motion.

Summary: Consent or declination to proceed before a Magistrate Judge must be filed simultaneously with any dispositive motion.

Magistrate Judge Robert M. Illman

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order
Must include: proposed order

Proposed orders should be emailed in MS Word format to rmipo@cand.uscourts.gov. This address is to be used only for proposed orders unless otherwise directed.

Summary: Proposed orders must be emailed in MS Word format to rmipo@cand.uscourts.gov; this address is for proposed orders only.

Magistrate Judge Robert M. Illman

Machine summary. Not checked yet.CRITICAL?

Applies to: Stipulation
Must include: proposed order

Any stipulation or proposed order in a case subject to e-filing should be submitted in Microsoft Word format by email to skpo@cand.uscourts.gov on the same day the document is e-filed.

Summary: Stipulations and proposed orders must be emailed in Word format to skpo@cand.uscourts.gov on same day as e-filing.

Magistrate Judge Sallie Kim

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint case management statement
Must include: joint statement ?

No later than seven (7) days prior to the any scheduled case management or status conference, the parties shall file a Joint Case Management Statement in full compliance with the Northern District of California’s General Standing Order for civil cases entitled “Contents of

Summary: Joint Case Management Statement required 7 days before case management or status conferences.

Magistrate Judge Sallie Kim

Machine summary. Not checked yet.CRITICAL?

Applies to: Case management conference
Must include: authority to enter stipulations, prepared to address joint case management statements ?

Each party shall be represented in person at the Case Management Conference by lead trial counsel (or a party if pro se), who shall be (1) prepared to address all of the matters referred to in the Northern District of California’s General Standing Order on Joint Case Management Statements; and (2) have full authority to enter stipulations and make admissions pursuant to that order.

Summary: Lead trial counsel or pro se party must attend case management conferences with full authority to enter stipulations.

Magistrate Judge Sallie Kim

Machine summary. Not checked yet.CRITICAL?

Applies to: Discovery
Must include: compliance with local rules, compliance with federal rules ?

Parties shall propound disclosures and discovery in accordance with Federal Rules of Civil Procedure 26 through 37 and the corresponding Civil Local Rules for the Northern District of California.

Summary: Discovery must comply with Federal Rules of Civil Procedure 26-37 and Northern District Local Rules.

Magistrate Judge Sallie Kim

Machine summary. Not checked yet.CRITICAL?

Applies to: Protective order
Must include: declaration about model order compliance ?

Parties shall file one of the following with their proposed protective order: (a) a declaration stating that the proposed order is identical to one of the model orders except for the addition of case-identifying information or the elimination of language denoted as optional; (b) a declaration explaining each modification to the model order, along with a redline version comparing the proposed protective order with the model order; or (c) a declaration explaining why use of one of the model orders is not practicable.

Summary: Protective order filings must include declaration about model order compliance or modifications.

Magistrate Judge Sallie Kim

Machine summary. Not checked yet.CRITICAL?

Applies to: Discovery ?
Must include: declaration of meet and confer attempts, available dates for telephonic conference ?

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.

Summary: Request for telephonic conference must include declaration of meet and confer attempts and available dates.

Magistrate Judge Sallie Kim

Machine summary. Not checked yet.CRITICAL?

Applies to: Discovery letter brief
Must include: notice of electronic filing ?

The joint letter must be e-filed under the Civil Events category of "Motions and Related Filings>Motions--General>Discovery Letter Brief."

Summary: Joint discovery letter must be e-filed under specific ECF category.

Magistrate Judge Sallie Kim

Machine summary. Not checked yet.CRITICAL?

Applies to: Exhibit
Must include: notice of electronic filing ?

All exhibits to motions and/or discovery dispute letters should be separately filed on ECF. For example, if the motion is Docket No. 30, and the declaration with ten exhibits is Docket No. 31, Exhibit A should be filed as Docket No. 31-1, Exhibit B should be Docket No. 31-2, and so on. All exhibits should be filed in a searchable OCR format where possible.

Summary: Exhibits must be separately filed on ECF with specific numbering and in searchable OCR format.

Magistrate Judge Sallie Kim

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Subsequent case management report ?
Must include: caption, judge name, case number ?

Within thirty days of the filing of the claim construction ruling, the parties shall file following topics: a) whether either party wishes to certify the claim construction ruling for immediate appeal to the Federal Circuit; b) the filing of dispositive motions and timing of those motions; c) if willful infringement has been asserted, whether the allegedly-infringing party wishes to rely on the advice of counsel defense. If so, the parties should be prepared to address proposals for resolving any attorney-client privilege issues that arise, and whether the parties believe bifurcation of the trial into liability and damages phases would be appropriate; d) anticipated post-claim construction discovery; e) any other pretrial matters; and f) the progress of settlement discussions, if any.

Summary: Subsequent Case Management Report due within 30 days of claim construction ruling.

Magistrate Judge Sallie Kim

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management statement

Joint case management statements must include as the first item the case schedule, if it has been set, as well as all information required under the Standing Order for All Judges of the Northern District of California — Contents of Joint Case Management Statement.

Summary: Joint case management statement must include case schedule first and all required information per standing order.

Magistrate Judge Susan van Keulen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order for sealing ?

When submitting a proposed order pursuant to Civil Local Rule 79-5(c)(3), the table format included in the order shall comply with the below format: Document Text to be Sealed Basis for Sealing [redacted portions to be identified by page and line number]

Summary: Proposed order for sealing must include a table with columns 'Document Text to be Sealed' and 'Basis for Sealing'.

Magistrate Judge Susan van Keulen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Reply

No party may file a reply without leave of Court.

Summary: Replies to motions in limine are prohibited without leave of Court.

Magistrate Judge Susan van Keulen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Stipulation
Must include: proposed order

All stipulations and proposed orders are to be emailed in Word format to svkcrd@cand.uscourts.gov on the same day as the documents are e-filed.

Summary: Stipulations and proposed orders must be emailed in Word format to chambers on same day as e-filing

Magistrate Judge Susan van Keulen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion to seal
Must include: proposed order

Motions to seal shall be filed in accordance with Civil Local Rule 79-5. When submitting a proposed order pursuant to Civil Local Rule 79-5(c)(3), the table format included in the order shall comply with the below format: Document Text to be Sealed Basis for Sealing [redacted portions to be identified by page and line number]

Summary: Motions to seal must follow specific table format for proposed orders under Civil Local Rule 79-5

Magistrate Judge Susan van Keulen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Response to motion to seal ?

Where a party (“Filing Party”) files a motion to consider whether another party’s (“Designating Party”) materials should be sealed pursuant to Civil Local Rule 79-5(f), the Designating Party’s statement and/or declaration in support of sealing pursuant to Civil Local Rule 79-5(f)(3) shall attach as exhibit(s) the proposed, public, redacted version of the document(s) sought to be sealed to the extent the proposed redactions differ from the redactions proposed by the Filing Party.

Summary: Designating Party must attach proposed public redacted version of documents when responding to motion to seal under Civil Local Rule 79-5(f)

Magistrate Judge Susan van Keulen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint statement ?
Must include: chambers copy ?

Word versions of the joint chart exhibit and each party’s proposed order must also be emailed to svkcrd@cand.uscourts.gov

Summary: Word versions of joint chart exhibit and proposed orders must be emailed to chambers

Magistrate Judge Susan van Keulen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: All submissions ?
Must include: ai disclosure ?

Counsel is responsible for providing complete and accurate representations in any submission (including filings, demonstratives, evidence and oral argument) to the Court as required by Rule 11 of the Federal Rules of Civil Procedure, the California Rules of Professional Conduct, and any other applicable legal or ethical guidance. Use of generative AI tools, such as ChatGPT, Claude, Gemini, etc., in preparing submissions to the Court is not prohibited, but counsel and self-represented parties must at all times personally confirm for themselves the accuracy of any content generated by these tools. The signature of counsel or a self-represented party on any submission containing AI-generated content, including citations generated by AI, constitutes a certification that the signing attorney (or self-represented party) has personally verified the content’s accuracy. The Court will impute any errors by such AI tools to the attorney or party whose signature appears on the document containing those errors. Failure to verify the accuracy of submissions, particularly the accuracy of citations to law and evidence, may be grounds for sanctions. Counsel is responsible for maintaining records of all prompts or inquiries submitted to any generative AI tools in the event those records become relevant at any point.

Summary: AI disclosure required - counsel must verify accuracy of AI-generated content and maintain records

Magistrate Judge Susan van Keulen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint statement
Must include: proposed order

The joint statement must also include each party's proposed order as an exhibit.

Summary: Joint statements for discovery disputes must include each party's proposed order as an exhibit.

Magistrate Judge Susan van Keulen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management statement

Summary: Joint case management statements must include the case schedule as the first item.

Magistrate Judge Susan van Keulen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Case dispositive motion ?

If a party files a dispositive motion (such as a motion to dismiss or a motion for remand), the moving party must file the consent or declination simultaneously with the motion.

Summary: Dispositive motions must be filed simultaneously with written consent to magistrate jurisdiction or request for reassignment.

Magistrate Judge Susan van Keulen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibits
Must include: caption ?

The cover page of any exhibit submitted in connection with briefing on a motion must include the exhibit number and the title or brief description of the exhibit (e.g., "Ex. 1 – 1/1/2023 email from Joe Smith to Nancy Jones").

Summary: Exhibit cover pages must include exhibit number and title/description.

Magistrate Judge Susan van Keulen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Discovery letter brief ?

Word versions of the joint chart exhibit and each party's proposed order must also be emailed to svkcrd@cand.uscourts.gov

Summary: Word versions of joint chart exhibit and proposed order must be emailed to chambers.

Magistrate Judge Susan van Keulen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Amended complaint

If a party filed an amended complaint or other amended pleading, they must also file as an exhibit to the pleading a redline version showing what changes have been made to the most-recent version. Self-represented parties are not required to comply with this requirement.

Summary: Amended pleadings must include redline exhibit showing changes; pro se parties exempt.

Magistrate Judge Susan van Keulen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion ?
Must include: ai disclosure ?

The signature of counsel or a self-represented party on any submission containing AI-generated content, including citations generated by AI, constitutes a certification that the signing attorney (or self-represented party) has personally verified the content's accuracy.

Summary: Signature on AI-generated submissions certifies personal verification of accuracy.

Magistrate Judge Susan van Keulen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion ?
Must include: proposed order

If a party wishes to use electronic equipment or other large items (such as bookshelves), the party must file a request and proposed order with the Court no later than 5 days prior to trial. Equipment not provided by the Court must be tested in the courtroom prior to the day when it will be used. Arrangements for such testing may be made with the Courtroom Deputy.

Summary: Electronic equipment must be requested 5 days before trial and tested in courtroom.

Magistrate Judge Susan van Keulen

Machine summary. Not checked yet.CRITICAL?

Applies to: Amended pleading
Must include: caption, judge name, case number ?

If a party files a motion to amend or the Court orders a party to file an amended pleading, that party shall concurrently file a redlined or highlighted version comparing the amended pleading to the prior operative pleading.

Summary: Redlined/highlighted version required with amended pleadings

Magistrate Judge Thomas S. Hixson

Machine summary. Not checked yet.CRITICAL?

Applies to: Exhibit
Must include: caption, judge name, case number ?

All exhibits to motions and/or discovery disputes should be separately filed on ECF. For example, if the motion is Docket No. 30, and the declaration with 10 exhibits is Docket No. 31, Exhibit A would be filed as Docket No. 31-1, Exhibit B would be Docket No. 31-2, and so on. All exhibits shall also be filed in a searchable OCR format where possible.

Summary: Exhibits must be separately filed on ECF in searchable OCR format

Magistrate Judge Thomas S. Hixson

Machine summary. Not checked yet.CRITICAL?

Applies to: Proposed order
Must include: caption, judge name, case number ?

Any proposed order in a case subject to electronic filing shall be emailed in Word format to tshpo@cand.uscourts.gov. This address is to be used only for proposed orders unless otherwise directed by the Court.

Summary: Proposed orders must be emailed in Word format to tshpo@cand.uscourts.gov

Magistrate Judge Thomas S. Hixson

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order
Must include: proposed order

Proposed orders submitted by an e-filing party shall be submitted in Microsoft Word to the following email address: vkdpo@cand.uscourts.gov. This email address shall not be used for any other purpose. Proposed orders are not required for motions filed pursuant to Civil L.R. 7-2, except for motions seeking injunctive relief.

Summary: Proposed orders must be submitted in Word to vkdpo@cand.uscourts.gov, except for Civil L.R. 7-2 motions (except injunctive relief).

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Discovery dispute letter
Must include: notice of electronic filing ?

The joint discovery dispute letter shall be filed using the “Discovery Letter Brief” event under “Motions-General” in the CM/ECF system.

Summary: Discovery dispute letters must be filed using the Discovery Letter Brief event in CM/ECF

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Discovery dispute letter ?
Must include: exhibits

as an attachment to the letter, the specific discovery material at issue, including the responses, if any, to it (e.g., disputed document requests, disputed interrogatories, privilege log, subpoena, deposition excerpt, proposed protective order, etc.); no other exhibits may be attached to the letter, absent leave of Court.

Summary: Discovery dispute letter may only include specific discovery materials as attachments

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Discovery dispute letter
Must include: signature block ?

The joint discovery dispute letter must be signed by lead counsel.

Summary: Discovery dispute letters must be signed by lead counsel

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Sanctions motion ?

Any party seeking an award of attorney fees or other form of sanction under Fed. R. Civ. P. 37 may not use the expedited joint discovery dispute letter procedure described above, but instead must file a motion conforming to the requirements of Civil L.R. 37-4.

Summary: Sanctions motions under Rule 37 must follow Civil L.R. 37-4, not the expedited discovery dispute procedure

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Settlement conference statement

No later than seven days prior to the settlement conference, each party participating in the conference must lodge a Settlement Conference Statement with Judge DeMarchi’s chambers by emailing the statement in text-searchable .pdf format to vkdcrd@cand.uscourts.gov and delivering a hard copy to chambers.

Summary: Settlement Conference Statement must be emailed and delivered to chambers 7 days before conference.

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Confidential settlement letter

No later than seven days prior to the settlement conference, each party participating in the conference must lodge a Confidential Settlement Letter with Judge DeMarchi’s chambers by emailing the letter to vkdcrd@cand.uscourts.gov and delivering a hard copy to chambers.

Summary: Confidential Settlement Letter must be emailed and delivered to chambers 7 days before conference.

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Settlement conference statement ?
Must include: certificate of service ?

Each party must serve a copy of its statement on all other parties participating in the conference.

Summary: Settlement Conference Statement must be served on all other parties.

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.CRITICAL?

Deadline: 14 days before pretrial conference ?
Applies to: Pretrial objections ?
Must include: objections to exhibits, objections to witnesses, objections to jury instructions +3 more ?

At least 14 days prior to the Pretrial Conference, the parties shall serve (but not file) the following materials:

Summary: Parties must serve objections to pretrial materials 14 days before pretrial conference

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.CRITICAL?

Deadline: 21 days before pretrial conference ?
Applies to: Pretrial materials ?

At least 21 days prior to the Pretrial Conference, the parties shall serve (but not file) the following materials:

Summary: Parties must serve pretrial materials 21 days before pretrial conference

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.CRITICAL?

Deadline: 7 days before pretrial conference ?
Applies to: Joint pretrial statement
Must include: joint pretrial statement

At least 7 days prior to the Pretrial Conference, the parties shall file a Joint Pretrial Statement that includes the materials described below

Summary: Parties must file Joint Pretrial Statement 7 days before pretrial conference

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint pretrial statement
Must include: counsel conference ?

Counsel for the parties (and any parties appearing pro se) shall confer in person, by telephone or by videoconference to discuss preparation of the Joint Pretrial Statement sufficiently in advance of the filing deadline to ensure the statement is timely filed.

Summary: Counsel must confer to prepare Joint Pretrial Statement before filing deadline

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint pretrial statement ?
Must include: evidence objections discussion ?

The conference of counsel must include discussion of any objections to evidence (witness testimony, deposition designations, exhibits) that a party proposes to offer at trial.

Summary: Counsel conference must discuss objections to evidence for trial

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint pretrial statement ?

The parties must use a sequential numbering system for exhibits to be offered at trial. Gaps in the sequence are permitted.

Summary: Sequential numbering system required for trial exhibits with gaps permitted.

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint pretrial statement ?

For matters tried to the Court without a jury, each party shall file proposed findings of fact and conclusions of law, with citations as appropriate to evidence proposed to be offered at trial.

Summary: Proposed findings of fact and conclusions of law required for non-jury trials.

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint pretrial statement ?

A list, attached as a separate appendix, identifying each witness the parties intend to call at trial, other than solely for impeachment.

Summary: Witness list required as separate appendix, excluding impeachment witnesses.

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint pretrial statement ?

For any witness testifying by deposition, a table, attached as a separate appendix, identifying by page and line number the specific testimony to be offered at trial, any objections that have not been resolved, and any counter-designations.

Summary: Deposition designation table required as separate appendix with page/line numbers.

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint pretrial statement ?

A list, attached as a separate appendix, of all documents, summaries and other items to be offered as exhibits at trial, other than solely for impeachment.

Summary: Exhibit list required as separate appendix, excluding impeachment exhibits.

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint pretrial statement ?

A set of proposed voir dire questions, attached as a separate appendix, the parties wish the Court to ask, and if the parties do not agree as to all questions, a short statement of their respective positions on which questions should and should not be asked.

Summary: Proposed voir dire questions required as separate appendix for jury trials.

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint pretrial statement ?

A set of proposed substantive instructions, attached as a separate appendix. Each instruction shall begin at the top of a page, and shall include the text of the instruction, followed by its source (e.g. Model Jury Instructions of the Ninth Circuit), the authority supporting the instruction, any unresolved objections, any alternative instruction, and the source of such alternative instruction.

Summary: Proposed jury instructions required as separate appendix with specific formatting for jury trials.

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint pretrial statement ?

The numbering system for trial exhibits must not assign the same exhibit number to multiple different documents and must not assign different exhibit numbers to the same document.

Summary: Exhibit numbering must be unique - no duplicate numbers for different documents or vice versa.

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.CRITICAL?

Applies to: Exhibit list
Must include: notice of electronic filing ?

The parties shall email a copy of their jointly filed Exhibit List and Deposition Designations in Microsoft Word or Excel format to vkdpo@cand.uscourts.gov. The parties shall email a copy of their jointly filed Jury Instructions in Microsoft Word format to vkdpo@cand.uscourts.gov.

Summary: Exhibit List, Deposition Designations, and Jury Instructions must be emailed to vkdpo@cand.uscourts.gov.

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.CRITICAL?

Applies to: Trial exhibit
Must include: exhibit list ?

At least 7 days prior to the Pretrial Conference, the parties shall lodge with the Court all proposed trial exhibits in both paper and electronic form.

Summary: Trial exhibits must be lodged 7 days before Pretrial Conference in paper and electronic form.

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.CRITICAL?

Applies to: Trial exhibit ?
Must include: exhibit list ?

The electronic copies of the exhibits should be provided by delivering electronic media (e.g., thumb drive) to chambers.

Summary: Electronic trial exhibits must be delivered on thumb drive to chambers.

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Witness list ?
Must include: certificate of service ?

At least 35 calendar days prior to the pre-trial conference, unless otherwise ordered, the parties shall lodge and serve a list of all witnesses likely to be called at trial (including those appearing by deposition), other than solely for impeachment or rebuttal, together with a brief statement following each name describing the substance of the testimony to be given (such a statement is not necessary for witnesses that are plaintiffs/defendants). Parties are to limit their descriptions to non-cumulative testimony. No party shall be permitted to call any witness in its case in chief who is not disclosed in its pretrial statement without leave of court for good cause;

Summary: Witness list with descriptions due 35 days before pretrial conference

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit list ?
Must include: certificate of service ?

At least 35 calendar days prior to the pre-trial conference, unless otherwise ordered, the parties shall lodge and serve separate lists of all documents and other items to be offered as exhibits at the trial, other than solely for impeachment or rebuttal, with a brief statement following each, describing its substance or purpose and the identity of the sponsoring witness;

Summary: Exhibit lists with descriptions due 35 days before pretrial conference

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint juror questionnaire
Must include: certificate of service ?

At least 28 calendar days prior to the date for jury selection, unless otherwise ordered, the parties shall file (1) a joint juror questionnaire, (2) a set of proposed voir dire questions, and (3) a joint simplified statement of the case to be included in the questionnaire and read to the jury during voir dire. These submissions should be supplemented as necessary with separate requests. The Court will only ask jurors questions that are reasonably necessary to ensuring an impartial jury, and will seek to avoid asking questions that may unduly infringe on jurors' privacy.

Summary: Joint juror questionnaire, voir dire questions, and case statement due 28 days before jury selection

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint proposed pretrial order ?
Must include: certificate of service ?

At least 21 calendar days prior to the pre-trial conference, unless otherwise ordered, the parties shall lodge and serve a joint proposed pre-trial order, signed and vetted by all counsel, containing the following information:

Summary: Joint proposed pretrial order due 21 days before pretrial conference

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed jury instructions ?
Must include: citation, explanation of disputed instructions ?

At least 7 calendar days prior to the pre-trial conference in a jury trial, unless otherwise ordered, the parties shall file a a joint set of proposed instructions on substantive issues of law. These should be filed in Microsoft Word format on a CD and via e-mail to crbpo@cand.uscourts.gov, and in hard copies (three-hole punched on the left). Even if stipulated, an instruction must be supported by citation. If disputed, each version of the instruction shall be inserted, along with a brief explanation (no more than one page) of why the party believes the instruction is (or is not) appropriate. The Court generally prefers to use the instruction in the current edition of the Ninth Circuit Manual of Model Jury Instructions. Any deviance from the form instruction must be plainly identified.

Summary: Proposed jury instructions must be filed 7 days before pretrial conference in Word format on CD and email, with hard copies.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Special verdict form

At least 7 calendar days prior to the pre-trial conference in a jury trial, unless otherwise ordered, the parties shall file a joint proposed special verdict form.

Summary: Joint proposed special verdict form must be filed 7 days before pretrial conference.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Transcript arrangements ?

Should a daily transcript and/or real-time reporting be desired, the parties shall make arrangements with the Supervisor of Court Reporting Services at Transcripts@cand.uscourts.gov at least ten calendar days prior to the trial date.

Summary: Transcript arrangements must be made 10 days before trial with Court Reporting Services.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Trial schedule ?

Unless otherwise ordered, trial will be held on every business day from 9 a.m. to 4 with two 15-minute breaks and lunch. Counsel must arrive by 8:45 a.m. or earlier, as needed, for any matters to be heard out of the presence of the jury. Please be prepared to start with the jury at 9 a.m.

Summary: Trial schedule: 9 AM to 4 PM daily with breaks; counsel must arrive by 8:45 AM.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Witness list ?
Must include: witness list ?

A witness not included in the pre-trial list may not be used without good cause. This rule does not apply to true rebuttal witnesses (other than experts). Defense witnesses are normally case-in-chief witnesses, not “rebuttal” witnesses.

Summary: Witnesses not on pretrial list require good cause; rebuttal witnesses exempt except experts.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Witness list ?
Must include: witness list ?

Throughout the trial, all counsel are entitled to know a firm order of witnesses for the next full court day and the exhibits that will be used on direct examination (other than for impeachment of an adverse witness). All other counsel shall provide any objections to such exhibits and shall provide a list of all exhibits to be used with the same that the first such notice be provided before trial actually begins.

Summary: Counsel must provide daily witness order and exhibit lists before trial begins.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Witness list ?
Must include: witness list ?

Counsel must always have their next witness ready and in the courthouse. Failure to have the next witness ready or to be prepared to proceed with the evidence will usually constitute resting.

Summary: Counsel must have next witness ready in courthouse; failure may constitute resting.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Expert report
Must include: exhibits

A recurring problem in trials is the problem of expert witnesses trying to go beyond the scope of their expert reports on direct examination. FRCP 26(a)(2) and FRCP 37(c) limit experts to the opinions and bases contained in their timely reports (absent substantial justification or harmlessness). The Court regularly enforces these rules. FRCP 26(a) even requires that any “exhibits to be used as summary of or support for the opinions” be included in the report. Accordingly, at trial, the direct testimony of experts will be limited to the matters disclosed in their reports. Omitted material may not ordinarily be added on direct examination. This means the reports must be complete and sufficiently detailed. Illustrative animations, diagrams, charts and models may be used on direct examination only if they were part to the expert’s report, with the exception of simple drawings and tabulations that plainly illustrate what is already in the report, which can be drawn by the witness at trial or otherwise shown to the jury. If cross-examination fairly “opens the door,” however, an expert may go beyond the written report on cross-examination and/or re-direct examination. By written stipulation, of course, all sides may relax these requirements.

Summary: Expert testimony limited to report scope; exhibits must be in report; cross may open door.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit
Must include: caption ?

Use numbers only, not letters, for exhibits, preferably the same numbers as were used in depositions. Blocks of numbers should be assigned to fit the need of the case (e.g., Plaintiff has 1 to 100, Defendant A has 101 to 200, etc.).

Summary: Use numbers only for exhibits, preferably same as deposition numbers, with blocks assigned to each party.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition
Must include: clean copy, original copy, corrections available ?

On the first day of trial, bring the original and clean copies of any deposition(s) for which you are responsible. Any corrections must be readily available. If you are likely to need to use the deposition during a witness examination, then give the Court a copy with any corrections at the outset of your examination. This will minimize delay between the original question and the read-ins of the impeaching material. Opposing counsel should have their copy immediately available.

Summary: Bring original and clean copies of depositions on first day of trial with corrections readily available.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition
Must include: advance notice ?

Deposition testimony should be provided to all other parties at least five calendar days before it will be used in court. For the rare case of voluminous designations, more lead time will be required. Please be reasonable.

Summary: Provide deposition testimony to all parties at least 5 calendar days before trial use.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition
Must include: photocopy designation, conform exhibit numbers, mark proffered portions +1 more ?

To designate deposition testimony, photocopy the cover page, the page on which the witness is sworn, and each page from which any testimony is proffered, crossing out any portions of such pages not proffered, as well as objections or colloquy (unless needed to understand the question). Please make sure any corrections are interlineated and that references to exhibit numbers conform to the trial numbers.

Summary: Designate deposition testimony by photocopying specific pages and marking proffered portions.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition ?
Must include: review and return, highlight additional blue, highlight objections yellow ?

All other parties must then promptly review and return the packet, highlighting in yellow any passages objected to, and in blue additional

Summary: Other parties must review and return deposition packets with objections highlighted in yellow and additional passages in blue.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit
Must include: caption ?

To avoid any party claiming “ownership” of an exhibit, all exhibits shall be marked and referred to as “Trial Exhibit No. ,” not as “Plaintiff’s Exhibit” or “Defendant’s Exhibit.”

Summary: All exhibits must be referred to as “Trial Exhibit No.” not by party ownership.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Daily time report ?
Must include: daily time report ?

At the end of each day, counsel must confer over the time used and the time remaining for all parties and advise the Court.

Summary: Daily time conference required to report time used and remaining.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Settlement ?
Must include: stipulated dismissal or judgment

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 entry of default judgment.

Summary: Parties must be prepared to proceed unless stipulated dismissal/judgment is filed.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Applies to: Motion
Must include: proposed order ?

Counsel shall submit a proposed form of order with all motion and opposition papers.

Summary: Proposed order required with all motions and opposition papers

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Applies to: Amended pleading

If a party files an amended pleading, it shall concurrently file a redlined version comparing the amended pleading to the prior operative pleading.

Summary: Amended pleadings must include concurrent redlined version comparing to prior pleading.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Applies to: Plea agreement
Must include: guidelines range, appellate rights waiver ?

Plea agreements pursuant to Federal Rule of Criminal Procedure 11(c)(1)(B) must include the following: 1. If the agreement includes a Sentencing Guidelines calculation, then it must also state that the parties agree that the adjusted offense level results in a Guidelines range of ___ to ___ months depending on the defendant's Criminal History Category. 2. If the agreement includes a waiver of appellate rights, it must also reserve the...

Summary: 11(c)(1)(B) plea agreements must include Guidelines range or appellate rights reservation as specified.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint proposed final pretrial order ?

Please do not prepare a joint pretrial conference statement. Nor should counsel invest time on deposition designations or extracts from interrogatories or requests for admissions at the pretrial conference stage. Instead, please file seven calendar days in advance of the final pretrial conference the following:

Summary: Do not prepare joint pretrial conference statement; file joint proposed final pretrial order 7 days before conference instead.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint proposed final pretrial order
Must include: caption, judge name, case number +2 more ?

a. In lieu of preparing a joint pretrial conference statement, the parties shall meet and confer and prepare a joint proposed final pretrial order that contains: (i) a brief description of the substance of claims and defenses which remain to be decided, (ii) a statement of all relief sought, (iii) all stipulated facts, (iv) a list of all factual issues which remain to be tried, (v) a joint exhibit list in numerical order, including a brief description of the exhibit, a column for when it is offered in evidence, a column for when it is received in evidence, and a column for any limitations on its use, and (vi) each party’s separate witness list for its case-in-chief witnesses (including those appearing by deposition) providing, for all such witnesses other than an individual plaintiff and an individual defendant, a short statement of the substance of his/her testimony and, separately, what, if any, non-cumulative testimony the witness will give. If non-cumulative testimony is not spelled out, then the Court will presume the witness is cumulative. For each witness, state an hour/minute time estimate for the direct examination (only).

Summary: Joint proposed final pretrial order must contain specific elements including claims, relief, stipulated facts, factual issues, exhibit list, and witness lists with testimony summaries.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed findings of fact and conclusions of law
Must include: caption, judge name, case number +2 more ?

b. Each side’s proposed findings of fact and conclusions of law. Each party shall file at least 7 days prior to the Pretrial Conference proposed Findings of Fact and Conclusions of Law on all material issues. The Court requests that the parties hyperlink each proposed Finding of Fact to any supporting evidence. Proposed Findings shall be brief, written in plain English, and free of pejorative language, conclusions and argument. Parties shall deliver to Chambers with a label including the name of the case, the case number and a description of the submission

Summary: Each party must file proposed findings of fact and conclusions of law 7 days before pretrial conference with hyperlinks to evidence.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Trial brief
Must include: caption, judge name, case number +2 more ?

c. Each side’s trial brief.

Summary: Each party must file a trial brief.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Witness list ?
Must include: witness list required ?

A witness not included in the pre-trial list may not be used without good cause.

Summary: Witnesses not on pre-trial list require good cause to be used.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Trial exhibit list ?
Must include: exhibit lists required, witness order required ?

Communication with opposing party. Throughout the trial, all counsel are entitled to know a firm order of witnesses for the next full court day and the exhibits that will be used on direct examination (other than for impeachment of an adverse witness). All other counsel shall provide any objections to such exhibits and shall provide a list of all exhibits to be used with the same witness on cross-examination (other than for impeachment). This requires that the first such notice be provided before trial actually begins.

Summary: Counsel must exchange witness order and exhibit lists before trial begins.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Witness availability ?
Must include: witness ready required ?

Counsel must always have their next witness ready and in the courthouse. Failure to have the next witness ready or to be prepared to proceed with the evidence will usually constitute resting.

Summary: Counsel must have next witness ready or risk being deemed to have rested.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition
Must include: clean copies required, corrections available, original copies required ?

On the first day of trial, be sure to bring the original and clean copies of any deposition(s) for which you are responsible. Any corrections must be readily available. If you are likely to need to use the deposition during a witness examination, then give the Court and the witness a copy with any corrections at the outset of the examination.

Summary: Bring original and clean copies of depositions on first day of trial.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition testimony
Must include: advance notice required ?

Summary: Deposition testimony must be provided to all parties at least 5 calendar days before use.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition packet review ?
Must include: explanations required, blue highlighting required, yellow highlighting required +1 more ?

Summary: Opposing parties must review and return deposition packets with specific highlighting.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Final deposition packet ?
Must include: advance notice required, court delivery required ?

Summary: Final deposition packet must be provided to Court at least 2 calendar days before use.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Bench binder
Must include: exhibit list ?

Bench copy: Deposit your exhibits with the deputy clerk (Lashanda Scott) on the first day of trial. A bench binder containing a copy of each side’s exhibits must be provided to the Court on the first day of trial. Each exhibit must be separated with a label divider. Please use 1-1/2-inch binders with locking rings. (Heavier binders are too hard to handle.)

Summary: Provide bench binder with exhibits on first day of trial using 1-1/2-inch binders with locking rings.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit filing ?
Must include: joint certification

Exhibits offered and admitted during trial shall be filed on the docket within ten days of a trial verdict pursuant to Civil Local Rule 5-1 (g). The parties shall file through the exhibits shall be accompanied by a Joint Certification of Counsel that the exhibits are true and correct copies of the exhibits submitted to the trier of fact in the matter.

Summary: Exhibits must be filed on docket within 10 days of verdict with Joint Certification of Counsel.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Witness representation ?

There can only be one lawyer per witness per party for all purposes, including objections.

Summary: Only one lawyer per witness per party allowed for all purposes.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Discovery letter brief
Must include: joint letter

the parties shall prepare a joint letter of not more than eight (8) pages explaining the dispute. Up to twelve (12) pages of attachments may be added. The joint letter must be electronically filed under the Civil Events category of “Motions and Related Filings > Motions--General > Discovery Letter Brief.”

Summary: Discovery disputes require joint letter (max 8 pages) with up to 12 pages of attachments, filed under specific ECF category.

Senior Judge Claudia Wilken

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Witness list ?
Must include: witness list ?

No party shall be permitted to call any witness in its case-in-chief who is not disclosed in its pretrial statement without leave of Court for good cause shown.

Summary: Witnesses not on the witness list require court leave for good cause.

Senior Judge Claudia Wilken

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Pretrial preparation ?
Must include: exchange without filing ?

Not less than twenty-eight (28) days prior to the pretrial conference, counsel shall exchange (but not file or lodge) the papers described in Civil L.R. 16-10(b)(7),(8),(9), and (10), and their motions in limine.

Summary: Exchange papers 28 days before pretrial conference without filing.

Senior Judge Claudia Wilken

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Pretrial conference statement
Must include: joint statement ?

Not less than fourteen (14) days prior to the pretrial conference, counsel shall submit the following: (a) Pretrial Conference Statement. The parties shall file a joint pretrial conference statement containing the following information:

Summary: 14-day deadline to file joint pretrial conference statement.

Senior Judge Claudia Wilken

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit list
Must include: exhibit list

No party shall be permitted to offer any exhibit in its case-in-chief that is not disclosed in its exhibit list without leave of the Court for good cause shown.

Summary: Exhibits not on the exhibit list require court leave for good cause.

Senior Judge Claudia Wilken

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed findings conclusions ?
Must include: notice of electronic filing ?

The parties shall email to cwpo@cand.uscourts.gov a copy of their proposed findings of fact and conclusions of law in WordPerfect or Word format. The subject of the email should include the name of the case, the case number and a description of the document.

Summary: Proposed findings of fact and conclusions of law must be emailed to cwpo@cand.uscourts.gov in WordPerfect or Word format with specific subject line.

Senior Judge Claudia Wilken

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Jury instructions
Must include: notice of electronic filing ?

The parties shall email to cwpo@cand.uscourts.gov a copy of their proposed jury instructions in WordPerfect or Word format. The subject of the email should include the case name, the case number and a description of the document.

Summary: Proposed jury instructions must be emailed to cwpo@cand.uscourts.gov in WordPerfect or Word format with specific subject line.

Senior Judge Claudia Wilken

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed findings conclusions ?

The Court requests that the parties hyperlink each proposed Finding of Fact to any supporting evidence.

Summary: Proposed findings of fact must be hyperlinked to supporting evidence.

Senior Judge Claudia Wilken

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Jury instructions ?

The instructions shall be ordered in a logical sequence, together with a table of contents.

Summary: Proposed jury instructions must include a table of contents and be in logical sequence.

Senior Judge Claudia Wilken

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Jury instructions ?

Argument and authority for and against each disputed instruction shall be included as part of the joint submission, on separate pages

Summary: Disputed jury instructions must include argument and authority on separate pages.

Senior Judge Claudia Wilken

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion for summary judgment
Must include: timing requirement ?

If Plaintiffs wish to file a motion for summary judgment, they shall do so six (6) weeks before the cut-off date.

Summary: Plaintiffs must file summary judgment motions 6 weeks before cut-off date.

Senior Judge Claudia Wilken

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion for summary judgment
Must include: timing requirement ?

If Plaintiffs do not file a motion for summary judgment, Defendants may file one five (5) weeks before the case-dispositive motion hearing cut-off date and the schedule in Local Rule 7-3 shall apply.

Summary: Defendants may file summary judgment 5 weeks before cut-off if no Plaintiff motion.

Senior Judge Claudia Wilken

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion
Must include: hearing date awareness ?

Civil motion calendar is conducted on Wednesdays at 2:30 p.m. Parties need not reserve a hearing date for civil motions; however, parties must check the legal newspapers or the Court's website at www.cand.uscourts.gov for unavailable dates.

Summary: Civil motions heard Wednesdays at 2:30 PM; check website for unavailable dates.

Senior Judge Claudia Wilken

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Case management conference
Must include: timing requirement ?

A Further Case Management Conference will be held on the case-dispositive motion hearing cut-off date, whether or not dispositive motions are filed.

Summary: Case management conference held on cut-off date regardless of motions filed.

Senior Judge Claudia Wilken

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Pretrial preparation ?
Must include: exchange without filing ?

Summary: Exchange papers 28 days before pretrial conference without filing.

Senior Judge Claudia Wilken

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Pretrial conference statement
Must include: joint statement ?

Summary: Joint pretrial conference statement required 14 days before pretrial conference.

Senior Judge Claudia Wilken

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Pretrial statement ?
Must include: exhibit list

No party shall be permitted to offer any exhibit in its case-in-chief that is not disclosed in its exhibit list without leave of the Court for good cause shown.

Summary: Exhibits not on pretrial list require court permission

Senior Judge Claudia Wilken

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Pretrial statement
Must include: witness list ?

No party shall be permitted to call any witness in its case-in-chief who is not disclosed in its pretrial statement without leave of Court for good cause shown.

Summary: Witnesses not on pretrial list require court permission

Senior Judge Claudia Wilken

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed jury instructions
Must include: notice of electronic filing ?

Summary: Proposed jury instructions must be emailed to cwpo@cand.uscourts.gov in WordPerfect or Word format with specific subject line.

Senior Judge Claudia Wilken

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed findings of fact conclusions of law ?
Must include: notice of electronic filing ?

Summary: Proposed findings of fact and conclusions of law must be emailed to cwpo@cand.uscourts.gov in WordPerfect or Word format with specific subject line.

Senior Judge Claudia Wilken

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed findings of fact conclusions of law ?

The Court requests that the parties hyperlink each proposed Finding of Fact to any supporting evidence.

Summary: Proposed findings of fact must be hyperlinked to supporting evidence.

Senior Judge Claudia Wilken

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion
Must include: local rule certificate ?

All motions filed after September 1, 2022, must conform to this Order. Failure to comply with any rule or standing order may be grounds for the imposition of sanctions when appropriate.

Summary: All motions filed after September 1, 2022 must comply with this standing order.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Letter

Judge Davila does not review or respond to letters or letter briefs providing case information or seeking relief from the Court even if the letter is filed on the docket. All requests requiring the Court to take action shall be made either by Stipulation and Proposed Order or by appropriate motion filed pursuant to the Civil Local Rules.

Summary: Letters seeking relief are not reviewed; use stipulation/proposed order or motion instead.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Amended complaint

All amended complaints shall attach as an exhibit a red-line document showing the changes made to the previously filed complaint.

Summary: Amended complaints must include a red-line document showing changes.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion

Proposed orders are not necessary for most substantive motions, such as motions for summary judgment and motions to dismiss. The parties should only file proposed orders in connection with administrative motions, ex parte applications, and motions that ask the Court to order specific injunctive relief (e.g., a motion for a preliminary injunction or an application for a temporary restraining order) or to make factual findings (e.g., a motion to approve a class settlement or a motion for attorneys’ fees). All proposed orders should be sent in Microsoft Word format to ejdpo@cand.uscourts.gov.

Summary: Proposed orders not needed for most motions; required for administrative/injunctive motions; send to ejdpo@cand.uscourts.gov.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint case management conference statement
Must include: judge name, case number ?

Civil Case Management Conferences are heard on Thursdays at 10:00 a.m. The parties shall file a Joint Case Management Conference Statement at least 10 days prior to the Case Management Conference unless the filing of separate statements is authorized by Civil Local Rule 16-9(a).

Summary: Joint Case Management Conference Statement due 10 days before CMC on Thursdays at 10:00 a.m.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint final pretrial conference statement
Must include: judge name, case number ?

No later than 14 days before the Final Pretrial Conference, the parties shall file and serve a Joint Final Pretrial Conference Statement containing the following information:

Summary: Joint Final Pretrial Conference Statement due 14 days before FPTC.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint witness list
Must include: judge name, case number ?

No later than 14 days before the Final Pretrial Conference, the parties shall file a Joint Witness List which contains a list of witnesses likely to be called at trial, other than solely for impeachment or rebuttal, together with a brief statement following each name describing the substance of the testimony to be given.

Summary: Joint Witness List must be filed 14 days before Final Pretrial Conference.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint exhibit list
Must include: judge name, case number ?

No later than 14 days before the Final Pretrial Conference, the parties shall exchange copies of all exhibits, summaries, and diagrams to be used at trial other than solely for impeachment or rebuttal and shall file a Joint Exhibit List which contains a list of all documents and other items to be offered as exhibits at trial, other than solely for impeachment or rebuttal, along with a brief statement for each describing its substance or purpose and the identity of the offering party.

Summary: Joint Exhibit List must be filed 14 days before Final Pretrial Conference.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Trial exhibits ?
Must include: judge name, case number ?

No later than 7 days before the commencement of trial, unless otherwise ordered, the parties shall deliver three sets of all pre-marked exhibits organized in three-ring binders to Judge Davila's Courtroom Deputy.

Summary: Three sets of trial exhibits must be delivered 7 days before trial.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition designations ?
Must include: judge name, case number ?

No later than 14 days before the Final Pretrial Conference, unless otherwise ordered, the parties shall file and serve any excerpts of deposition testimony or other discovery to be offered at trial, other than solely for impeachment or rebuttal.

Summary: Deposition and discovery designations must be filed 14 days before Final Pretrial Conference.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Expert objections ?
Must include: judge name, case number ?

Any objections to the use of designated experts and any counter-designations or deposition testimony shall be filed and served no later than 10 days prior to the commencement of trial.

Summary: Objections to expert designations must be filed 10 days before trial.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Jury materials ?
Must include: judge name, case number ?

No later than 10 days before the Final Pretrial Conference, unless otherwise ordered, the parties shall jointly file and serve: Proposed jury voir dire questions; Proposed jury instructions; Proposed jury verdict forms; and A short neutral statement of the case which the Court can read to prospective jurors.

Summary: Jury materials must be jointly filed 10 days before Final Pretrial Conference.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Jury instructions
Must include: notice of electronic filing ?

Sets of proposed jury instructions shall be submitted both on paper and in Microsoft Word format to Judge Davila’s Courtroom Deputy at ejdcrd@cand.uscourts.gov.

Summary: Proposed jury instructions must be submitted in paper and Word format to Courtroom Deputy.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed findings conclusions ?
Must include: notice of electronic filing ?

Proposed Findings of Fact and Conclusions of Law shall be submitted both on paper and in Microsoft Word format to Judge Davila’s Courtroom Deputy at ejdcrd@cand.uscourts.gov.

Summary: Proposed Findings of Fact and Conclusions of Law must be submitted in paper and Word format to Courtroom Deputy.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed findings conclusions ?

The findings of fact shall set forth in simple separately-numbered declarative sentences all factual contentions relied upon by the party in support of its claims or defenses and shall be free from pejorative language and argument.

Summary: Findings of fact must be in simple numbered declarative sentences without pejorative language.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed findings conclusions ?

Conclusions of law shall be supported by appropriate citation to legal authority.

Summary: Conclusions of law must be supported by appropriate legal citations.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Notice of settlement
Must include: caption, case number, signature blocks ?

The parties shall immediately notify the Court of the settlement of any action by filing a Notice of Settlement which provides an estimate of when the parties expect the action will be finally resolved through stipulated dismissal or otherwise. All parties subject to the settlement or their attorneys shall sign the Notice of Settlement.

Summary: Notice of Settlement must be filed immediately with signatures from all parties or attorneys.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Notice of settlement
Must include: notice of electronic filing ?

For settlements that occur after the Final Pretrial Conference and prior to the commencement of trial, the parties shall immediately file a Notice of Settlement and e-mail a copy of the notice to Judge Davila’s Courtroom Deputy at ejdcrd@cand.uscourts.gov. Jury costs may be assessed for failure to timely file a Notice of Settlement.

Summary: Settlement after Final Pretrial Conference requires Notice of Settlement and email to Courtroom Deputy.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Administrative request telephonic appearance ?
Must include: proposed order, certificate of service ?

Parties wishing to appear by telephone or via Zoom shall file and serve an Administrative Request to Appear Telephonically or via Zoom and Proposed Order at least one week prior to the scheduled hearing date.

Summary: Administrative Request to Appear Telephonically or via Zoom must be filed one week before hearing.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion
Must include: local rule certificate ?

Format: All Motions for Summary Judgment, Partial Summary Judgment or Summary Adjudication must comply with the requirements of this Standing Order in addition to any requirements or limitations described in the Federal Rules of Civil Procedure and Civil Local Rules. Any non-compliant motion may be summarily terminated by the Court.

Summary: Summary judgment motions must comply with standing order and may be terminated if non-compliant.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion ?

Moving Separate Statement: Any party moving for summary judgment, partial summary judgment or summary adjudication must include a separate, short and concise statement identifying each claim or defense to which the moving party contends there is no genuine issue to be tried.

Summary: Moving party must include separate statement identifying claims with no genuine issues.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion ?

For each claim, defense, or part thereof, the Moving Separate Statement must (a) identify the relevant elements or issues, (b) list the asserted material facts establishing those elements or issues, and (c) cite to record evidence demonstrating that the asserted material facts are undisputed (e.g., deposition testimony, declaration or discovery response).

Summary: Moving separate statement must identify elements, list material facts, and cite undisputed evidence.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion ?
Must include: separate statement

Upon filing, the moving party shall provide the Moving Separate Statement to all other parties in an electronic, word-processing format for ease of response thereto.

Summary: Moving party must provide separate statement to other parties in electronic format.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Opposition ?

Responsive Separate Statement: The papers opposing a Motion for Summary Judgment, Partial Summary Judgment or Summary Adjudication must include one Responsive Separate Statement which (a) incorporates the Moving Separate Statement, (b) indicates whether each of the facts listed in the Moving Separate Statement is disputed or undisputed, and (c) identifies any additional material facts the party contends will establish a genuine issue to be tried.

Summary: Opposing party must include responsive separate statement incorporating moving statement and indicating disputed facts.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Opposition ?

If the opposing party contends that a fact is in dispute, the opposing party must cite to evidence in the record establishing the dispute.

Summary: Opposing party must cite evidence when disputing facts in responsive separate statement.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Applies to: Standing order
Must include: certificate of service, local rule certificate ?

Parties and counsel shall comply with all aspects of this Standing Order, the Standing Order for Civil Cases, the Federal Rules of Civil Procedure, the Civil and Patent Local Rules, and all General Orders of the Northern District of California.

Summary: Parties must comply with this Standing Order and all related court rules and orders.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint claim construction statement ?

Any disputed terms, phrases, and clauses (hereinafter, for simplicity, 'terms') shall be designated as disputed; all other terms shall be presumed undisputed.

Summary: Terms must be designated as disputed or presumed undisputed in joint claim construction statement.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint claim construction statement ?

For any term in dispute, the parties must agree on the identity of the term.

Summary: Parties must agree on the identity of disputed terms.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint claim construction statement ?

With regard to disputed terms, the joint statement shall list each term, each party's proposed construction, and support for each party's construction side by side.

Summary: Joint statement must list disputed terms with each party's proposed construction and support side by side.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint claim construction statement
Must include: exhibit list ?

Parties shall attach to the joint claim construction statement one copy of each patent in dispute.

Summary: One copy of each patent in dispute must be attached to the joint claim construction statement.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Applies to: Claim construction brief ?

As an initial matter, the Court will construe only those terms designated by the parties as 'most significant' pursuant to Patent L.R. 4-3(c).

Summary: Court will initially construe only terms designated as 'most significant' by parties.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Applies to: Claim construction brief

The claim construction briefs shall address each of those terms and only those terms.

Summary: Claim construction briefs must address only the 'most significant' terms.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Applies to: Exhibits
Must include: exhibit list ?

No later than one week prior to the tutorial and/or claim construction hearing, counsel shall exchange copies of any exhibits and visual aids, and shall submit to the Court three bound copies of the exhibits and visual aids.

Summary: Exchange exhibits/visual aids one week before hearing; submit 3 bound copies to Court.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint case management statement
Must include: judge name, case number ?

In a joint case management statement to be filed no later than 7 days before the conference, the parties must address the following topics:

Summary: Joint case management statement due 7 days before conference.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.CRITICAL?

Applies to: Declaration
Must include: caption ?

All declarations shall be filed as separate documents. This includes motions and declarations e-filed with the Court. Supporting declarations must be filed as separate documents.

Summary: Declarations must be filed as separate documents from motions.

Senior Judge Edward M. Chen

Machine summary. Not checked yet.CRITICAL?

Applies to: Communication
Must include: caption ?

With the exception of discovery disputes (see the Civil Standing Orders on Discovery), or unless expressly permitted by the Court, parties shall not submit letters to the Court, and any communication with the Court must be in pleading form, including but not limited to status reports, requests for continuances, and requests for telephonic appearances.

Summary: Letters to the court are prohibited except for discovery disputes or with court permission; all communications must be in pleading form.

Senior Judge Edward M. Chen

Machine summary. Not checked yet.CRITICAL?

Applies to: Summary judgment motion ?
Must include: caption ?

Separate statements of undisputed facts will not be considered by the Court.

Summary: Separate statements of undisputed facts will not be considered.

Senior Judge Edward M. Chen

Machine summary. Not checked yet.CRITICAL?

Applies to: Complaint
Must include: chart of statements ?

Where a plaintiff files a federal securities fraud case, the plaintiff shall attach to its complaint a chart regarding any allegedly fraudulent/misleading statement(s) or omission(s).

Summary: Plaintiffs in federal securities fraud cases must attach a chart of allegedly fraudulent statements or omissions to the complaint.

Senior Judge Edward M. Chen

Machine summary. Not checked yet.CRITICAL?

Applies to: Motion

In any motion for class certification, plaintiffs' counsel must include a section called 'Manageability of the Class Action Trial' in which they explain precisely how the Court should handle any potentially individualized issues to ensure that they do not render the trial unmanageable.

Summary: Plaintiffs' counsel must include a 'Manageability of the Class Action Trial' section in class certification motions.

Senior Judge Edward M. Chen

Machine summary. Not checked yet.CRITICAL?

Applies to: Motion
Must include: proposed verdict form

plaintiffs' counsel must file a proposed verdict form in connection with the motion for class certification.

Summary: Plaintiffs' counsel must file a proposed verdict form with class certification motions.

Senior Judge Edward M. Chen

Machine summary. Not checked yet.CRITICAL?

Applies to: Motion
Must include: proposed order

Summary: Each party filing or opposing a motion must serve a proposed order with the motion or opposition.

Senior Judge Edward M. Chen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial conference statement
Must include: caption, judge name, case number ?

At least twenty-one (21) days prior to the final pretrial conference, the parties shall file a joint pretrial conference statement.

Summary: Joint pretrial conference statement due 21 days before final pretrial conference

Senior Judge Edward M. Chen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial conference statement ?
Must include: caption, judge name, case number ?

The statement shall contain the following information:

Summary: Joint pretrial conference statement must contain specific information

Senior Judge Edward M. Chen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial conference statement ?
Must include: caption, judge name, case number ?

The Action. a. Substance of the Action. A brief description of the substance of claims and defenses which need to be decided.

Summary: Joint pretrial statement must include brief description of claims and defenses

Senior Judge Edward M. Chen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial conference statement ?
Must include: caption, judge name, case number ?

b. Relief Prayed. A statement of all relief sought, particularly itemizing all elements of damages claimed.

Summary: Joint pretrial statement must itemize all relief and damages sought

Senior Judge Edward M. Chen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial conference statement ?
Must include: caption, judge name, case number ?

Factual Basis of the Action. a. Undisputed Facts. A list of all stipulated facts, i.e., all facts parties to which the parties will stipulate to for incorporation into the trial record without the necessity of supporting testimony or exhibits.

Summary: Joint pretrial statement must list all stipulated undisputed facts

Senior Judge Edward M. Chen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial conference statement ?
Must include: caption, judge name, case number ?

b. Disputed Factual Issues. A list of all factual issues that remain to be tried, stating the issues with the same generality/specificity as any contested elements in the relevant jury instructions and organized by counts.

Summary: Joint pretrial statement must list disputed factual issues organized by counts

Senior Judge Edward M. Chen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial conference statement ?
Must include: caption, judge name, case number ?

Estimate of Trial Time. An estimate of the number of hours needed for the presentation of each party's case.

Summary: Joint pretrial statement must include trial time estimates for each party

Senior Judge Edward M. Chen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial conference statement ?
Must include: caption, judge name, case number ?

Trial Alternatives and Options. a. Settlement Discussion. A statement summarizing the status of settlement negotiations and indicating whether further negotiations are likely to be productive.

Summary: Joint pretrial statement must summarize settlement negotiation status

Senior Judge Edward M. Chen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial conference statement ?
Must include: caption, judge name, case number ?

b. Consent to Trial Before a Magistrate Judge. A statement whether reference of all or part of the action to a master or magistrate judge is feasible, including whether the parties consent to a court or jury trial before a magistrate judge, with appeal directly to the Ninth Circuit.

Summary: Joint pretrial statement must address magistrate judge consent and feasibility

Senior Judge Edward M. Chen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial conference statement ?
Must include: caption, judge name, case number ?

c. Amendments or Dismissals. A statement of requested or proposed amendments to pleadings or dismissals of parties, claims, or defenses.

Summary: Joint pretrial statement must address proposed amendments or dismissals

Senior Judge Edward M. Chen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial conference statement ?
Must include: caption, judge name, case number ?

d. Bifurcation or Separate Trial of Issues. A statement of whether bifurcation or a separate trial of specific issues is feasible and desired.

Summary: Joint pretrial statement must address bifurcation or separate trial of issues

Senior Judge Edward M. Chen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial conference statement
Must include: caption, judge name, case number ?

Witnesses. The following information should be provided as an appendix to the joint pretrial conference statement. For each party, a list of all witnesses likely to be called at trial, including those appearing by deposition. For each witness, there should be a short statement of the substance of his or her testimony and an estimate regarding the length of testimony (including direct and cross-examination). If the witness is an expert witness, the short statement should

Summary: Joint pretrial statement must include witness list with testimony substance and length estimates

Senior Judge Edward M. Chen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Discovery letter brief
Must include: notice of electronic filing ?

Discovery letter briefs must be e-filed under the Civil Events category of Motions and Related Filings > Motions – General > “Discovery Letter Brief.”

Summary: Discovery letter briefs must be e-filed in specific ECF category.

Senior Judge Edward M. Chen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Discovery letter brief ?
Must include: certificate of conference ?

The joint letter brief: a. Must attest that, prior to filing the request for relief, counsel with full and complete authority on discovery matters met and conferred in person. A telephone meet and confer is permitted only where there is good cause (e.g., plaintiff’s counsel is located on the West coast while defense counsel is located

Summary: Joint letter brief must attest to in-person meet and confer (phone only with good cause).

Senior Judge Edward M. Chen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Document production response ?
Must include: certificate of service ?

Summary: Document production responses must affirmatively state extent of production and confirm completion after diligent search.

Senior Judge Edward M. Chen

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Standing order
Must include: certificate of service ?

Service of Standing Orders. Plaintiff (or in the case of removed cases, any removing defendant) is directed (a) to serve copies of this standing order at once upon all parties to the action, and upon those subsequently joined, in accordance with the provisions of Federal Rules of Civil Procedure 4 and 5 and (b) to file with the Clerk of the Court a certificate reflecting such service, in accordance with Civil Local Rule 5-5.

Summary: Plaintiff/removing defendant must serve standing orders to all parties and file certificate of service.

Senior Judge Edward M. Chen

Machine summary. Not checked yet.CRITICAL?

Applies to: Claim construction brief

Claim construction briefs shall address each disputed term, but only those that are truly disputed, following the order of the joint statement.

Summary: Claim construction briefs must address only truly disputed terms in joint statement order.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Applies to: Reply brief

At the time of filing the reply briefs, the parties shall file an amended, final joint claim construction statement, including only the remaining disputed terms, phrases, and clauses.

Summary: Amended final joint claim construction statement required when filing reply briefs.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Applies to: Claim construction hearing ?

Demonstrative exhibits and visual aids are permissible at the hearing as long as they are based on information contained in the papers already filed. Counsel shall exchange copies of exhibits no later than forty-eight hours prior to the hearing.

Summary: Demonstrative exhibits permitted if based on filed papers; exhibits exchanged 48 hours before hearing.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Applies to: Protective order
Must include: local rule certificate ?

All stipulated protective orders and filings shall comply with Civil Local Rule 79-5.

Summary: Protective orders must comply with Civil Local Rule 79-5.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Ex parte application

If a defendant files an ex parte application for document subpoena(s), pursuant to Federal Rule of Criminal Procedure 17(c), the defendant is required to demonstrate that proceeding ex parte is “necessary to preserve the defendant’s overriding constitutional rights” because to do otherwise would “reveal[] his trial strategy.” See United States v. Tomison, 969 F. Supp. 587, 595 (E.D. Cal. 1997). In addition, the defendant is required to show that the information sought is: (1) relevant; (2) admissible; and (3) specifically identified. United States v. Nixon, 418 U.S. 683, 700 (1974). If the defendant seeks production in advance of trial, they are required to demonstrate good cause for advance production. See id. If the defendant is able to make the requisite showing above, Rule 17(c) requires production of the documents to the Court, not to the defendant. The Court will review the materials to determine whether they are responsive to the subpoena(s). Following the Court’s determination, both parties will be entitled to inspect the responsive materials unless defendant is able to demonstrate an overriding need for confidentiality. See Tomison, 969 F. Supp. at 597. The Court will deny any application that does not meet the required showing, and it will indicate if the ruling is with or without prejudice to renewing the request.

Summary: Ex parte Rule 17(c) subpoena applications must demonstrate necessity for ex parte proceedings, relevance, admissibility, specific identification, and good cause for advance production; documents produced to Court first.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Proposed final pretrial order

In lieu of preparing a joint pretrial conference statement, the parties shall meet and confer in person and prepare a jointly signed proposed final pretrial order fourteen (14) days in advance of the Final Pretrial Conference. In addition to the matters set forth in Northern District Criminal Local Rule 17.1-1(b), this joint pretrial conference order should contain: (i) a brief description of the substance of the case; (ii) if appropriate, all stipulated facts; (iii) a joint exhibit list in numerical order, including a brief description of the exhibit and Bates numbers, a blank column for when it will be offered into evidence, a blank column for when it may be received into evidence, and a blank column for any limitations on its use; and (iv) each party’s separate witness list for its case-in-chief witnesses (see N.D. Crim. L.R. 17.1-1(b)(9)). Items (ii) and (iii) should be appendices to the proposed order. The proposed order should also state which issues, if any, are for the Court to decide, rather than the jury.

Summary: Parties must meet and confer and file a proposed final pretrial order 14 days before the Final Pretrial Conference, containing case description, stipulated facts, joint exhibit list, witness lists, and issues for the Court.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Case management statement
Must include: joint statement ?

Joint case management statements are required and must be filed seven (7) days in advance of the case management conference date.

Summary: Joint case management statements required 7 days before conference.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Declaration
Must include: separate document

All declarations shall be filed as separate documents.

Summary: Declarations must be filed as separate documents.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Brief
Must include: evidentiary objections

Except for objections to requests for judicial notice or evidence submitted with a reply brief, all evidentiary objections to evidence submitted shall be contained in the parties' briefs.

Summary: Evidentiary objections must be in briefs except for judicial notice or reply brief evidence.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion
Must include: proposed order

Each party filing or opposing a motion shall also electronically file and serve a proposed order that sets forth the relief or action sought and a short statement of the rationale of decision, including citation of authority, that the party requests the Court to adopt.

Summary: Proposed order required with each motion.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed order

A word version of the proposed order should be sent to jswpo@cand.uscourts.gov.

Summary: Word version of proposed order must be emailed to jswpo@cand.uscourts.gov.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Standing orders
Must include: certificate of service ?

Plaintiff (or in the case of removed cases, any removing defendant) is directed to serve copies of these standing orders at once upon all parties to their action, and upon those subsequently joined, in accordance with the provisions of Federal Rules of Civil Procedure, Rules 4 and 5, and to file with the Clerk of the Court a certificate reflecting such service, in accordance with Civil Local Rule 5-6(a).

Summary: Standing orders must be served on all parties and certificate of service filed.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition ?
Must include: certificate of service ?

Documents shall be referred to by the Bates-stamp number assigned by the document depository.

Summary: Documents must be referred to by Bates-stamp number.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition
Must include: certificate of service ?

Counsel shall comply with Federal Rule of Civil Procedure 30(c)(2). Deposition objections may be made as to privilege or may be made only where required in order to preserve the objection.

Summary: Objections limited to privilege or preservation of objection.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition ?
Must include: certificate of service ?

Speaking objections or those calculated to coach the deponent are prohibited.

Summary: Speaking objections and coaching prohibited.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition ?
Must include: certificate of service ?

A person may instruct a deponent not to answer a question only when necessary to preserve a privilege, to enforce a limitation directed by the Court, or to present a motion under Federal Rule of Civil Procedure 30(d)(3).

Summary: Instructions not to answer limited to privilege, court order, or Rule 30(d)(3) motion.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition
Must include: certificate of service ?

Extra copies of documents used during the deposition should ordinarily be provided to opposing counsel and the deponent.

Summary: Extra copies of documents must be provided to opposing counsel and deponent.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition ?
Must include: certificate of service ?

Deponents should be shown a document before being examined about it except when counsel seek to impeach or test the deponent's recollection.

Summary: Deponents must be shown documents before examination, except for impeachment.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed final pretrial order ?

This joint pretrial conference order should contain: (i) a brief description of the substance of claims and defenses which remain to be decided; (ii) a statement of all relief sought; (iii) all stipulated facts; (iv) a list of all factual issues that remain to be tried, organized by claims; (v) a joint exhibit list in numerical order, including a brief description of the exhibit and Bates numbers, a blank column for when it will be offered into evidence, a blank column for when it may be received into evidence, and a blank column for any limitations on its use; and (vi) each party's separate witness list for its case-in-chief witnesses (including those appearing by deposition) providing, for all such witnesses other than an individual plaintiff and an individual defendant, a short statement of the substance of his/her testimony and, separately, what, if any, non-cumulative testimony the witness will offer. If non-cumulative testimony is not detailed, the Court will presume the witness is cumulative. For each witness, state an hour/minute time estimate for direct and for cross examination. The Court uses this information to estimate the time limits to be allocated for trial. Items (v) and (vi) should be appendices to the proposed order. The proposed order should also state which issues, if any, are for the Court to decide, rather than the jury.

Summary: Proposed final pretrial order must contain specific content including claims, relief, stipulated facts, factual issues, exhibit list, witness list, and issues for court vs. jury.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed jury instructions ?

A joint set of proposed instructions on substantive issues of law arranged in a logical sequence. If undisputed, an instruction shall be identified as 'Stipulated Instruction No. __ Re __.' If a model instruction includes bracketed language or blanks, the parties must provide the Court with the appropriate language from the brackets and the blanks shall be completed. Even if stipulated, the instruction shall be supported by citation. If disputed, each version of the instruction shall be submitted together in their logical place in the overall sequence. Each such disputed instruction shall be identified as, for example, 'Disputed Instruction No. __ Re __ Offered by __:' with all blanks or bracketed language filled in as appropriate. All disputed versions of the same basic instruction shall bear the same number. Citations with pin cites are required. If the parties modify a form instruction, they must clearly identify those modifications in bold font or in italics. If a party does not have a counter version and simply contends that no such instruction in any version should be given, then that party should so state (and explain why in the separate memoranda required by paragraph 2(b)) on a separate page inserted in lieu of an alternate version.

Summary: Joint proposed jury instructions must follow specific formatting and identification rules for stipulated and disputed instructions.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Disputed instruction memorandum ?

To the extent they are unable to resolve their disputes, the Court requires complete briefing on disputed instructions. Thus, a party supporting an instruction must submit a separate memorandum of law in support of its disputed instructions, organized by instruction number. Counsel shall quote exact, controlling passages from the authorities. The party opposing a given instruction, or instructions, must include a responsive brief to the supporting party's memorandum, organized by instruction number and also shall quote exact, controlling passages from the authorities.

Summary: Disputed jury instructions require a supporting memorandum and a responsive brief, both organized by instruction number and quoting controlling authorities.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed voir dire questions

A joint set of proposed voir dire questions supplemented only if necessary by separate requests and for good cause shown.

Summary: Joint proposed voir dire questions must be filed; separate requests only for good cause.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition excerpts with objections ?

Excerpts of any deposition designations that are to be used in a parties' case-in-chief as to which there are objections. The parties should include with these excerpts the basis for the objection and the response thereto. If the parties do not have objections to deposition designations, they should follow the procedures set forth in Paragraph 29.

Summary: Deposition designations with objections must be filed as excerpts with basis for objection and response.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Interrogatory admission excerpts with objections ?

Excerpts of responses to interrogatories and requests for admissions that are to be used in a party's case-in-chief as to which there are objections. The parties should include with these excerpts the basis for the objection and the response thereto. If the parties do not have objections to responses to interrogatories or requests for admissions, they should follow the procedures set forth in Paragraph 30.

Summary: Interrogatory and admission responses with objections must be filed as excerpts with basis for objection and response.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit index ?
Must include: exhibit list ?

Before the case goes to the jury, counsel shall prepare an easy-to-read index of admitted exhibits, which should include all exhibits actually in evidence (and no others) stating the exhibit number and a brief, non-argumentative description.

Summary: Counsel must prepare an index of admitted exhibits with exhibit numbers and brief descriptions before the case goes to the jury.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Request for relief ?
Must include: proposed order

If the parties are requesting relief from the Court, they must electronically file a proposed order with the request.

Summary: A proposed order must be electronically filed with any request for relief.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed final pretrial order ?

Summary: Proposed final pretrial order must contain specific content: description of claims/defenses, relief sought, stipulated facts, factual issues, joint exhibit list, and witness lists with time estimates.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Bench binder
Must include: exhibit list ?

In general, the Court requires one set of bench binders that contain copies of the exhibits. Counsel shall provide these binders to the Court on the first day of trial. Each exhibit must be separated with a label divider. In large letters, the labels should identify the range of exhibit numbers contained in a binder.

Summary: Counsel must provide one set of bench binders with labeled exhibit dividers to the Court on the first day of trial.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit index ?
Must include: exhibit list ?

Before the closing arguments, counsel must confer with the deputy clerk to make sure the exhibits in evidence are in good order. Before the case goes to the Court, counsel shall prepare an easy to read index of admitted exhibits, which should include all exhibits actually in evidence (and no others) stating the exhibit number and a brief, non-argumentative description (e.g., letter from A. B. Case to D. E. Frank, dated August 17, 1999).

Summary: Before closing arguments, counsel must confer with the deputy clerk and prepare an index of admitted exhibits.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Motion ?
Must include: proposed order

If the parties are requesting relief from the Court, they must electronically file a proposed order with the request.

Summary: Parties requesting relief must electronically file a proposed order with the request.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.CRITICAL?

Applies to: Motion
Must include: proposed order

Each party filing or opposing a motion shall also serve and file a proposed order setting forth the relief or action sought and a short statement of the rationale of decision, including citation of authority, that the party requests the Court to adopt.

Summary: Proposed order required with each motion, including relief sought and rationale with citations

Senior Judge Maxine M. Chesney

Machine summary. Not checked yet.CRITICAL?

Applies to: Motion
Must include: proposed order

Summary: Parties filing or opposing a motion must submit a proposed order with relief sought and rationale including legal authority.

Senior Judge Maxine M. Chesney

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint letter
Must include: proposed resolutions, summary of positions, description of issues ?

The Joint Letter must include a description of every issue in dispute and, with respect to each such issue, a detailed summary of each party’s final substantive position and its respective proposed resolution on each issue.

Summary: Joint Letter must detail every disputed issue and each party's position

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Protective order
Must include: sealing procedure ?

Therefore, all proposed protective orders submitted for court approval which contain provisions for filing documents under seal, must also provide a procedure for obtaining the sealing order that complies with Civ. L.R. 79-5.

Summary: Protective orders with sealing provisions must include Civ. L.R. 79-5 compliance procedure

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Protective order
Must include: redline comparison

When filing a proposed stipulated protective order or ESI order, the parties must also file a redline comparison of their proposed order against its respective model order.

Summary: Redline comparison required for proposed protective orders and ESI orders

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Confidentiality request ?
Must include: written request ?

Any party believing that a document, portions thereof, or witness testimony should remain confidential during trial must request in advance of trial that the court take extraordinary measures to protect the confidentiality of that information.

Summary: Advance written request required to protect confidential documents/testimony at trial

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Confidentiality request ?
Must include: filing deadline ?

The request must be made in writing and filed no later than the date on which pretrial papers are due.

Summary: Confidentiality requests must be filed by pretrial papers deadline

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Motion
Must include: proposed order

Each party filing or opposing a motion shall also serve and file a proposed order which sets forth the relief or action sought and a short statement of the rationale of decision, including citation of authority that the party requests the court to adopt.

Summary: Each motion must include a proposed order with relief sought and rationale.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial statement
Must include: joint pretrial statement

Not less 35 days prior to the pretrial conference, all counsel and/or parties shall meet and confer regarding preparation of the joint pretrial statement.

Summary: Parties must meet and confer 35 days before pretrial conference to prepare joint pretrial statement.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint pretrial statement
Must include: joint pretrial statement

Not less than 28 days prior to the pretrial conference, counsel and/or parties shall: Serve and file a joint pretrial statement. (Separately filed statements will not be accepted by the court and monetary sanctions will be imposed upon the party failing to cooperate in the preparation of a joint statement).

Summary: Joint pretrial statement must be filed 28 days before pretrial conference; separate statements not accepted and may result in sanctions.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Deposition excerpt list ?
Must include: witness name, discovery responses, page and line references ?

Serve and file a list of deposition excerpts for witnesses who will not testify in person, (specifying the witness, page and line references) and other discovery responses that will be offered at trial;

Summary: List of deposition excerpts required for non-testifying witnesses.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Witness list ?
Must include: witness name, testimony description ?

Serve and file a list of all witnesses to be called at trial, in person or by deposition, other than solely for impeachment or rebuttal, with a brief statement describing the substance of the testimony to be given;

Summary: Witness list required with brief description of testimony.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit list ?
Must include: exhibit number, sponsoring witness, substance and purpose ?

Serve and file a numerical list of exhibits that will be offered as evidence in a party's case in chief in support of a claim or defense, with a brief statement describing the substance and purpose of each exhibit and the name of the sponsoring witness;

Summary: Exhibit list required with description and sponsoring witness.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Exhibit set ?
Must include: number of sets ?

Submit two sets for jury trials and three sets for court trials of all premarked exhibits to the Clerk's Office (exhibits are not filed);

Summary: Two sets of exhibits for jury trials, three for court trials to Clerk's Office.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint voir dire questions
Must include: joint jury instructions, joint voir dire questions ?

Serve and file proposed joint voir dire questions and joint jury instructions for cases to be tried by jury;

Summary: Joint voir dire questions and jury instructions required for jury trials.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed findings conclusions ?
Must include: findings of fact, conclusions of law ?

Serve and file proposed findings of fact and conclusions of law for cases or claims to be tried by the court.

Summary: Proposed findings of fact and conclusions of law required for court trials.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proposed verdict form
Must include: no party references ?

Serve and file a proposed verdict form which contains no reference to submitting party.

Summary: Proposed verdict form required with no party references.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Witness and exhibit disclosure ?
Must include: disclosure required, good cause required, court leave required ?

No party shall be permitted to call any witness or offer any exhibit in its case in chief that is not disclosed in these pretrial filings without leave of court and for good cause.

Summary: Witnesses and exhibits not disclosed require court leave and good cause.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Opposition to motion in limine ?
Must include: no replies allowed, due 14 days before pretrial ?

Not less than 14 days prior to the pretrial conference, counsel and/or parties shall serve and file any opposition to a motion in limine and any counter deposition designations. No replies shall be filed.

Summary: Opposition to motions in limine due 14 days before pretrial conference, no replies.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Joint claim construction statement

The joint claim construction statement required by Pat. L. R. 4-3 must be truly joint. Disputed terms, phrases, and clauses must be clearly designated as disputed. All other terms will be presumed undisputed. For any term in dispute, the parties must agree on what the term actually is. With regard to disputed terms, phrases, or clauses, the joint statement must list each disputed term, phrase, or clause (listed by claim); each party’s proposed construction; and support for each party’s proposed construction side by side.

Summary: Joint claim construction statement must be truly joint, clearly designate disputed terms, and list each disputed term with proposed constructions side by side.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Submission

Upon removal of this action, the removing defendant or defendants shall, within ten (10) days of the date of removal, file and serve a submission providing the following information: 1. Whether all defendants served at the time of removal joined in the notice of removal. 2. Whether the notice of removal was dated more than thirty (30) days after the first defendant was served. 3. If the action has been removed on the grounds of diversity jurisdiction, whether any defendant served at the time of removal is a citizen of California. 4. If the action has been removed on the grounds of diversity jurisdiction, the citizenship of all named plaintiffs and all named defendants (including the citizenship of all members or partners in any non-corporate party).

Summary: The submission must include specified information about removal and diversity jurisdiction.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Plea agreement
Must include: plea agreement

Judge Hamilton does not use an Application for Entry of Plea. However, counsel for the government shall deliver a copy of the Plea Agreement to chambers by 5:00 p.m., the day before the plea is to be entered. Should the plea not involve a Plea Agreement, counsel for the defendant shall notify the courtroom deputy of the entry of an open plea by 5:00 p.m., the day before the plea is to be entered.

Summary: Plea Agreement to chambers by 5pm day before; open plea notification to deputy by 5pm day before

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Motion
Must include: affidavit or declaration

All motions and oppositions to motions shall comply with Crim. L.R. 47-2(b), which requires that motions “presenting issues of fact . . . be supported by affidavits or declarations which comply with the requirements of Civil L.R. 7-5.” Civil L.R. 7-5, in turn, requires that “[f]actual contentions made in support of or in opposition to any motion must be supported by an affidavit or declaration and by appropriate references to the record.” Moreover, other evidence in support of or in opposition to any motion “must be appropriately authenticated by an affidavit or declaration.” That rule further requires that affidavits and declarations contain factual contentions only, avoiding conclusions and legal argument, and “conform as much as possible to the requirements of FRCivP 56(e).”

Summary: Motions must comply with Crim. L.R. 47-2(b) and Civil L.R. 7-5 for affidavits/declarations

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Pretrial conference statement
Must include: joint filing ?

The parties shall file a joint pretrial conference statement containing the following information:

Summary: Joint pretrial conference statement required 14 days before pretrial conference

Senior Judge Susan Illston

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Pretrial conference statement ?

The statement is due fourteen days prior to the Pretrial Conference.

Summary: Pretrial conference statement due 14 days before pretrial conference

Senior Judge Susan Illston

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Pretrial conference statement ?

COUNSEL SHALL MEET AND CONFER IN GOOD FAITH IN ADVANCE OF COMPLYING WITH THE FOLLOWING PRETRIAL REQUIREMENTS.

Summary: Counsel must meet and confer in good faith before complying with pretrial requirements

Senior Judge Susan Illston

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Daily transcript
Must include: notice of electronic filing ?

If a daily transcript and/or realtime reporting is needed, the parties shall make arrangements with Kristen Melen, Court Reporter Supervisor, at (415) 522-2079 or Kristen_Melen@cand.uscourts.gov, at least fourteen days before trial commences. If transcripts will be requested immediately after trial, arrangements must be made with the court reporter at least fourteen days before trial commences.

Summary: Daily transcripts/realtime reporting must be arranged at least 14 days before trial.

Senior Judge Susan Illston

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Motion
Must include: certificate section ?

The party filing any motion or opposition or other paper in this case shall show on the first page beneath the file number which, if any, of the exclusions under 18 U.S.C. § 3161 may be applicable to the action sought or opposed by the motion or other paper, and his or her calculation of the amount of excludable time to the hearing date. Crim. L.R. 47-2(c).

Summary: Motion filers must show exclusions under 18 U.S.C. § 3161 and calculate excludable time.

Senior Judge Susan Illston

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Trial preparation ?
Must include: exhibit list, witness list, trial memorandum +3 more ?

counsel for the government SHALL: 1) Serve and file a trial memorandum briefly stating the legal bases for the charges and the anticipated evidence, and addressing any evidentiary, procedural or other anticipated legal issues; 2) Serve and file a list of all witnesses who may be called, together with a brief summary of the testimony of each; 3) Serve and file proposed jury instructions on all substantive issues and on any procedural issue not adequately covered by the Court's standard instructions (which are published in the Ninth Circuit Manual of Model Jury Instructions). Counsel shall email a copy in Word format to SIPO@cand.uscourts.gov; 4) Serve and file a proposed form of verdict and proposed questions for jury voir dire; and, 5) Serve and file exhibit lists; and serve copies of all marked exhibits on all parties. Counsel will email electronic Word versions of the lists to sicrd@cand.uscourts.gov.

Summary: Government must file trial memorandum, witness list, jury instructions, verdict form, and exhibit lists.

Senior Judge Susan Illston

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Deadline: 7 calendar days ?
Applies to: Trial preparation ?
Must include: jury instructions, voir dire questions, proposed verdict form ?

Not less than seven days before the Pretrial Conference, defense counsel SHALL comply with subparagraphs (3) and (4) above, and, to the extent consistent with the defendant's right to an effective defense, with subparagraphs (1), (2) and (5) above.

Summary: Defense counsel must file jury instructions, verdict form, and voir dire questions 7 days before pretrial conference.

Senior Judge Susan Illston

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Voir dire
Must include: agreed voir dire questions ?

Counsel should submit an agreed upon set of additional requested voir dire questions to be posed by the Court. Any voir dire questions on which counsel cannot agree shall be submitted separately. Voir dire by counsel will not be permitted absent leave of Court.

Summary: Counsel must submit agreed voir dire questions; separate submissions for disagreements; no counsel voir dire without leave.

Senior Judge Susan Illston

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Deadline: 7 calendar days ?
Applies to: Case description ?
Must include: word count, joint submission ?

No later than seven days before the pretrial conference, the parties should jointly file, and send in Word format to sicrd@cand.uscourts.gov, a short (2-4 sentences) proposed description of the case. The description will be read to prospective jurors when they come to the courtroom. If the parties cannot agree on a description, they may submit one document with competing descriptions (but without any argument). The description of the case should not refer to the indictment or to the United States Code unless there is a compelling reason to do so.

Summary: Parties must jointly file 2-4 sentence case description 7 days before pretrial conference.

Senior Judge Susan Illston

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Exhibit
Must include: pre marked, sequential numbering ?

Each exhibit SHALL be pre-marked; with sequential numbers (not lettered). Blocks of numbers should be assigned to fit the needs of the case (e.g., the Government has 1 to 100, Defendant has 101 to 200). The exhibits SHOULD NOT be filed with the Court; only the exhibit lists must be filed with the Court. However, counsel shall lodge with the Court two copies of the exhibits in binders along with an electronic copy of the exhibit lists.

Summary: Exhibits must be pre-marked with sequential numbers; only lists filed with court; two copies lodged in binders.

Senior Judge Susan Illston

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Admitted exhibits
Must include: judge name, case number ?

Within 10 days of the Verdict being rendered Counsel will meet and confer and agree upon one party to file all admitted exhibits pursuant to Civil L.R. 5-1(g).

Summary: One party must file all admitted exhibits within 10 days of verdict per Civil L.R. 5-1(g).

Senior Judge Susan Illston

Machine summary. Not checked yet.CRITICAL?

Applies to: Motion to seal
Must include: local rule certificate ?

Motions to seal shall be filed in accordance with Civil Local Rule 79-5. Failure to follow the local rules may result in summary denial of the motion.

Summary: Motions to seal must follow Civil Local Rule 79-5 or face summary denial.

Senior Judge Susan Illston

Machine summary. Not checked yet.CRITICAL?

Applies to: Motion to seal ?
Must include: certificate of conference ?

Before seeking to file under seal a document or portion of a document that another party has designated as “Confidential” or “Confidential-Attorneys’ Eyes Only,” counsel shall review the document. If in counsel’s good faith judgment portions or all of the document have been unnecessarily designated as confidential or no longer require confidential treatment, counsel shall meet and confer with counsel for the designating party to attempt to resolve the issue.

Summary: Meet and confer required before filing sealed documents designated by another party.

Senior Judge Susan Illston

Machine summary. Not checked yet.CRITICAL?

Applies to: Declaration

The declaration in support of sealing or in support of redaction must make a specific showing explaining why the document or excerpt sought to be sealed may justifiably be sealed, rather than making a blanket statement about the grounds for sealing or redaction. The declaration must state whether the “compelling reasons” or “good cause” standard applies and why.

Summary: Declarations must provide specific showing for sealing, not blanket statements.

Senior Judge Susan Illston

Machine summary. Not checked yet.CRITICAL?

Applies to: Proposed order
Must include: proposed order

Proposed Orders on administrative motions to seal must conform to the following format: Document or Portion of Evidence Offered in Support Order Document Sought to Be of Sealing Sealed Motion at page 2, Lines 10 – 11 Jones Declaration ¶ 1 Motion at page 5, Lines 4-7 Jones Declaration ¶ 2

Summary: Proposed orders on administrative motions to seal must follow a specific format with document portions, evidence, and order columns.

Senior Judge Susan Illston

Machine summary. Not checked yet.CRITICAL?

Applies to: Proposed order
Must include: proposed order

When a designating party files a declaration in support of another party's motion to seal, and the designating party narrows the submitting party's original sealing request, the designating party shall submit a new proposed order consistent with the narrowed request.

Summary: When narrowing a sealing request, the designating party must submit a new proposed order.

Senior Judge Susan Illston

Machine summary. Not checked yet.CRITICAL?

Applies to: Class action settlement

Parties MUST comply with the Northern District's Guidelines for Procedural Guidance for Class Action Settlements.

Summary: Parties must comply with Northern District's Guidelines for Class Action Settlements.

Senior Judge Susan Illston

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Case management statement

Not less than seven days before the conference, counsel shall file a joint case management statement in compliance with the Civil Local Rules and the Standing Order for All Judges of the Northern District of California.

Summary: Counsel must file a joint case management statement at least 7 days before the CMC.

Senior Judge Susan Illston

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Proof of service
Must include: certificate of service

Within 95 days after the filing of the complaint, you must file proof of service indicating which defendants were served within the 90 days allowed under Rule 4 (m) and showing, in accordance with Rule 4 (i), how each of those defendants was served (for example, by attaching appropriate certificates of service). You must also show cause why a defendant not served within the 90 days allowed under Rule 4 (m) should not be dismissed without prejudice.

Summary: Proof of service must be filed within 95 days after filing the complaint, showing which defendants were served and how, and showing cause for any unserved defendant.

Senior Judge Susan Illston

Machine summary. Not checked yet.CRITICAL?

Applies to: Juror research ?
Must include: no in person surveillance

No in-person surveillance, no matter how brief, of any home, neighborhood, or place of work of any prospective juror or any family member of a prospective juror is allowed.

Summary: No in-person surveillance of jurors or their family members permitted.

Senior Judge William H. Orrick

Machine summary. Not checked yet.CRITICAL?

Applies to: Juror questionnaire
Must include: confidentiality

The confidentiality of all completed Juror Questionnaires provided to counsel shall be maintained by the parties, their counsel, and anyone working for a party or counsel.

Summary: Confidentiality required for all juror questionnaires provided to counsel.

Senior Judge William H. Orrick

Machine summary. Not checked yet.CRITICAL?

Applies to: Juror research ?
Must include: linkedin prohibited ?

LinkedIn may not be used to conduct any research on any prospective juror. The reason for this restriction is that a prospective juror who is on LinkedIn may be notified of the identity of anyone who uses LinkedIn to view the prospective juror's profile or other information, or be notified that an 'anonymous' person viewed the prospective juror's profile or that an inquiry through LinkedIn has been made, even if an investigator uses an account that allows for 'anonymous' searches. Those notifications constitute 'contact' with the prospective juror.

Summary: LinkedIn prohibited for juror research due to notification features.

Senior Judge William H. Orrick

Machine summary. Not checked yet.CRITICAL?

Applies to: Juror research ?
Must include: stories features prohibited ?

Some social media sites have features to automatically notify users that their posts have been seen by certain people, such as temporary 'stories' that provide the poster a list of accounts that have 'viewed' the post/post. These features may not be used to conduct any research on any prospective juror, even if they are posted publicly, because the automatic notification constitutes 'contact' with the prospective juror, as the individual may be notified of the identity of anyone who views their post. This applies to 'stories' on Instagram, SnapChat, and Facebook, and to any other form of social media with similar automatic notification features.

Summary: Stories features on Instagram, SnapChat, Facebook prohibited for juror research.

Senior Judge William H. Orrick

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Civil cases

The Designating Party must establish that the following requirements are met: 1. The document or document portion sought to be sealed is privileged, protectable as a trade secret or otherwise entitled to protection under the law. Supporting declarations or statements must “‘articulate [ ] reasons supported by specific factual findings’” to warrant sealing. Kamakana, 447 F.3d at 1178. Note that “[r]eference to a stipulation or protective order that allows a party to designate certain documents as confidential is not sufficient to establish that a document, or portions thereof, are sealable.” CIVIL L.R. 79-5(c). Conclusory assertions of harm are insufficient.

Machine summary

The Designating Party must establish that the material is legally protectable and support sealing with specific factual reasons; a confidentiality designation or conclusory harm assertion is insufficient.

Senior Judge William H. Orrick Official source

We could not find this wording in the court's document. Open the source before relying on it.CRITICAL?

Civil cases

Proposed Orders must identify with specificity each document, documents, or portions of documents proposed to be sealed or redacted in compliance with Civil Local Rule 79-5(c)(3).

Machine summary

A proposed order must specifically identify each document or portion proposed to be sealed or redacted.

Senior Judge William H. Orrick Official source

Not confirmed. Read the court's wording below.CRITICAL?

Civil cases

Applies to: Certificate of service
Must include: certificate of service

The filing party must then file a certificate of service to confirm that it has complied.

Summary: After serving the required materials, the filing party must file a certificate of service confirming compliance.

Senior Judge William H. Orrick

Machine summary. Not checked yet.CRITICAL?

Applies to: Joint case management statement

Summary: Joint case management statement required 7 days before conference.

Senior Judge William H. Orrick

Machine summary. Not checked yet.CRITICAL?

Applies to: Service
Must include: certificate of service ?

If you are representing yourself and you have not been granted leave to proceed in forma pauperis (IFP) by the Court, you must comply with the service requirements of Fed.R.Civ.P. 4 and 5.

Summary: Pro se parties without IFP must comply with service requirements.

Senior Judge William H. Orrick

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Deadline: 7 days before pretrial conference ?
Applies to: Pretrial order ?
Must include: witness list, exhibit lists, trial memorandum ?

The government and, to the extent consistent with defendant’s right to an effective defense, the defendant shall do the following at least seven days prior to the Pretrial Conference: (i) Serve and file a trial memorandum that briefly states the legal bases for the charges and the anticipated evidence, and addresses any evidentiary, procedural, or other anticipated legal issues; (ii) Serve and file a witness list that includes a brief summary of the testimony of each witness; and (iii) Serve and file exhibit lists and serve copies of all marked exhibits on all parties, as discussed in section 5, below.

Summary: Parties must serve and file trial memorandum, witness list, and exhibit lists 7 days before Pretrial Conference.

Senior Judge William H. Orrick

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Deadline: 7 days before pretrial conference ?
Applies to: Jury instructions
Must include: annotations, joint submission, agreed instructions +1 more ?

The parties shall jointly prepare a set of jury instructions, and shall file the proposed instructions at least seven days prior to the Pretrial Conference. The submission shall contain both agreed-upon instructions (which shall be so noted), and contested instructions, all in the order in which they should be read to the jury. Where contested instructions are included, they should be annotated both with the proponent’s authority for seeking the instruction and the opponent’s reason for opposition. Counsel shall deliver to Chambers a copy of the joint submission, on a CD/DVD in Word format. The label shall include the case number and a description of the documents.

Summary: Parties must jointly file jury instructions 7 days before Pretrial Conference on CD/DVD in Word format.

Senior Judge William H. Orrick

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Jury instruction ?

Each requested instruction shall be typed in full on a separate page and citations to the authorities upon which the instruction is based shall be included. Instructions shall be brief, clear, written in plain English, and free of argument. Pattern or form instructions shall be revised to address the particular facts and issues of this case.

Summary: Jury instructions must be typed separately, include citations, be brief/clear/plain English, and avoid argument.

Senior Judge William H. Orrick

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Preliminary statement or instruction ?
Must include: joint preparation ?

If the parties wish to have a preliminary statement read to the jury, and/or preliminary instructions given to the jury, they shall jointly prepare and file the text of the proposed preliminary statement and/or preliminary instructions at least seven days prior to the Pretrial Conference.

Summary: Preliminary jury statements/instructions must be jointly filed 7 days before Pretrial Conference.

Senior Judge William H. Orrick

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Proposed findings conclusions ?
Must include: word format, cd dvd submission, labeling requirements +1 more ?

In non-jury cases, each party shall file at least fourteen days prior to the Pretrial Conference proposed Findings of Fact and Conclusions of Law on all material issues. The Court requests that the parties hyperlink each proposed Finding of Fact to any supporting evidence. Proposed Findings shall be brief, written in plain English, and free of pejorative language, conclusions and argument. Parties shall deliver to Chambers copies of Proposed Findings of Fact and Conclusions of Law on a CD/DVD in Word format, with a label including the name of the case, the case number and a description of the submission.

Summary: Non-jury parties must file proposed Findings of Fact and Conclusions of Law 14 days before Pretrial Conference with hyperlinks, on CD/DVD in Word format.

Senior Judge William H. Orrick

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Exhibit list and copies ?
Must include: one set per party, complete exhibit list ?

The government and, to the extent consistent with the defendant’s right to an effective defense, the defendant shall provide every other party with one set of all proposed exhibits, charts, schedules, summaries, diagrams, and other similar documentary materials to be used in its case in chief at trial, together with a complete list of all such proposed exhibits, at least fourteen days prior to the Pretrial Conference.

Summary: Parties must provide one set of all proposed exhibits to other parties 14 days before Pretrial Conference.

Senior Judge William H. Orrick

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Exhibit stipulation ?
Must include: good faith effort, stipulation to authenticity ?

At least seven days prior to the Pretrial Conference, the parties shall make a good faith effort to stipulate to exhibits’ admissibility. If stipulation is not possible, the parties shall make every effort to stipulate to authenticity and foundation absent a legitimate (not tactical) objection.

Summary: Parties must make good faith effort to stipulate to exhibit admissibility 7 days before Pretrial Conference.

Senior Judge William H. Orrick

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Exhibit objection statement ?
Must include: grounds for objection, offering party position, identified objected items ?

Each party shall file a statement briefly identifying each item objected to, the grounds for the objection, and the position of the offering party at least seven days prior to the date set for the Pretrial Conference.

Summary: Parties must file exhibit objection statements 7 days before Pretrial Conference identifying objected items, grounds, and offering party's position.

Senior Judge William H. Orrick

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Court exhibit set ?
Must include: binders, chambers delivery, marked tabbed indexed ?

One set of exhibits shall be provided to the Court in Chambers on the Friday prior to the trial date, in binders, marked, tabbed, and indexed in accordance with Local Rule 16-10(b)(7).

Summary: One set of exhibits must be provided to Court in Chambers on Friday before trial date in marked, tabbed, indexed binders.

Senior Judge William H. Orrick

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Filing ?
Must include: chambers copy ?

Each document filed or lodged with the Court must be accompanied by a three-hole punched copy for use in the Judge’s chambers. In addition, one copy of the witness and exhibit lists should be furnished to the court reporter.

Summary: Three-hole punched copy for Judge’s chambers and witness/exhibit lists for court reporter required with filings.

Senior Judge William H. Orrick

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Witness binder
Must include: for witnesses with 3 plus exhibits ?

If all of the exhibits in a case do not fit in one binder, then parties shall prepare a witness binder for each witness that will testify regarding three or more exhibits.

Summary: Witness binders required for witnesses testifying about 3+ exhibits if exhibits don't fit in one binder.

Senior Judge William H. Orrick

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: General
Must include: local rule certificate ?

Parties shall follow the Federal Rules of Civil Procedure, the Civil Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court's Standing Orders.

Summary: Parties must follow FRCP, Civil Local Rules, and General Orders except where superseded by this Standing Order.

Senior Judge William H. Orrick

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Case management statement
Must include: judge name, case number ?

Case Management Statements must be filed one week prior to the Case Management Conference.

Summary: Case Management Statements must be filed one week before the Case Management Conference.

Senior Judge William H. Orrick

Machine summary. Not checked yet.CRITICAL?

Civil cases

Applies to: Standing order service ?
Must include: certificate of service ?

Plaintiff (or in the case of removed cases, any removing defendant) is directed to serve copies of all Judge Orrick Standing Orders at once upon all parties to the action, and upon those subsequently joined, in accordance with the provisions of Federal Rules of Civil Procedure 4 and 5 and to file with the Clerk of Court a certificate reflecting such service, in accordance with Civil Local Rule 5-5(a).

Summary: Plaintiff/removing defendant must serve all Judge Orrick Standing Orders and file certificate of service.

Senior Judge William H. Orrick

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Motion
Must include: speedy trial exclusions, excludable time calculation ?

The party filing any motion or other paper in this case shall show on the first page beneath the file number which, if any, of the exclusions under 18 U.S.C. § 3161 may be applicable to the action sought or opposed by the motion or other paper, and his or her calculation of the amount of excludable time to the hearing date.

Summary: Motion filers must show Speedy Trial Act exclusions and excludable time on first page.

Senior Judge William H. Orrick

Machine summary. Not checked yet.CRITICAL?

Criminal cases

Applies to: Opposition
Must include: speedy trial exclusions, excludable time calculation ?

The party filing an opposition or other paper shall also show on the first page beneath the file number which, if any, of the exclusions under 18 U.S.C. § 3161 may be applicable to the action sought or opposed by the motion or other paper, and his or her calculation of the amount of excludable time to the hearing date. Crim. L.R. 47-2 (c).

Summary: Opposition filers must show Speedy Trial Act exclusions and excludable time on first page.

Senior Judge William H. Orrick

We could not find this wording in the court's document. Open the source before relying on it.WARNING?

Civil cases

(E) With respect to competing instructions: (2) Where there are complete competing instructions, the parties shall so designate by numbering. For example: Instruction 12.1-P (P for Plaintiff) and Instruction 12.1-D (D for Defendant).

Machine summary

Complete competing instructions must be designated by numbering that identifies the party proposing each instruction.

Chief Judge Yvonne Gonzalez Rogers Official source

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Applies to: Jury instructions ?

(G) On the following pages, the parties shall include Model Instruction Nos. 3.1 through 3.3 regarding deliberations. The word “Courtroom Deputy” shall replace “marshal” or “bailiff.”

Summary: After the STOP page, include Model Instructions 3.1 through 3.3 regarding deliberations and replace “marshal” or “bailiff” with “Courtroom Deputy.”

Chief Judge Yvonne Gonzalez Rogers

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Applies to: Motion in limine ?

Motions brought to re-litigate an issue will be denied as procedurally defective.

Summary: Motions in limine brought to re-litigate an issue will be denied as procedurally defective.

Chief Judge Yvonne Gonzalez Rogers

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Applies to: Exhibits ?

If stipulation is not possible, the parties shall make every effort to stipulate to authenticity and foundation absent a legitimate (not tactical) objection.

Summary: If admissibility cannot be stipulated, parties must make every effort to stipulate to authenticity and foundation unless there is a legitimate, non-tactical objection.

Chief Judge Yvonne Gonzalez Rogers

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Applies to: Exhibit list ?

To reduce the number of disputes, if a potential exhibit is identified by a party “in an abundance of caution,” it shall be identified as such.

Summary: A potential exhibit identified in an abundance of caution must be labeled as such.

Chief Judge Yvonne Gonzalez Rogers

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Applies to: Exhibits

All exhibits which have not been exchanged as required are subject to exclusion.

Summary: Exhibits not exchanged as required may be excluded.

Chief Judge Yvonne Gonzalez Rogers

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Applies to: Exhibits

If an exhibit is a physical object (rather than a document), a picture should be taken and placed in the respective binders.

Summary: For a physical exhibit, a picture should be taken and placed in the corresponding binders.

Chief Judge Yvonne Gonzalez Rogers

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Applies to: Exhibits

The parties shall review Local Rule 79-4 and confer regarding the disposition of exhibits.

Summary: After trial, parties must review Local Rule 79-4 and confer about disposition of exhibits.

Chief Judge Yvonne Gonzalez Rogers

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Applies to: Electronic equipment ?

Equipment not provided by the Court must be tested in the courtroom prior to the day when it will be used.

Summary: Equipment not provided by the Court must be tested in the courtroom before the day of use.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Case management conference
Must include: authorized counsel, lead trial counsel ?

Each party shall be represented at case management conferences by lead trial counsel or counsel with authority to enter into stipulations and make admissions pursuant to Fed. R. Civ. P. 16(a) and (c), as well as fully prepared to address all of the matters in the CAND CMC Order and Civil L.R. 16-10(b). Failure to do so shall be considered grounds for sanctions. Because of the substantive discussions that occur during case management conferences, telephonic appearances are disfavored.

Summary: Parties must be represented by lead trial counsel or authorized counsel at case management conferences; telephonic appearances are disfavored.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Discovery letter brief ?
Must include: caption, case number, limited legal authority ?

The joint letter brief may cite to limited and specific legal authority only for resolution of dispositive issues. The joint letter brief may not be accompanied by declarations; however any specific excerpt of disputed discovery material may be attached.

Summary: Joint letter brief may cite limited legal authority for dispositive issues only; no declarations allowed; specific discovery excerpts may be attached.

Chief Judge Yvonne Gonzalez Rogers

Not confirmed. Read the court's wording below.WARNING?

Applies to: Responsive separate statement

Objections raised in the Responsive Separate Statement of are improper and may be disregarded.

Summary: Evidentiary objections raised in the Responsive Separate Statement are improper and may be disregarded.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Pretrial order ?
Must include: proposed order ?

To the extent consistent with the defendant's right to an effective defense, defense counsel shall also serve and file items (2) through (4) above.

Summary: Defense counsel must serve and file a witness list, exhibit list, and trial memorandum, consistent with the defendant's right to an effective defense.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Pretrial order ?
Must include: specific language ?

The parties shall also meet and confer and file a Joint Statement of the case to be read during voir dire.

Summary: Parties must meet and confer and file a Joint Statement of the case for voir dire.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Jury instructions ?

Summary: Disputed jury instructions must be marked as 'disputed' and included in the joint submission with supporting argument and authority on separate sheets.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Brief ?

String citations without any analysis or descriptive parentheticals will be disregarded.

Summary: String citations without analysis or descriptive parentheticals will be disregarded by the Court.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Any submission ?
Must include: ai verification certification ?

Failure to include this certification or comply with this verification requirement will be grounds for sanctions.

Summary: Failure to include AI verification certification may result in sanctions.

Judge Araceli Martínez-Olguín

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Brief

Footnotes shall not be used to cite to legal authorities or evidence. All citations to legal authorities or evidence shall be in the body of the brief. Excessive footnotes will be disregarded.

Summary: Footnotes cannot cite legal authorities or evidence; citations must be in brief body.

Judge Beth Labson Freeman

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Motion in limine

Each motion in limine is limited to 5 pages and may address only one issue.

Summary: Each motion in limine may address only one issue.

Judge Beth Labson Freeman

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Motion in limine

If a party raises a Daubert motion as a motion in limine, the party must file a separate motion for each expert to which the party raises a Daubert challenge. Each Daubert motion is included in the 5 motion maximum for motions in limine.

Summary: Daubert motions raised as motions in limine must be filed separately for each expert and count toward the 5-motion limit.

Judge Beth Labson Freeman

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Motion in limine

Each motion shall be presented in a separate document and shall be numbered as, for example, 'Plaintiff's Motion in Limine No. 1 to Exclude. . . .'

Summary: Each motion in limine must be filed as a separate document and numbered sequentially.

Judge Beth Labson Freeman

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Trial brief

A trial brief is most helpful to the Court when it summarizes the party’s theory of the case, identifies key evidence, and provides summary briefing on any controlling issues of law.

Summary: Trial briefs should summarize the party's theory, identify key evidence, and brief controlling legal issues.

Judge Beth Labson Freeman

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Stipulation

Any stipulations submitted before or during trial shall be in writing and signed by all parties.

Summary: Stipulations must be in writing and signed by all parties.

Judge Beth Labson Freeman

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Jury instructions

The parties shall submit a complete joint set of proposed jury instructions, arranged in a logical sequence, which incorporates the Model Jury Instructions of the Ninth Circuit to the extent feasible and appropriate. If an instruction is undisputed, it shall be identified as “Stipulated Instruction No. ___ re ____________,” with the blanks filled in as appropriate. Even if stipulated, the instruction shall be supported by citation to the Model Jury Instructions of the Ninth Circuit or other authority. If an instruction is disputed, all versions of the instruction shall be inserted together in the logical place for the instruction in the overall sequence. A disputed instruction shall be identified as “Disputed Instruction No. ___ re ____________ offered by ____________,” with the blanks filled in as appropriate. All disputed versions of the same instruction shall bear the same number. If a party does not have an alternate version but contends that no such instruction should be given, that party should so state on a separate page inserted in lieu of an alternate version. Each party should support its position regarding a disputed instruction with a brief argument and citation to relevant authority, set forth immediately following the disputed instruction.

Summary: Jury instructions must be submitted as a joint set with specific formatting for stipulated and disputed instructions, including citations and arguments.

Judge Beth Labson Freeman

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Verdict form

The parties shall submit a joint proposed verdict form. If the parties are unable to stipulate to a verdict form, each party shall submit a proposed verdict form.

Summary: Parties must submit a joint proposed verdict form, or separate forms if unable to agree.

Judge Beth Labson Freeman

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Jury questionnaire

Counsel shall inform the Court if they wish to use a jury questionnaire and, if so, shall submit a proposed questionnaire for the Court’s review.

Summary: Counsel must inform the Court if they want a jury questionnaire and submit a proposed questionnaire for review.

Judge Beth Labson Freeman

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Brief

Footnotes shall not be used to cite to legal authorities or evidence. All citations to legal authorities or evidence shall be in the body of the brief. Excessive footnotes will be disregarded.

Summary: Footnotes may not contain citations to legal authorities or evidence; all citations must be in the body of the brief. Excessive footnotes will be disregarded.

Judge Beth Labson Freeman

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Exhibit list ?

At the close of evidence, counsel shall jointly provide a revised list of all exhibits actually in evidence (and no others) stating the exhibit number and a brief, non-argumentative description (e.g., letter from A. B. Case to D. E. Frank, dated August 17,1999).

Summary: At close of evidence, counsel must jointly provide a revised list of admitted exhibits with numbers and brief descriptions.

Judge Charles R Breyer

Machine summary. Not checked yet.WARNING?

Applies to: Brief

Briefs exceeding 10 pages in length must contain an additional summary of argument, including reference to any important cases cited.

Summary: Briefs over 10 pages must include a summary of argument with case references.

Judge Charles R Breyer

Machine summary. Not checked yet.WARNING?

Applies to: Protective order
Must include: proposed order ?

If parties believe that a protective order is necessary, they shall, where practicable, use one of the model stipulated protective orders (available at http://cand.uscourts.gov/stipprotectorder). If the parties’ proposed protective offer differs materially from the model protective order, the parties shall file a statement explaining each modification to the model order, along with a redline version comparing the proposed protective order with the model order.

Summary: Parties should use model stipulated protective orders; if deviating, they must file a statement of modifications and a redline comparison.

Judge Charles R Breyer

Machine summary. Not checked yet.WARNING?

Applies to: Amended pleading

If a party files an amended pleading, it shall concurrently file a redlined version comparing the amended pleading to the prior operative pleading.

Summary: Amended pleadings must be accompanied by a redlined version comparing to the prior pleading.

Judge Charles R Breyer

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Witness list ?

the parties shall lodge and serve a list of all witnesses likely to be called at trial (including those appearing by deposition), other than solely for impeachment or rebuttal, together with a brief statement following each name describing the substance of the testimony to be given (such a statement is not necessary for witnesses that are plaintiffs/defendants). Parties are to limit their descriptions to non-cumulative testimony. No party shall be permitted to call any witness in its case in chief who is not disclosed in its pretrial statement without leave of court for good cause;

Summary: Witness list must include all trial witnesses (except impeachment/rebuttal) with a brief statement of testimony; descriptions limited to non-cumulative testimony; undisclosed witnesses require leave.

Judge Charles R Breyer

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Exhibit list ?

the parties shall lodge and serve separate lists of all documents and other items to be offered as exhibits at the trial, other than solely for impeachment or rebuttal, with a brief statement following each, describing its substance or purpose and the identity of the sponsoring witness;

Summary: Exhibit list must include all trial exhibits (except impeachment/rebuttal) with a brief statement of substance/purpose and sponsoring witness.

Judge Charles R Breyer

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Juror questionnaire

the parties shall file (1) a joint juror questionnaire, (2) a set of proposed voir dire questions, and (3) a joint simplified statement of the case to be included in the questionnaire and read to the jury during voir dire.

Summary: Parties must file a joint juror questionnaire, proposed voir dire questions, and a joint simplified statement of the case.

Judge Charles R Breyer

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Pretrial order ?

the parties shall lodge and serve a joint proposed pre-trial order, signed and vetted by all counsel, containing the following information: 1. Substance of the Action. A brief description of the substance of claims and defenses which remain to be decided; 2. Relief Prayed. A detailed statement of all relief claimed, particularly itemizing all elements of damages claimed; 3. Stipulated Facts. A plain and concise statement of all relevant facts to which the parties will stipulate for incorporation into the trial record without the necessity of supporting testimony or exhibits. The parties shall exercise good faith in stipulating to facts that are not reasonably disputable; 4. Disputed Factual Issues. A list of all factual issues which remain to be tried, stating the issues with the same generality/specificity as any contested elements in the relevant jury instructions, all organized by count; 5. Disputed Legal Issues. Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions.

Summary: Joint proposed pretrial order must include: substance of action, relief prayed, stipulated facts, disputed factual issues, and disputed legal issues.

Judge Charles R Breyer

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Proposed jury instruction ?

Even if stipulated, an instruction must be supported by citation. If disputed, each version of the instruction shall be inserted, along with a brief explanation (no more than one page) of why the party believes the instruction is (or is not) appropriate.

Summary: Each proposed jury instruction must be supported by citation; disputed instructions require a brief explanation not exceeding one page.

Judge Charles R Breyer

Machine summary. Not checked yet.WARNING?

Applies to: Motion in limine

Each party shall number its motions in limine in order of importance, the first being the most important.

Summary: Motions in limine must be numbered in order of importance.

Judge Edward M Chen

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Joint pretrial conference statement

The statement shall contain the following information: 1. The Action. a. Substance of the Action. A brief description of the substance of claims and defenses which need to be decided. b. Relief Prayed. A statement of all relief sought, particularly itemizing all elements of damages claimed. 2. Factual Basis of the Action. a. Undisputed Facts. A list of all stipulated facts, i.e., all facts parties to which the parties will stipulate to for incorporation into the trial record without the necessity of supporting testimony or exhibits. b. Disputed Factual Issues. A list of all factual issues that remain to be tried, stating the issues with the same generality/specificity as any contested elements in the relevant jury instructions and organized by counts. 3. Disputed Legal Issues. Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions. 4. Estimate of Trial Time. An estimate of the number of hours needed for the presentation of each party's case. 5. Trial Alternatives and Options. a. Settlement Discussion. A statement summarizing the status of settlement negotiations and indicating whether further negotiations are likely to be productive. b. Consent to Trial Before a Magistrate Judge. A statement whether reference of all or part of the action to a master or magistrate judge is feasible, including whether the parties consent to a court or jury trial before a magistrate judge, with appeal directly to the Ninth Circuit. c. Amendments or Dismissals. A statement of requested or proposed amendments to pleadings or dismissals of parties, claims, or defenses. d. Bifurcation or Separate Trial of Issues. A statement of whether bifurcation or a separate trial of specific issues is feasible and desired. 6. Witnesses. The following information should be provided as an appendix to the joint pretrial conference statement. For each party, a list of all witnesses likely to be called at trial, including those appearing by deposition. For each witness, there should be a short statement of the substance of his or her testimony and an estimate regarding the length of testimony (including direct and cross-examination). If the witness is an expert witness, the short statement should

Summary: The joint pretrial conference statement must include specified content: substance of action, relief, undisputed/disputed facts, legal issues, trial time estimate, trial alternatives, and witness lists.

Judge Edward M Chen

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Joint pretrial conference statement ?

A joint exhibit list in tabular form, with (a) a column that briefly describes the exhibit; (b) a column that describes for what purpose the party will offer the exhibit and identifies its sponsoring witness; (c) a column that states any objections to the exhibit; (d) a column that briefly responds to the objections; and (e) a blank column for the Court's use. ... In addition to the above, a joint statement in which each party identifies fifteen (15) of the opposing party's exhibits for which the identifying party seeks rulings on objections in advance of trial.

Summary: Joint pretrial conference statement must include a joint exhibit list with specific columns and a joint statement identifying 15 exhibits for advance rulings.

Judge Edward M Chen

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Joint pretrial conference statement appendix ?

Excerpts of interrogatory responses, responses to requests for admission, and deposition testimony (with specific line references identified) that each party intends to present at trial. If there are objections to the use of written responses, the parties should include a joint memorandum that briefly states the objecting party's objection and the opposing party's response. ... If specific objections were made during the deposition that are still in need of a Court ruling, the parties should include a joint memorandum that identifies the deposition testimony at issue and that briefly states the objecting party's objection (including any counter-designation) and the opposing party's response (including any counter-designation).

Summary: Joint pretrial conference statement appendix must include excerpts of discovery responses and joint memoranda for objections.

Judge Edward M Chen

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Motion in limine

Each motion in limine should address a single topic

Summary: Each motion in limine should address a single topic.

Judge Edward M Chen

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Preliminary statement ?

In a jury trial, the parties shall provide a simplified statement of the case to be read to the jury during voir dire and as a part of the proposed jury instructions. Unless the case is extremely complex, this statement should not exceed one paragraph.

Summary: Parties must provide a simplified statement of the case for jury; should not exceed one paragraph.

Judge Edward M Chen

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Deposition designations ?

To prepare designated deposition testimony, counsel shall photocopy the cover page, the page where the witness is sworn, and each page from which any testimony is proffered, including pages containing a counter-designation made by opposing counsel. Counsel should redact objections or colloquy unless needed to understand the question. In addition, counsel should redact any testimony that has not been designated or any testimony to which an objection has been made and sustained by the Court. Any corrections must be interlineated and references to exhibit numbers must conform to the trial numbers. The finished packet should then be the actual script and should smoothly present the identification and swearing of the witness and testimony desired.

Summary: Deposition designations must include cover page, swearing page, all designated testimony pages, redact objections/colloquy and non-designated/sustained testimony, interlineate corrections, conform exhibit numbers to trial numbers.

Judge Edward M Chen

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Conference request ?
Must include: extensive meet and confer efforts demonstrated ?

Such requests should be made on an extremely limited basis after extensive efforts to meet and confer in person or by videoconference.

Summary: Conference requests should be limited and only after extensive meet-and-confer efforts.

Judge Eumi K. Lee

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Motion
Must include: proposed order ?

The Court will order parties to re-send notices if the motion for attorneys’ fees is filed late.

Summary: Late fee motions require re-sending of notices.

Judge Eumi K. Lee

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Post distribution accounting
Must include: proposed order ?

The Court will typically withhold between 10% and 20% of the attorneys’ fees granted at final approval until after the Post-Distribution Accounting has been filed.

Summary: 10-20% of fees withheld until Post-Distribution Accounting filed.

Judge Eumi K. Lee

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Case management statement

If the parties believe their case merits an exception to this rule, they should discuss their views in the initial case management statement.

Summary: Exception requests must be discussed in initial case management statement.

Judge Eumi K. Lee

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Brief

Summary: A party must submit a short request to the Court if proposing a new construction in its brief that differs from the joint statement.

Judge Eumi K. Lee

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Reply brief

If there has been any change in the parties' claim construction positions, the parties shall file an amended, final joint claim construction statement at the time of filing the claim construction reply brief.

Summary: Parties must file an amended final joint claim construction statement with the reply brief if positions changed.

Judge Eumi K. Lee

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Jury instructions

If, after meeting and conferring in good faith, the parties cannot agree on a proposed jury instruction, each party's proposed version shall be provided and identified as "Disputed Instruction No. __ Re _______, Offered by ________," with blanks filled in as appropriate. All proposed versions of the same instruction shall bear the same number. Following each set of proposed versions of a disputed instruction, each party shall explain, in no more than one page, why the Court should give that party's proposed instruction.

Summary: Disputed jury instructions require each party to provide proposed language and a one-page explanation.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Jury instructions ?

If the parties dispute whether a particular instruction should be given at all, the proponent of the instruction shall provide proposed language, identified as "Disputed Instruction No. __ Re _______, Offered by ________," with blanks filled in as appropriate. Following the disputed instruction, each party shall explain, in no more than one page why the instruction should or should not be given.

Summary: When a party disputes whether an instruction should be given, the proponent provides language and each party explains in one page why it should or should not be given.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Voir dire questions

Proposed Voir Dire Questions. In cases tried before a jury, the parties are expected to meet and confer and file a joint set of proposed voir dire questions for the Court to ask. Unless otherwise indicated, the Court will conduct voir dire.

Summary: Parties must meet and confer and file a joint set of proposed voir dire questions.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Voir dire questions ?

If, after meeting and conferring in good faith, there are proposed questions about which the parties do not agree, each party may submit a list of disputed proposed questions they wish to be put to the venire. The proponent of each disputed question shall provide proposed language, identified as "Disputed Question No. __, Offered by ________," with blanks filled in as appropriate. No argument concerning why a disputed proposed question should or should not be asked shall be submitted.

Summary: Disputed voir dire questions must be identified and submitted without argument.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Verdict form

Proposed Verdict Forms. The parties are expected to meet and confer and file a joint proposed verdict form. If, after a good faith effort to meet and confer, the parties cannot agree on a joint form, the parties may submit separate proposed verdict forms. If the verdict form is disputed, each party shall explain, in no more than one page, why its proposed verdict form should be given.

Summary: Parties must meet and confer on a joint verdict form; if disputed, each party may submit a separate form with a one-page explanation.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Exhibits

Each exhibit shall be pre-marked with a trial exhibit sticker ("Trial Exhibit No.__"), not deposition exhibit label, and defendant's exhibit numbers shall be sequenced to begin after plaintiff's exhibit numbers.

Summary: Exhibits must be pre-marked with trial exhibit stickers and defendant's numbers must follow plaintiff's numbers.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Exhibits

The parties shall agree on blocks of numbers to fit the needs of the case (e.g., Plaintiff has 1–100, Defendant has 101–200) and make a good faith effort to avoid marking the same exhibit in their respective blocks. If the same exhibit is marked by more than one party, the defendant shall withdraw the duplicative exhibit (but should not renumber its portion of the exhibit list). Section h) of the parties' joint pretrial statement and proposed order must identify the exhibit numbers of the exhibits withdrawn as duplicates.

Summary: Parties must agree on exhibit number blocks and withdraw duplicate exhibits, identifying them in the joint pretrial statement.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Pretrial filing ?

At least 14 days prior to the Pretrial Conference, the parties shall make a good faith effort to stipulate to exhibits' admissibility.

Summary: Parties must attempt to stipulate to exhibit admissibility at least 14 days before the pretrial conference.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Exhibit list

Summary: Exhibit list must include specific columns with certain fields left blank.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Witness list

The form witness list should include the following columns: (1) Witness Name; (2) Brief Summary of Testimony; and (3) Exhibits (left blank).

Summary: Witness list must include specific columns with exhibits column left blank.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Motion in limine

Motions should be clearly identified as '___________'s Motion in Limine No. __ Re: ____________.'

Summary: Motions in limine must follow a specific naming format.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Motion in limine

If the content of an exhibit is necessary to the resolution of a motion in limine, that exhibit must be attached to a declaration in support of the motion.

Summary: Exhibits necessary for a motion in limine must be attached to a supporting declaration.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Motion ?

Joint statements of undisputed facts are not required but are helpful if completely agreed upon. Separate statements of undisputed facts may not be filed.

Summary: Joint statements of undisputed facts optional but helpful; separate statements prohibited.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Witness list

Serve and file a witness list that includes a brief summary of the testimony of each witness;

Summary: Witness list must include a brief summary of each witness's testimony.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Pretrial statement

A joint pretrial statement shall be filed at least seven days prior to the Pretrial Conference and shall address all of the items listed in Criminal Local Rule 17.1-1(b).

Summary: Joint pretrial statement must address all items in Criminal Local Rule 17.1-1(b).

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Trial memorandum

Serve and file a trial memorandum that briefly states the legal bases for the charges and the anticipated evidence, and addresses any evidentiary, procedural, or other anticipated legal issue;

Summary: Trial memorandum must state legal bases, anticipated evidence, and address evidentiary/procedural issues.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Exhibit list

Serve and file exhibit lists and serve copies of all marked exhibits on all parties. Each item shall be premarked; generally, the Government shall use numbers 1–100 and the Defendant shall use 101–200 – modified to meet the needs of the case.

Summary: Exhibit lists must be filed, exhibits premarked with Government using 1-100 and Defendant using 101-200.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Jury instructions

Jointly serve and file proposed jury instructions. The parties shall meet and confer and file a joint set of proposed jury instructions, if they can agree, arranged in the order the parties propose the Court give the instructions. The parties should use the Ninth Circuit Model jury instructions where possible. Any modifications to a form instruction must be plainly identified to the Court. Any language a party proposes to be removed from a model instruction must be designated with a strikethrough and language proposed to be added to a model instruction must be underlined.

Summary: Proposed jury instructions must be filed jointly, use Ninth Circuit Model where possible, and show modifications with strikethrough/underline.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Motion in limine

Motions should be clearly identified as “___________’s Motion in Limine No. __ Re: ____________.”

Summary: Motions in limine must be identified with party name, number, and subject.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Exhibits

The parties are to jointly prepare a single set of trial exhibits. Each item shall be pre-marked with a trial exhibit sticker (“Trial Exhibit No.__”), not a deposition exhibit label, and defendant’s exhibit numbers shall be sequenced to begin after the government’s exhibit numbers.

Summary: Trial exhibits must be jointly prepared, pre-marked with trial exhibit stickers, and defendant's numbers after government's.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Transcript order form

Should a daily transcript and/or real-time reporting be desired, the parties shall e-file a transcript order form (CAND 435), at least 14 days before trial.

Summary: Parties must e-file a transcript order form (CAND 435) at least 14 days before trial if daily transcript or real-time reporting is desired.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Technology request ?
Must include: proposed order

Summary: Parties must file a written request and proposed order at least 7 days before trial to bring additional technology into the courthouse.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Individual statement ?

The parties are strongly encouraged to submit a joint statement, but in the rare instances when a joint statement is not possible, each side may submit a statement of not more than two pages (12-point font or greater). The statement shall explain why a joint statement was impossible.

Summary: Individual statement (max 2 pages) allowed if joint statement impossible.

Judge Jacqueline Scott Corley

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Jury instructions

The parties must file a joint set of proposed jury instructions, arranged in the order the parties propose the Court give the instructions. The parties should use the Ninth Circuit Model Jury Instructions to the fullest extent possible. Modifications and “custom” proposed instructions are discouraged. If offered, they should be clearly identified as such.

Summary: Parties must file a joint set of proposed jury instructions, using Ninth Circuit Model instructions where possible, and clearly identify any modifications.

Judge James Donato

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Jury instructions ?

Undisputed instructions must be identified as “Stipulated Instruction No. __ Re __________,” with the blanks filled in as appropriate. For disputed instructions, each party’s proposed version must be provided and identified as, “Disputed Instruction No. __ Re _________ Offered by __________,” with the blanks filled in as appropriate. All proposed versions of the same instruction should bear the same number.

Summary: Undisputed instructions must be labeled 'Stipulated Instruction No. __ Re __________'; disputed instructions must be labeled 'Disputed Instruction No. __ Re _________ Offered by __________'; all versions of same instruction bear same number.

Judge James Donato

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Verdict form

The parties must also file a joint proposed verdict form, using the same process.

Summary: Parties must file a joint proposed verdict form using the same process as jury instructions.

Judge James Donato

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Preliminary instructions

The parties should not submit proposed preliminary instructions, which the Court will do on its own in a draft to which the parties may propose modifications.

Summary: Parties should not submit proposed preliminary instructions; the Court will prepare a draft.

Judge James Donato

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Voir dire questions

If the parties would like the Court to consider particular voir dire questions, they should file a joint set of proposed questions. There is no need to include basic background questions such as name, occupation, education and so on. The Court has standard questions prepared on those topics.

Summary: Parties may file a joint set of proposed voir dire questions; basic background questions are not needed.

Judge James Donato

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Exhibits

To avoid any party claiming "ownership" of an exhibit, all exhibits shall be marked and referred to as "Trial Exhibit No. __," and not as "Plaintiff's Exhibit" or "Defendant's Exhibit."

Summary: Exhibits must be marked and referred to as 'Trial Exhibit No. __' rather than by party designation.

Judge James Donato

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Discovery
Must include: local rule compliance ?

The procedures for disclosure and discovery set forth in the Local Criminal Rules, in particular Criminal Local Rule 16-1, and the Federal Rules of Criminal Procedure will be strictly enforced.

Summary: Criminal discovery procedures strictly enforced per Local Rule 16-1 and Federal Rules.

Judge James Donato

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Joint case management statement ?

Failure to file a joint statement must be accompanied by a signed declaration explaining the grounds for that failure. Absent good cause, the parties may be subject to sanctions.

Summary: Failure to file joint statement requires declaration and may result in sanctions.

Judge James Donato

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Case management conference ?

Failure of lead counsel to appear may result in sanctions.

Judge James Donato

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: All submissions ?

The title of a submission must be sufficiently descriptive to alert the Court to the relief sought; for example, please do not bury a request for continuance in the body of a memorandum.

Summary: Submission titles must be sufficiently descriptive of the relief sought

Judge James Donato

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Discovery dispute letter ?

The signature block of the letter should identify which party counsel represents.

Summary: Signature block of discovery dispute letter must identify which party counsel represents.

Judge James Donato

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Proposed order
Must include: proposed order

After the telephone conference or hearing, if any, counsel should submit their proposed order (agreed as to form) by e-filing it.

Summary: After discovery dispute conference or hearing, counsel must submit a proposed order agreed as to form.

Judge James Donato

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Joint case management statement
Must include: judge name, case number ?

Unless otherwise ordered, the parties’ statement must comply with the terms of the Standing Order for All Judges of the Northern District of California: Contents of Joint Case Management Statement. Parties must not incorporate prior case management statements by reference.

Summary: Joint case management statement must follow Northern District Standing Order; no incorporation by reference.

Judge Jon S Tigar

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Jury instructions

The parties' set of proposed jury instructions must be ordered in logical sequence and include a table of contents.

Summary: Proposed jury instructions must be in logical sequence and include a table of contents.

Judge Jon S Tigar

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Jury instructions ?

Proposed deviations from the model instructions, no matter how minor, must be clearly identified by red-lined copy and supported by authority.

Summary: Deviations from model jury instructions must be identified by red-lined copy and supported by authority.

Judge Jon S Tigar

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Jury instructions ?

Any instruction to which the parties disagree must be marked as 'disputed' and followed by concise argument and authority in support of and against the use of the instruction.

Summary: Disputed jury instructions must be marked as 'disputed' and include argument and authority.

Judge Jon S Tigar

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Exhibit
Must include: exhibit list ?

All exhibits that have not been provided as required are subject to exclusion in the reasonable exercise of the Court's discretion.

Summary: Exhibits not provided as required may be excluded at Court's discretion

Judge Jon S Tigar

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Settlement ?
Must include: stipulated dismissal

A stipulated dismissal will ordinarily be required.

Summary: Stipulated dismissal ordinarily required for settlements

Judge Jon S Tigar

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Witness list ?

Failure to comply with this order may, in the discretion of the Court, be grounds for exclusion of any witness who was not properly disclosed.

Summary: Failure to disclose witnesses may result in exclusion at Court's discretion

Judge Jon S Tigar

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Applies to: Joint case management statement ?

Parties must not incorporate prior case management statements by reference.

Summary: Parties may not incorporate prior case management statements by reference.

Judge Jon S Tigar

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Applies to: Telephonic appearance request ?

Absent extraordinary circumstances and a showing of good cause, late requests will be denied.

Summary: Late telephonic-appearance requests will be denied unless extraordinary circumstances and good cause are shown.

Judge Jon S Tigar

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Jury instructions ?

The Court discourages the unnecessary submission of special instructions or modification of model instructions. Special instructions, if any, must be complete, accurate, balanced, clear, and non-argumentative. Any instruction to which the parties disagree must be marked as “disputed” and must be followed by concise argument and authority in support of and against the use of the instruction.

Summary: Special jury instructions must be complete, accurate, balanced, clear, non-argumentative, and disputed instructions must include argument and authority.

Judge Jon S. Tigar

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Exhibits
Must include: voluminous exhibits reduced ?

Voluminous exhibits must be reduced by elimination of irrelevant portions or through the use of summaries.

Summary: Voluminous exhibits must be reduced or summarized.

Judge Jon S. Tigar

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Witness list ?

Failure to comply with this order may, in the discretion of the Court, be grounds for exclusion of any witness who was not properly disclosed.

Summary: Non-compliance may result in exclusion of undisclosed witnesses.

Judge Jon S. Tigar

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Reply brief

The Court will not consider reply briefs absent prior order on a showing of good cause.

Summary: Reply briefs for motions in limine are not considered unless the court orders otherwise on good cause.

Judge Jon S. Tigar

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Motion for final class action settlement approval ?

The final approval motion should specify what percentage class counsel believes it is appropriate to withhold and why.

Summary: Motions for final approval of class action settlements should specify the proposed percentage of attorney’s fees to withhold and the reasoning.

Judge Jon S. Tigar

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Joint case management statement ?

Parties’ must explain proposals that deviate from the timeline set forth below.

Summary: Parties must explain any proposed deviations from the timeline.

Judge Noël Wise

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Reply sumf

The Reply SUMF shall not introduce any new asserted material facts.

Summary: Reply SUMF must not introduce new material facts.

Judge Noël Wise

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Responsive sumf

The Responsive SUMF must be organized in the form of a chart as shown in Attachment A.

Summary: Responsive SUMF must be organized as a chart per Attachment A.

Judge Noël Wise

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Opening sumf

The Opening SUMF must be organized in the form of a chart as shown in Attachment A.

Summary: Opening SUMF must be organized as a chart per Attachment A.

Judge Noël Wise

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Objections to evidence

Objections to evidence shall be contained within the objecting party’s brief and shall not be filed as a separate pleading.

Summary: Objections to evidence must be included in the brief, not filed separately.

Judge Noël Wise

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Motion for attorneys fees ?
Must include: chart

Summary: Motion for attorneys' fees must include a chart summarizing hours expended on major tasks.

Judge Noël Wise

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Sumf

The separate SUMFs shall not include argument in support of the summary judgment motion and shall not be used to circumvent the page limits that apply to summary judgment briefing.

Summary: SUMFs must not include argument or be used to circumvent page limits.

Judge Noël Wise

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Motion for final approval ?

The final approval motion should specify what percentage class counsel believes it is appropriate to withhold and why.

Summary: The final approval motion must specify the percentage of attorney's fees to withhold and the reasons.

Judge Noël Wise

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Jury instructions ?
Must include: balance, clarity, accuracy +2 more ?

Special instructions, if any, must be complete, accurate, balanced, clear, and non-argumentative.

Summary: Special jury instructions must be complete, accurate, balanced, clear, and non-argumentative.

Judge Noël Wise

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Exhibits
Must include: reduction required ?

Voluminous exhibits must be reduced by elimination of irrelevant portions or by using summaries.

Summary: Voluminous exhibits must be reduced by eliminating irrelevant portions or using summaries.

Judge Noël Wise

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Exhibits ?
Must include: minimum stipulation, authenticity and foundation ?

If the parties cannot stipulate, they must make every effort to stipulate at least to authenticity and foundation absent

Summary: If parties cannot stipulate to admissibility, they must at least stipulate to authenticity and foundation.

Judge Noël Wise

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Joint case management statement ?

Summary: Parties must review the court’s ESI guidelines and meet and confer on ESI and ADR prior to the initial case management conference; failure to meet and confer may result in sanctions.

Judge Noël Wise

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Joint pretrial statement
Must include: jury questionnaire modifications ?

The parties must explain whether they are seeking any modifications to the standard jury questionnaire, and if so, they must provide those suggested changes in a jointly-prepared exhibit to their joint pretrial statement. Jury Services has limited ability to add questions to the standard questionnaire. Parties should propose no more than ten total additional questions to the form.

Summary: Parties may modify standard jury questionnaire with up to 10 additional questions in joint pretrial statement.

Judge Noël Wise

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Motion ?
Must include: caption, judge name, case number ?

The United States Marshal requires an order to allow equipment into the courthouse. Any request

Summary: Marshal requires court order to bring equipment into courthouse.

Judge Noël Wise

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Exhibits
Must include: meet and confer

Following the exchange, the parties must immediately meet and confer about the exhibits and any potential objections, and must make a good faith effort to stipulate to exhibits' admissibility. If the parties cannot reach a complete stipulation, they must make every effort to stipulate to authenticity and foundation absent a legitimate (not tactical) objection.

Summary: Parties must meet and confer immediately after exhibit exchange to stipulate admissibility.

Judge Noël Wise

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Exhibits

All exhibits that have not been provided as required are subject to exclusion in the reasonable exercise of the Court's discretion.

Summary: Exhibits not provided as required may be excluded at Court's discretion.

Judge Noël Wise

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Reply brief
Must include: good cause, prior order ?

The Court will not consider reply briefs absent a prior order on a showing of good cause.

Summary: Reply briefs to MILs are generally not permitted without prior court order showing good cause.

Judge Noël Wise

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Motion ?
Must include: caption, judge name, case number ?

In accordance with Federal Rule of Civil Procedure 47(a), voir dire by counsel will not be permitted absent leave of court. Time permitting, it is generally the practice of the Court to provide leave to each side to conduct a brief voir dire.

Summary: Voir dire by counsel requires leave of court; brief voir dire generally permitted.

Judge Noël Wise

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Witness exhibit list ?
Must include: timely filing ?

Failure to comply with this order may, in the discretion of the Court, be grounds for exclusion of any witness or exhibit not properly disclosed.

Summary: Non-compliance may result in exclusion of undisclosed witnesses or exhibits.

Judge Noël Wise

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Witness exam guidelines ?
Must include: no conference during cross ?

Once the cross-examination of a witness has commenced, and until cross-examination of the witness has concluded, counsel offering the witness on direct examination must not: (a) consult or confer with the witness regarding the substance of the witness’s testimony already given, or anticipated to be given, except for the purpose of conferring on whether to assert a privilege against testifying or on how to comply with a court order; or (b) suggest to the witness the manner in which any questions should be answered.

Summary: Direct examination counsel cannot consult with witness during cross-examination except for privilege or court order compliance.

Judge Noël Wise

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Witness availability ?
Must include: next witness ready

Parties should always have their next witness ready and available in the Courthouse. If a party does not have a witness ready, that party’s trial time will still be running for the day, or the party will have deemed to have rested.

Summary: Parties must have next witness ready; trial time continues or party deemed to have rested if not.

Judge Noël Wise

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Joint discovery letter ?

No exhibits may be submitted with the letter other than any discovery request or response that is the subject of the letter.

Summary: Only discovery requests or responses may be attached as exhibits to the joint discovery letter.

Judge P. Casey Pitts

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Exhibits ?
Must include: paper copies

The parties should plan to make such paper copies available for the Court’s use if requested.

Summary: Paper copies of exhibits must be available if requested.

Judge P. Casey Pitts

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Brief

Objections to evidence must be contained within the objecting party’s brief. Judge Pitts does not consider objections filed as a separate pleading.

Summary: Evidentiary objections must be included in the party's brief, not filed as a separate document.

Judge P. Casey Pitts

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Separate statement

Upon filing any motion for summary judgment, the moving party shall provide a Separate Statement of Undisputed Facts to all other parties in a word-processing format. The statement should not be filed on the docket at that time.

Summary: Moving party must provide separate statement in word-processing format to all parties; statement should not be filed on docket initially.

Judge P. Casey Pitts

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Separate statement ?

The initial statement shall be no more than 15 pages and must be organized as identified in Attachment A.

Summary: Initial separate statement must be organized as identified in Attachment A.

Judge P. Casey Pitts

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Separate statement response ?

The response should add no more than five (5) pages to the statement and must be organized as identified in Attachment A.

Summary: Response to separate statement must be organized as identified in Attachment A.

Judge P. Casey Pitts

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Separate statement reply ?

The reply shall not introduce any new asserted material facts, and shall add no more than three (3) pages to the statement.

Summary: Reply to separate statement must not introduce new asserted material facts.

Judge P. Casey Pitts

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Separate statement

The separate statement shall not include any supporting argument or be used to circumvent applicable page limits. Facts that are not cited in the summary judgment briefs will not be considered.

Summary: Separate statement must not contain argument; facts not cited in briefs will not be considered.

Judge P. Casey Pitts

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Separate statement

Summary: Each separate statement must include an attestation signed by counsel or unrepresented party with specific language.

Judge P. Casey Pitts

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Joint pretrial statement

Summary: Joint Pretrial Statement and Order must include specific recital above signature lines.

Judge Richard Seeborg

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Proposed findings conclusions ?

The findings of fact shall set forth in simple declarative sentences, separately numbered, all factual contentions relied upon by the party in support of its claims for relief or defenses and shall be free of pejorative language and argument. Conclusions of law shall be supported by appropriate citation to legal authority.

Summary: Proposed findings must be in simple declarative sentences, separately numbered, free of pejorative language; conclusions must cite legal authority.

Judge Richard Seeborg

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Deposition designation ?

A copy of the designated deposition testimony with page and line references, or the interrogatory response or admission shall be provided.

Summary: Deposition designations must include a copy with page and line references.

Judge Richard Seeborg

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Class action settlement ?

Summary: Court disfavors injunctions of other litigation; requires explanation if sought

Judge Rita F. Lin

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Motion to designate additional terms ?
Must include: certificate of service ?

Summary: Request for more than ten claim construction terms requires good cause and must be filed two weeks before deadline.

Judge Rita F. Lin

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Joint proposed case description ?
Must include: avoid indictment and us code ?

Again, the description of the case should not refer to the indictment or to the United States Code unless there's a compelling reason to do so.

Summary: Case description should not mention indictment or US Code unless compelling reason

Judge Rita F. Lin

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Joint proposed jury instructions ?
Must include: avoid indictment and us code ?

The proposed jury instructions should not mention the indictment or the United States Code unless there's a compelling reason to do so. The instructions can simply refer to the defendant as having been charged in "Count One" with X, in "Count Two" with Y, and so forth.

Summary: Jury instructions should not mention indictment or US Code unless compelling reason

Judge Rita F. Lin

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Proposed supplemental juror questionnaire ?

However, no argument may be included in this submission.

Summary: No argument may be included in the proposed supplemental juror questionnaire submission.

Judge Rita F. Lin

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Proposed jury instructions

The parties shall file a joint set of proposed jury instructions, arranged in the order the parties propose the Court give the instructions.

Summary: Parties must file a joint set of proposed jury instructions arranged in proposed order.

Judge Rita F. Lin

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Proposed jury instructions ?

The parties should use the Ninth Circuit Model Jury Instructions where possible. Any modifications to a form instruction must be plainly identified by highlighting or tracked changes.

Summary: Parties should use Ninth Circuit Model Jury Instructions; modifications must be highlighted or tracked.

Judge Rita F. Lin

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Proposed jury instructions ?

Instructions upon which the parties agree shall be identified as "Stipulated Instruction No. ____ Re ___________," with the blanks filled in as appropriate.

Summary: Agreed instructions must be labeled as Stipulated Instruction No. __ Re __.

Judge Rita F. Lin

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Proposed jury instructions ?

If the parties disagree on an instruction, each party's proposed version of the disputed instruction shall be provided and identified as "Disputed Instruction No. ____ Re ____________ Offered by _________________," with the blanks filled in as appropriate. All proposed versions of the same instruction shall bear the same number. Following each set of proposed versions of a disputed instruction, each party shall explain, in no more than one page, why the Court should give that party's proposed instruction.

Summary: Disputed instructions must be labeled with party name, same number, and each party must provide an explanation.

Judge Rita F. Lin

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Proposed jury instructions ?

If the parties dispute whether a particular instruction should be given at all, the proponent of the instruction shall provide proposed language, identified as "Disputed Instruction No. ____ Re ____________ Offered by _________________," with the blanks filled in as appropriate. Following the disputed instruction, each party shall explain, in no more than one page, why the instruction should or should not be given.

Summary: If parties dispute whether an instruction should be given, proponent must provide proposed language with naming convention, and each party must provide a one-page explanation.

Judge Rita F. Lin

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Exhibit list ?
Must include: caption, judge name, case number ?

Failure to comply with this paragraph could be deemed a waiver of all objections. Do not submit blanket or boilerplate objections to the opposing party’s exhibits; those will be disregarded and overruled.

Summary: Failure to comply with exhibit list requirements may waive objections.

Judge Rita F. Lin

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Case management statement ?
Must include: esi meet and confer, esi guidelines reviewed ?

Parties must also review in detail the Northern District’s electronically stored information (“ESI”) guidelines and checklist for Rule 26(f) conferences, which are available at https://cand.uscourts.gov/eDiscoveryGuidelines. The Court discourages deviation from the ESI guidelines absent good cause. Failure to meet and confer regarding the required topics prior to the initial case management conference, including ESI, may, in the reasonable exercise of the Court’s discretion, result in sanctions or disciplinary action.

Summary: Parties must review ESI guidelines and meet/confer on ESI topics before initial case management conference.

Judge Trina L. Thompson

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Case schedule ?
Must include: justify longer pretrial periods ?

Counsel requesting longer pretrial periods must be prepared to justify that request at the initial case management conference.

Summary: Counsel must justify requests for longer pretrial periods at initial case management conference.

Judge Trina L. Thompson

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Motion ?

Joint statements of undisputed facts are not required but are helpful if completely agreed upon. Separate statements of undisputed facts may not be filed.

Summary: Joint statements of undisputed facts are optional but helpful; separate statements not permitted.

Judge Trina L. Thompson

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Demonstrative exhibit

Demonstrative exhibits, PowerPoints, visual aids that are duplicative of the arguments made in the parties' claim construction briefs are strongly discouraged.

Summary: Duplicative visual aids are strongly discouraged for claim construction.

Judge Trina L. Thompson

We could not find this wording in the court's document. Open the source before relying on it.WARNING?

Civil cases

Exhibits must be marked in accordance with paragraphs 16–18 of this Order.

Machine summary

Exhibits must be marked as required by paragraphs 16–18 of the Order.

Judge Trina L. Thompson Official source

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Applies to: Pretrial disclosure ?

All witnesses and citations not identified are subject to exclusion in the reasonable exercise of the Court’s discretion.

Summary: The Court may exclude witnesses and evidence citations that were not identified, in its reasonable discretion.

Judge Trina L. Thompson

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Applies to: Motion in limine

Motions should be clearly identified as “___________’s Motion in Limine No. __ Re:

Summary: Motions in limine should use the specified title format.

Judge Trina L. Thompson

We could not find this wording in the court's document. Open the source before relying on it.WARNING?

Civil cases

Machine summary

Deposition designations must include specified copied pages, omit nonproffered material and unnecessary objections or colloquy, interlineate corrections, and use trial exhibit numbers.

Judge Trina L. Thompson Official source

We could not find this wording in the court's document. Open the source before relying on it.WARNING?

Civil cases

Please designate responses to requests for admissions and interrogatory answers in the same manner and under the same timetable as depositions.

Machine summary

Responses to requests for admissions and interrogatory answers must be designated using the deposition procedure and timetable.

Judge Trina L. Thompson Official source

We could not find this wording in the court's document. Open the source before relying on it.WARNING?

Civil cases

Proposed jury instructions, voir dire questions, verdict forms, and proposed statements of the case should not be submitted in cases tried to the bench.

Machine summary

For bench trials, proposed jury instructions, voir dire questions, verdict forms, and proposed statements of the case should not be submitted.

Judge Trina L. Thompson Official source

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Applies to: Portable media

The portable media shall be clearly labeled with Judge Thompson’s name and the case number.

Summary: Portable media used for courtesy copies must be clearly labeled with Judge Thompson’s name and the case number.

Judge Trina L. Thompson

We could not find this wording in the court's document. Open the source before relying on it.WARNING?

Civil cases

Motions should be clearly identified as “___________’s Motion in Limine No. __ Re: ____________.”

Machine summary

Motions in limine should use the specified title format.

Judge Trina L. Thompson Official source

We could not find this wording in the court's document. Open the source before relying on it.WARNING?

Civil cases

Unless otherwise ordered by the Court, a stipulated dismissal will be required.

Machine summary

Unless the Court orders otherwise, a stipulated dismissal is required.

Judge Trina L. Thompson Official source

We could not find this wording in the court's document. Open the source before relying on it.WARNING?

Civil cases

Proposed jury instructions, voir dire questions, verdict forms, and proposed statements of the case should not be submitted in cases tried to the bench.

Machine summary

Proposed jury instructions, voir dire questions, verdict forms, and statements of the case should not be submitted in bench trials.

Judge Trina L. Thompson Official source

Not confirmed. Read the court's wording below.WARNING?

Civil cases

Applies to: Joint pretrial statement and proposed order

If the list is voluminous, Section (l) should be attached as an appendix to the joint pretrial statement and proposed order.

Summary: If the discovery-response evidence list is voluminous, Section (l) should be attached as an appendix to the joint pretrial statement and proposed order.

Judge Trina L. Thompson

We could not find this wording in the court's document. Open the source before relying on it.WARNING?

Civil cases

Motions should be clearly identified as “___________’s Motion in Limine No. __ Re: ____________.”

Machine summary

Motions in limine should use the specified title format.

Judge Trina L. Thompson Official source

We could not find this wording in the court's document. Open the source before relying on it.WARNING?

Civil cases

Unless otherwise ordered by the Court, a stipulated dismissal will be required.

Machine summary

Unless the Court orders otherwise, a stipulated dismissal is required.

Judge Trina L. Thompson Official source

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Emergency motion ?

When a party files an application for a temporary restraining order or other emergency relief, the opposing party should not file a response unless instructed to do so by the Court. The Court will almost never grant such an application without requesting a response from the opposing party.

Summary: Opposing party should not respond to TROs or emergency relief unless instructed by Court.

Judge Vince Chhabria

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Motion
Must include: local rule certificate ?

Plaintiffs’ counsel are warned that they may only have one chance to seek class certification. If a plaintiff grossly overreaches on a motion for class certification, thereby forcing a defendant to waste significant time and money respond to a motion that had virtually no chance of being granted in the first place, the Court will be far less likely to allow a renewed motion.

Summary: Only one chance to seek class certification; overreaching may prevent renewal.

Judge Vince Chhabria

Machine summary. Not checked yet.WARNING?

Applies to: Emergency application ?

Summary: Opposing party should not respond to emergency applications unless instructed by the Court.

Judge Vince Chhabria

Machine summary. Not checked yet.WARNING?

Applies to: Motion

Summary: Proposed orders not required for most substantive motions.

Judge Vince Chhabria

Machine summary. Not checked yet.WARNING?

Applies to: Brief

When citing exhibits (including deposition testimony), briefs should identify the declaration to which the exhibit is attached, the letter or number of the exhibit, and the relevant page number (for example: “Smith Decl., Ex. 1, at 22”).

Summary: Exhibits must be cited with declaration name, exhibit letter/number, and page number.

Judge Vince Chhabria

Machine summary. Not checked yet.WARNING?

Applies to: Motion for attorneys fees

The Court will make parties re-send notices if the motion for attorneys’ fees is filed late, which can be quite expensive.

Summary: Late attorneys' fees motion requires re-sending notices at parties' expense.

Judge Vince Chhabria

Machine summary. Not checked yet.WARNING?

Applies to: Settlement agreement ?

Summary: Must address redistribution of unclaimed funds or explain absence.

Judge Vince Chhabria

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Jury instructions

The proposed jury instructions should not mention the indictment or the United States Code unless there's a compelling reason to do so.

Summary: Jury instructions should not mention indictment or U.S. Code unless compelling reason exists.

Judge Vince Chhabria

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Case description ?

Again, the description of the case should not refer to the indictment or to the United States Code unless there’s a compelling reason to do so.

Summary: Case descriptions should not refer to the indictment or United States Code unless a compelling reason exists.

Judge Vince Chhabria

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Involved individual list ?

The list should include counsel, the defendant or defendants, potential witnesses, and any other people significantly involved in the case.

Summary: Involved individual lists must include counsel, defendants, potential witnesses, and other significantly involved people.

Judge Vince Chhabria

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Jury exhibit notebook ?
Must include: prior court permission ?

Exhibit notebooks for the jury will not be permitted without prior permission from the Court.

Summary: Jury exhibit notebooks require prior court permission.

Judge Vince Chhabria

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Jury instructions

The proposed jury instructions should not mention the indictment or the United States Code unless there's a compelling reason to do so.

Summary: Proposed jury instructions should not mention indictment or U.S. Code unless compelling reason exists.

Judge Vince Chhabria

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Trial preparation ?
Must include: safety measures ?

The parties shall tape extension cords to the carpet for safety.

Summary: Extension cords must be taped to carpet for safety.

Judge Vince Chhabria

Machine summary. Not checked yet.WARNING?

Applies to: Motion

Proposed orders are not required for motions filed pursuant to Civil L.R. 7-2, except for motions seeking injunctive relief.

Summary: Proposed orders are not required for motions under Civil L.R. 7-2, except for injunctive relief motions.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.WARNING?

Applies to: Amended pleading

If a party files an amended pleading, it must file as an attachment a redline comparing the amended pleading against the last pleading.

Summary: Amended pleadings must include a redline comparison to the prior pleading.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.WARNING?

Applies to: Protective order
Must include: proposed order

If parties believe a protective order is necessary, they shall when practicable use one of the model protective orders, available at https://cand.uscourts.gov/rules-forms-fees/northern-district-guidelines/model-protective-orders. When parties ask the Court to approve a stipulated protective order, they must file with the proposed order either (i) a statement in which they confirm that the proposed protective order doesn't differ in any respect from the model protective order, or (ii) a statement identifying each difference and explaining why the difference is necessary.

Summary: Parties should use model protective orders and must file a statement confirming no differences or explaining any differences.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Motion in limine opening brief ?

All of a party’s in limine motions must be included in its opening brief

Summary: All of a party's motions in limine must be included in a single opening brief.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Technology request ?
Must include: proposed order

The parties must file a written request and proposed order no later than seven days prior to the beginning of trial if they wish to bring any such technology into the Courthouse.

Summary: Parties must file a written request and proposed order at least 7 days before trial to bring additional technology into the courtroom.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Witness exhibit binder
Must include: exhibit list ?

At trial, the parties shall provide individual witness exhibit binders which contain all the exhibits the parties expect to use with the witness. The parties shall provide two copies of each witness binder: one for the witness and one for the Court.

Summary: Parties must provide individual witness exhibit binders with two copies: one for the witness and one for the Court.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Exhibits
Must include: exhibit list ?

Counsel must consult with each other and with the deputy clerk at the end of each trial day and compare notes as to which exhibits are in evidence and any limitations thereon. If there are any differences, counsel should bring them promptly to the Court's attention. Before closing arguments, counsel must confer with the deputy clerk to make sure the exhibits in evidence are in good order.

Summary: Counsel must consult daily with each other and the deputy clerk to reconcile exhibits in evidence, and confer before closing arguments to ensure exhibits are in order.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Confidential statement

Summary: Defendant must file a confidential statement at least 7 days before the settlement conference if it intends to assert inability or unwillingness to pay monetary compensation.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Settlement conference statement

The Settlement Conference Statement shall include at least the following: a. A brief statement of the facts of the case. b. A brief statement of the claims and defenses including, but not limited to, statutory or other grounds upon which the claims are founded, and a candid evaluation of the parties’ likelihood of prevailing on the claims and defenses; and a description of the major issues in dispute. c. A summary of the proceedings to date and any pending motions. d. The relief sought. e. Any discrete issue that, if resolved, would facilitate the resolution of the case. f. The party’s position on settlement, including present demands and offers and a history of past settlement discussions. g. A list of who will attend the Settlement Conference on behalf of each side, including counsel and insurance representatives.

Summary: Settlement Conference Statement must include statement of facts, claims/defenses, proceedings summary, relief sought, key issues, settlement position, and attendee list.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Privilege log ?

Failure to furnish this information promptly may be deemed a waiver of the privilege or protection.

Summary: Failure to provide required privilege log information may result in waiver.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Case management statement ?

For all initial case management conferences, the joint statement must comply with the Standing Order for All Judges of the Northern District of California, available here. For further case management conferences, the joint statement need only address matters that the parties wish to discuss and matters that have changed since the last conference.

Summary: Initial case management joint statements must comply with the district standing order, while further conference statements need only address desired discussion points and changed matters.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Privilege log ?

Failure to furnish this information promptly may be deemed a waiver of the privilege or protection.

Summary: Untimely privilege-log disclosures may result in waiver of privilege or protection.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.WARNING?

Applies to: Pleading

Where a plaintiff seeks review of a decision by the Commissioner of Social Security denying plaintiff Social Security benefits, the parties should use only the initials of the plaintiff in their pleadings to protect the plaintiff's privacy.

Summary: Social Security cases must use plaintiff initials only in pleadings to protect privacy.

Magistrate Judge Joseph C. Spero

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Settlement conference statement ?

All references to exhibits should cite to specific page numbers.

Summary: Exhibits must be cited to specific page numbers.

Magistrate Judge Kandis A. Westmore

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Motion ?

(c) Parties shall not include entire deposition transcripts as exhibits to their filings unless necessary. Parties shall instead provide only the relevant excerpts and a copy of the reporter’s certification.

Summary: Do not include entire deposition transcripts as exhibits; provide only relevant excerpts with reporter’s certification.

Magistrate Judge Kandis A. Westmore

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Jury instructions
Must include: table of contents

The parties must file joint instructions, using model instructions when possible, in the order that they should be given, and include separate proposed preliminary instructions and final instructions. They must submit word copies to lbpo@cand.uscourts.gov. The instructions must include a table of contents and be supported by citations to the authority for the instruction (e.g., to the Ninth Circuit Model Jury Instructions or CACI).

Summary: Joint jury instructions must include a table of contents, be supported by citations, and word copies must be emailed to lbpo@cand.uscourts.gov.

Magistrate Judge Laurel Beeler

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Jury instructions ?

If undisputed, an instruction must be labeled 'Stipulated Instruction.' If disputed, the parties' versions must bear the same instruction number, be labeled with the sponsoring party's name, and be inserted back to back in the logical place in the overall sequence. If the opposing party does not have a counter instruction and instead contends that no instruction should be given, the party must say so in a separate page inserted in lieu of the alternate instruction.

Summary: Undisputed instructions labeled 'Stipulated Instruction'; disputed instructions labeled with party name and same number; if no counter instruction, insert separate page stating no instruction should be given.

Magistrate Judge Laurel Beeler

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Jury instructions ?

If the parties modify a model instruction, they must identify the modification clearly in a blackline and include the model instruction in the packet.

Summary: Modified model instructions must include a blackline showing changes and the original model instruction.

Magistrate Judge Laurel Beeler

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Preliminary instructions

The parties must include a short statement of the case to be read to the jury during voir dire as part of the preliminary instructions.

Summary: Preliminary instructions must include a short statement of the case to be read during voir dire.

Magistrate Judge Laurel Beeler

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Memorandum of law

Each party must file a memorandum of law — organized by instruction number — regarding disputed jury instructions.

Summary: Each party must file a memorandum of law on disputed jury instructions, organized by instruction number.

Magistrate Judge Laurel Beeler

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Trial exhibits ?

The parties must lodge a hard copy of the exhibits labeled 'Chambers Copy' with any updated (and filed) exhibit list in each binder.

Summary: A hard copy of exhibits labeled 'Chambers Copy' must be lodged with the updated exhibit list in each binder.

Magistrate Judge Laurel Beeler

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Exhibits

Before submitting exhibit lists and binders, counsel must meet and confer to establish usable numbering conventions and eliminate duplicate exhibits. Use numbers only, and if possible, exhibit numbers should be the same numbers used in depositions. Otherwise, the deposition transcript must be conformed to the new exhibit number to avoid jury confusion and to ensure that every exhibit has a unique number. Blocks of numbers should be assigned to fit the needs of the case: e.g., Plaintiff has 1 to 99, Defendant A has 100 to 199, Defendant B has 200 to 299, et cetera. All exhibits must be marked 'Trial Exhibit No.,' not Plaintiff's Exhibit or Defendant's Exhibit. A single exhibit must be marked just once. The exhibit tag must be in the following form and must be affixed on or near the lower right-hand corner if possible and on the back if it is not.

Summary: Counsel must meet and confer on exhibit numbering conventions; use numbers only, preferably same as deposition numbers; assign blocks; mark exhibits as 'Trial Exhibit No.'; affix tag on lower right corner or back.

Magistrate Judge Laurel Beeler

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Deposition designation packet ?

To designate deposition testimony, counsel must photocopy the cover page, the page where the witness is sworn, and each page with any proffered testimony (with lines through testimony not proffered). Counsel must put lines through objections or colloquy unless they are needed to understand the question. Any corrections (including conforming exhibit numbers to trial exhibit numbers) must be done by hand. The finished packet must be the script that allows smooth presentation of the witness, the oath, and the testimony.

Summary: Deposition designation packet must include cover page, oath page, testimony pages with lines through non-proffered testimony and unnecessary objections/colloquy, and hand corrections.

Magistrate Judge Laurel Beeler

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Deposition designation packet review ?

Reviewing parties must promptly review the packet and highlight in yellow any passages objected to and write in the margin the legal basis for the objections. If a completeness objection is made, the objecting party must insert the additional passages needed to cure the completeness objection. Such additions must be highlighted in blue, and an explanation for the inclusion must be legibly handwritten in the margin. Counsel must line out any irrelevant portions of the additional pages. Reviewing counsel must return the packets to the proffering party to consider whether to accept the adjustments.

Summary: Reviewing counsel must highlight objections in yellow, completeness objections in blue, and return packets to proffering party.

Magistrate Judge Laurel Beeler

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Proposed findings conclusions ?

Proposed findings of fact must be supported by citations to the evidence that will be offered at trial. Conclusions of law that rely on substantive-law instructions from the Ninth Circuit Manual of Model Jury Instructions, CACI, or other model instructions must be cited, any modifications must be identified, and copies of the model and blacklined modified instructions must be attached. All conclusions of law — disputed or undisputed — must be supported by citation (including pin cites) in the format used by the Ninth Circuit Manual.

Summary: Proposed findings of fact must cite evidence; conclusions of law must cite model instructions, identify modifications, attach model and blacklined copies, and use pin cites in Ninth Circuit format.

Magistrate Judge Laurel Beeler

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Brief

Counsel and parties appearing without legal representation are responsible for providing complete and accurate representations in any submission to the Court to the extent required by Rule 11 of the Federal Rules of Civil Procedure, the California Rules of Professional Conduct, and any other applicable legal or ethical guidance. Parties are not categorically prohibited from using any sort of lawful technological assistance in researching or drafting briefs, including artificial intelligence (AI) tools that assist in the preparation of material for submission to the Court. That said, attorneys and unrepresented parties must understand the limitations of any tools that they use, and they remain fully responsible for the final products they submit to the Court. The Court will impute any errors by computer-based tools to the attorney or unrepresented party whose signature appears on the document containing those errors. Failure to verify the accuracy of briefs, and particularly the accuracy of citations to law and evidence, may be grounds for sanctions and/or striking a filing.

Summary: AI tools permitted but parties remain responsible for accuracy and may face sanctions for errors.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Deposition
Must include: mutual consultation ?

Absent extraordinary circumstances, counsel shall consult in advance with opposing counsel and unrepresented proposed deponents to schedule depositions at mutually convenient times and places.

Summary: Depositions must be scheduled at mutually convenient times absent extraordinary circumstances.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.WARNING?

Applies to: Joint statement ?

The parties may not attach declarations, exhibits, or proposed orders to the statement absent leave of Court.

Summary: No declarations, exhibits, or proposed orders may be attached to joint statement without leave of Court.

Magistrate Judge Nathanael Cousins

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Confidential settlement statement

Each Party’s Confidential Settlement Statement shall include the following: 1. Separately for each principal claim and defense, a brief, forthright evaluation of the strengths and weaknesses and likelihood that the Party submitting the Confidential Settlement Statement will prevail. Citations to any key legal authorities relied upon by the Parties as part of this evaluation shall be provided. 2. An estimate of out-of-pocket expenses, attorneys' fees, and time: (a) spent to date and (b) to be expended for further discovery, pretrial preparation, and trial. If plaintiff seeks attorneys' fees and costs, counsel shall be prepared at the Settlement Conference to provide sufficient information to enable the fee claim to be evaluated for settlement purposes. 3. A history of any ongoing or past settlement discussions (without revealing communications, if any, whose disclosure to a settlement judge is prohibited by applicable law), a description of the principal impediments (factual, legal, or other) to reaching agreement to date, and the reasons the Parties' assessments of the settlement value of the case differ. 4. A realistic settlement figure or terms (including any non-monetary terms) that, given all the circumstances, the Party submitting its Confidential Settlement Statement would consider seriously. 5. Where the Party is insured or is a governmental entity, any foreseeable barriers to insurance coverage or approval of a proposed settlement, or special concerns that the insurer or governmental entity has raised or could foreseeably anticipate to be a topic of discussion. 6. A brief discussion of any of the subjects identified in Section B of this Order which that Party believes would be significant in the settlement dynamic.

Summary: Confidential Settlement Statements must include six specific content elements: case evaluation, expense estimate, settlement discussion history, realistic settlement figure, insurance/government barriers, and discussion of Section B subjects.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Deposition ?

A Party or counsel may be subject to sanctions if they abuse this emergency discovery dispute process, or if they consistently impede, or otherwise unreasonably delay, the fair examination of a deponent.

Summary: Abuse of emergency discovery dispute process or unreasonable delay may result in sanctions.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Deposition ?
Must include: designation of counsel ?

Absent agreement of the Parties, or unless otherwise ordered by the Court, each Party should designate one attorney to conduct that Party’s examination of a fact witness deponent.

Summary: Each party should designate one attorney to conduct witness examination unless otherwise agreed or ordered.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Letter

The joint letter may not be accompanied by exhibits or affidavits other than exact copies of interrogatories, requests for production of documents and/or responses, privilege logs, and relevant deposition testimony.

Summary: Discovery dispute joint letters may only include specific exhibits (interrogatories, requests/responses, privilege logs, deposition testimony).

Magistrate Judge Robert M. Illman

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Motion

Any party seeking an award of attorney fees or other expenses as sanctions in connection with a discovery dispute shall file a separate motion as required by Civil L.R. 37-3.

Summary: Attorney fee sanctions in discovery disputes require a separate motion.

Magistrate Judge Robert M. Illman

Machine summary. Not checked yet.WARNING?

Applies to: Motion for summary judgment ?

Separate statements of undisputed facts will not be considered by the Court.

Summary: Separate statements of undisputed facts will not be considered.

Magistrate Judge Sallie Kim

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Exhibit

Summary: Demonstrative exhibits must be exchanged 48 hours before hearing.

Magistrate Judge Sallie Kim

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Joint pretrial statement

At least 21 days before the Pretrial Conference, the parties must file in ECF a Joint Pretrial Statement that includes as attachments the items listed below. All items must be in text-searchable PDF format. A. Proposed Order Re: Trial Stipulations ... B. Jury or Bench Trial ... C. Witness List ... D. Expert Witness List ... E. Exhibit List ...

Summary: Joint Pretrial Statement must include Proposed Order, jury/bench notification, witness list, expert witness list, and exhibit list with specific formatting.

Magistrate Judge Susan van Keulen

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Discovery dispute letter ?

The Court does not want to read the parties’ discovery-related correspondence.

Summary: Discovery-related correspondence should not be included in discovery dispute letters

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Discovery dispute letter

A single joint discovery dispute letter should address only one discrete issue or a few issues that are closely related.

Summary: Discovery dispute letters should address only one discrete issue or closely related issues

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Discovery dispute letter

Multiple joint discovery dispute letters may be filed following a single conference of lead counsel if multiple discrete disputes remain unresolved, but parties should not use multiple letters to avoid the word limits set forth above.

Summary: Multiple discovery dispute letters may be filed for separate disputes but not to avoid word limits

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Discovery dispute letter

Unjustified delay or refusal to participate meaningfully in the conference of lead counsel or in the preparation of the joint discovery dispute letter may be grounds for entry of an order adverse to the delaying or non-participating party or other appropriate sanctions.

Summary: Failure to participate in discovery dispute process may result in adverse orders or sanctions

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Confidential settlement letter ?

The confidential letter should not be served on any other party.

Summary: Confidential Settlement Letter must not be served on other parties.

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Settlement conference statement ?

The statement should not be filed.

Summary: Settlement Conference Statement must not be filed on ECF.

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Confidential settlement letter ?

The letter should not be filed.

Summary: Confidential Settlement Letter must not be filed on ECF.

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.WARNING?

Applies to: Joint pretrial statement ?

The parties should not submit proposed jury instructions that cover standard preliminary instructions or standard closing instructions.

Summary: Standard preliminary and closing instructions should not be submitted as proposed jury instructions.

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Trial brief

Trial briefs in jury cases are optional and are most helpful to the Court on any controlling issues of law. They must be filed at least 7 days prior to the commencement of trial.

Summary: Trial briefs (optional) must be filed 7 days before trial commencement.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Opening statement
Must include: exhibits

Counsel must cooperate and meet and confer to exchange any visuals, graphics or exhibits to be used in the opening statements, allowing for time to work out objections and any reasonable revisions. Be prepared for opening statements as soon as the jury is sworn.

Summary: Counsel must meet and confer to exchange opening statement visuals/exhibits and resolve objections before trial.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Witness list ?
Must include: witness list ?

When there are multiple defendants, counsel are responsible for coordination of their cross-examination to avoid duplication.

Summary: Multiple defendants must coordinate cross-examination to avoid duplication.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Exhibit
Must include: caption ?

If an exhibit number differs from that used in a deposition transcript, however, then the latter must be conformed to the new trial number if and when the deposition testimony is read to the jury (so as to avoid confusion over exhibit numbers).

Summary: Deposition exhibit numbers must conform to trial exhibit numbers when testimony is read to jury.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Time tracking ?
Must include: time tracking ?

Counsel must keep track of everyone's usage.

Summary: Counsel must track all parties' time usage.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Settlement notice ?
Must include: timely written notice

Local rule 40-1 provides that jury costs may be assessed as sanctions for failure to provide the Court with timely written notice of a settlement.

Summary: Jury costs may be assessed for failure to provide timely written notice of settlement.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.WARNING?

Applies to: Protective order
Must include: model order

Summary: Protective orders should use model order; material differences require explanation and redline version.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Cross examination
Must include: coordination required ?

When there are multiple defendants, counsel are responsible for coordination of their cross-examination to avoid duplication.

Summary: Multiple defendants must coordinate cross-examination to avoid duplication.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Brief
Must include: objections to evidence

Objections to evidence shall be contained within the objecting party’s brief and shall not be filed as a separate pleading.

Summary: Objections to evidence must be included in the party's brief, not filed separately.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.WARNING?

Applies to: Notice ?
Must include: recusal bases ?

Parties are directed to inform the Court of any and all reasonable bases for recusal at the earliest possible date.

Summary: Parties must inform the Court of any reasonable bases for recusal as early as possible.

Senior Judge Edward M. Chen

Machine summary. Not checked yet.WARNING?

Applies to: Dispositive motions
Must include: hearing deadline ?

Last Day to Hear Dispositive Motions - 10 Thursday before Pretrial Conference

Summary: Last day to hear dispositive motions is 10 Thursdays before Pretrial Conference

Senior Judge Edward M. Chen

Machine summary. Not checked yet.WARNING?

Applies to: Dispositive motions
Must include: filing deadline ?

Las Day to File Dispositive Motions - 35 days before the hearing on dispositive motions

Summary: Last day to file dispositive motions is 35 days before hearing

Senior Judge Edward M. Chen

Machine summary. Not checked yet.WARNING?

Applies to: Expert discovery
Must include: closing date ?

Expert Discovery Closed - 21 days after rebuttal expert disclosure

Summary: Expert discovery closes 21 days after rebuttal expert disclosure

Senior Judge Edward M. Chen

Machine summary. Not checked yet.WARNING?

Applies to: Rebuttal expert disclosure
Must include: due date ?

Rebuttal Expert Disclosure - 21 days after expert disclosure

Summary: Rebuttal expert disclosure due 21 days after expert disclosure

Senior Judge Edward M. Chen

Machine summary. Not checked yet.WARNING?

Applies to: Objections
Must include: due date ?

Objections - 10 days before Pretrial Conference

Summary: Objections due 10 days before Pretrial Conference

Senior Judge Edward M. Chen

Machine summary. Not checked yet.WARNING?

Applies to: Joint pretrial conference statement
Must include: due date ?

Joint Pretrial Conference Statement / Trial Briefs - 21 days before Pretrial Conference

Summary: Joint Pretrial Conference Statement/Trial Briefs due 21 days before Pretrial Conference

Senior Judge Edward M. Chen

Machine summary. Not checked yet.WARNING?

Applies to: Non expert discovery
Must include: closing date ?

Non-Expert Discovery Closed - Thursday after 10 Thursdays before last day to hear dispositive motions

Summary: Non-expert discovery closes Thursday after 10 Thursdays before last day to hear dispositive motions

Senior Judge Edward M. Chen

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Deposition ?

A person may not instruct a deponent not to answer a question except when necessary to preserve a privilege, to enforce a limitation directed by the Court, or to present a motion under Federal Rule of Civil Procedure 30(d)(3).

Summary: Deponents may only be instructed not to answer to preserve privilege, enforce court order, or under FRCP 30(d)(3).

Senior Judge Edward M. Chen

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Deposition

Private conferences between deponents and their attorneys in the course of deposition are improper and prohibited except for the sole purpose of determining whether a privilege should be asserted.

Summary: Private conferences between deponents and attorneys during depositions are prohibited except for privilege determination.

Senior Judge Edward M. Chen

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Deposition ?

When a privilege is claimed, the witness should nevertheless answer questions relevant to the existence, extent, or waiver of the privilege, such as the date of the communication, who made the statement, to whom and in whose presence the statement was made, other persons to whom the contents of the statement have been disclosed, and the general subject matter of the statement, unless such information itself is privileged.

Summary: When privilege is claimed, witness must answer questions about privilege existence, extent, or waiver unless privileged.

Senior Judge Edward M. Chen

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Deposition ?

A party may be subject to sanctions if the party consistently impedes, or otherwise unreasonably delays, the fair examination of the deponent.

Summary: Parties may face sanctions for consistently impeding or unreasonably delaying fair examination of deponent.

Senior Judge Edward M. Chen

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Deposition designation packet ?

Summary: Deposition designation packets must include cover page, swearing page, all designated testimony pages, redacted objections and undesignated testimony, interlineated corrections, and conformed exhibit numbers.

Senior Judge Edward M. Chen

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Motion

All motions and oppositions to motions shall comply with Criminal Local Rule 47-2(b), which requires that motions “presenting issues of fact ... be supported by affidavits or declarations which comply with the requirements of Civil Local Rule 7-5.” Civil Local Rule 7-5, in turn, requires that “[f]actual contentions made in support of or in opposition to any motion must be supported by an affidavit or declaration and by appropriate references to the record.” Moreover, other evidence in support of or in opposition to any motion “must be appropriately authenticated by an affidavit or declaration.” That rule further requires that affidavits and declarations contain factual contentions only, avoiding conclusions and legal argument, and “conform as much as possible to the requirements of Federal Rule of Civil Procedure 56(e).” In accordance with Civil Local Rule 7-5, made applicable by Criminal Local Rule 47-2(b), any declaration or affidavit that does not comply with these requirements may be stricken.

Summary: Motions and oppositions must support factual contentions with affidavits/declarations; declarations must avoid legal argument; non-compliance may result in striking.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Reply brief

The Court does not permit reply briefs.

Summary: Reply briefs are not permitted for motions in limine.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Motion for summary judgment ?

Separate statements of undisputed facts will not be considered by the Court.

Summary: Separate statements of undisputed facts will not be considered.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Simplified statement of case ?

A simplified statement of the case to be read to the jury during voir dire and as part of the proposed jury instructions. Unless the case is extremely complex, this statement should not exceed one page.

Summary: A simplified statement of the case must be filed; it should not exceed one page unless extremely complex.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Pretrial order ?

A list of objections to each exhibit, in tabular form. The first column should describe the exhibit, the second column should set briefly set forth the basis of the objection, the third column should set forth a brief response thereto, and the fourth column should provide a space for the Court's ruling.

Summary: Pretrial order must include a tabular list of exhibit objections with columns for description, basis, response, and court ruling.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Settlement notice ?

Local Rule 40-1 provides that jury costs may be assessed as sanctions for failure to provide the Court with timely written notice of a settlement.

Summary: Failure to provide timely written notice of a settlement may result in jury cost sanctions.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Change of plea ?

An application for Entry of Plea (available at https://www.cand.uscourts.gov/criminalforms) is required only for open pleas.

Summary: An Application for Entry of Plea is required only for open pleas (not plea agreements).

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Exhibit objections list ?

A list of objections to each exhibit, in tabular form. The first column should describe the exhibit, the second column should briefly set forth the basis of the objection, the third column should set forth a brief response thereto, and the fourth column should provide a space for the Court’s ruling.

Summary: Exhibit objections list must be in tabular form with four columns: exhibit description, basis of objection, response, and space for court ruling.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.WARNING?

Criminal cases

Applies to: Application to enter plea ?

An application for Entry of Plea (available at https://www.cand.uscourts.gov/criminalforms) is required only for open pleas.

Summary: An Application for Entry of Plea is required only for open pleas.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Bias video objections ?
Must include: objections due at pretrial ?

Counsel and/or parties shall be prepared at the pretrial conference to discuss any objections to showing this video to potential jurors before the jury selection process.

Summary: Objections to bias video must be raised at pretrial conference.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Bias video objections ?
Must include: objections waived if not raised ?

Any objections to the video that are not raised at the pretrial conference will be deemed waived.

Summary: Objections to bias video waived if not raised at pretrial conference.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Joint claim construction statement

Summary: Parties must attach copies of all disputed patents to the joint claim construction statement and make prosecution history available upon request.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Motion for leave ?

If a party genuinely believes that it will require that more than approximately ten terms be construed, that party may move pursuant to Civ. L. R. 7-11 for leave to designate additional terms for construction. The requesting party must demonstrate good cause and explain why other methods of limiting the claims at issue (such as selecting representative claims or grouping claims by issues presented) would be ineffective.

Summary: Motion for leave must demonstrate good cause and explain why other methods of limiting claims are ineffective.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Claim construction brief

Claim construction briefs must address each disputed term, but only those that are truly disputed. The disputed terms must be addressed by both parties in the same order as they appear in the joint claim construction statement. Additionally, the parties shall advise the court terms disputed in the joint claim construction statement are no longer disputed in the briefs. And of course, the briefs may not address disputes that are not set forth in the joint claim construction statement.

Summary: Claim construction briefs must address only truly disputed terms in the same order as the joint statement and must notify the court if any terms are no longer disputed.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Reply brief

While the court encourages the parties to negotiate mutually agreeable constructions, the court discourages the parties from proposing new constructions for the first time in reply briefs or other filings which do not afford the opposing party an opportunity to respond. However, if it becomes necessary for a party to propose a different construction in its brief than that found in the joint claim construction statement, that party must clearly set forth the new construction and explain the basis for the change. Additionally, that party shall revise the joint claim construction statement, so that the court will have one document reflecting all current proposed constructions.

Summary: Parties are discouraged from proposing new constructions in reply briefs; if necessary, must clearly state new construction, explain basis, and revise joint statement.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Case management statement

In the case management statement to be filed 7 calendar days prior to the conference, the parties must address the following topics: a) anticipated post-claim construction discovery; b) the filing of dispositive motions; c) if willful infringement has been asserted, whether the allegedly-infringing party wishes to rely on the advice of counsel defense. If so, the parties should be prepared to address proposals for resolving any attorney-client privilege issues that arise, and whether the parties believe bifurcation of the trial into liability and damages phases would be appropriate; d) the progress of settlement discussions, if any; e) any other pretrial matters.

Summary: Case management statement must address specified topics including discovery, dispositive motions, willful infringement/advice of counsel, settlement, and other pretrial matters.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Declaration

Failure to file a joint statement shall be accompanied by a signed declaration setting forth the grounds for such failure. Failure to show good cause for such failure may subject the parties to sanctions.

Summary: If a joint statement is not filed, a signed declaration explaining the failure must be filed.

Senior Judge Susan Illston

Machine summary. Not checked yet.WARNING?

Applies to: Juror research ?
Must include: no follow requests, no friend requests, only publicly available sources ?

Other social media sites and features may only be used to view publicly available profiles, feeds, and posts. No 'follow requests,' 'friend requests,' or the like may be sent to any prospective juror on any social media site, regardless of whether a profile is public or private. The reason for this is that these requests constitute contact, and a prospective juror who uses these sites may be notified of the identity of anyone who sends such a request. This applies to Twitter, Facebook, Instagram, TikTok, SnapChat, Threads, and any other form of social media.

Summary: Only publicly available profiles may be viewed; no follow/friend requests allowed.

Senior Judge William H. Orrick

Machine summary. Not checked yet.WARNING?

Applies to: Joint case management statement

Failure to file a joint case management statement in compliance with the Civil Local Rules and the Standing Order for All Judges of the Northern District of California may result in the imposition of sanctions for such failure. Failure to show good cause for such failure may subject the parties to sanctions.

Summary: Failure to file joint case management statement may result in sanctions.

Senior Judge William H. Orrick

Machine summary. Not checked yet.WARNING?

Civil cases

Applies to: Class action settlement

Counsel are reminded to review and comply with the Northern District’s Procedural Guidance for Class Action Settlements available on the Court’s website at www.cand.uscourts.gov/ClassActionSettlementGuidance.

Summary: Class action settlements must comply with Northern District's Procedural Guidance.

Senior Judge William H. Orrick

Not confirmed. Read the court's wording below.INFO?

Civil cases

Applies to: Trial notice or subpoena ?

Trial notices and subpoenas for witnesses should be issued as necessary.

Summary: The parties should issue trial notices and witness subpoenas as necessary.

Chief Judge Yvonne Gonzalez Rogers

Not confirmed. Read the court's wording below.INFO?

Civil cases

Applies to: Audio video recording ?

The Court recommends that the parties confer in advance of the 28 days to discuss the issue and avoid duplicative costs.

Summary: The Court recommends that parties confer about audio/video recording designations before the 28-day deadline to avoid duplicative costs.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Case management statement
Must include: caption, case number ?

In cases involving litigants unrepresented by counsel, the parties may file separate case management statements.

Summary: Pro se litigants may file separate case management statements instead of joint statements.

Chief Judge Yvonne Gonzalez Rogers

Not confirmed. Read the court's wording below.INFO?

Applies to: Joint letter brief

If there are multiple disputes at issue, the parties may provide a list of disputes as part of their joint letter brief.

Summary: If multiple disputes are at issue, the parties may include a list of them in the joint letter brief.

Chief Judge Yvonne Gonzalez Rogers

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Proposed order

The Court also does not require electronic copies of proposed orders. If the Court requires electronic copies of a filing, it will specifically request it from the parties. Parties should not otherwise email amocrd@cand.uscourts.gov with electronic copies of filings.

Summary: Electronic copies of proposed orders are not required unless specifically requested by the Court.

Judge Araceli Martínez-Olguín

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Any submission ?
Must include: ai prompt records ?

Counsel is responsible for maintaining records of all prompts or inquiries submitted to any generative AI tools in the event those records become relevant at any point.

Summary: Counsel must maintain records of AI tool prompts/inquiries.

Judge Araceli Martínez-Olguín

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Preliminary statement ?

Unless the case is extremely complex, this statement should not exceed one paragraph.

Summary: The preliminary statement to the jury should not exceed one paragraph unless the case is extremely complex.

Judge Beth Labson Freeman

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Trial brief

Each side's trial brief.

Summary: Each side must file a trial brief.

Judge Charles R Breyer

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Deposition designation packet ?

Counsel for the proffering party must then assemble a final packet, including objections and responses to objections, and provide it to the Court at least two calendar days before the proffer will be used.

Summary: Final deposition packet must include objections and responses to objections.

Judge Charles R Breyer

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Proposed jury instruction ?

The Court generally prefers to use the instruction in the current edition of the Ninth Circuit Manual of Model Jury Instructions. Any deviance from the form instruction must be plainly identified.

Summary: Any deviation from the Ninth Circuit Model Jury Instructions must be plainly identified.

Judge Charles R Breyer

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Motion in limine

Usually, each party or side should not need to file more than five motions in limine.

Summary: Parties should not file more than five motions in limine.

Judge Edward M Chen

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Jury instructions

Finally, absent objection, the Court shall give the following jury instructions from the Ninth Circuit Manual of Model Civil Jury Instructions (2017 ed.): 1.3-1.5, 1.9-1.15, 1.17-1.18, 1.20-1.21, 3.1-3.3, 3.5.

Summary: Court will give specified model jury instructions absent objection.

Judge Edward M Chen

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Voir dire questions

Counsel may also submit for the Court’s consideration an agreed upon set of additional voir dire questions to be posed by the Court. Any voir dire questions on which counsel cannot agree may be submitted separately.

Summary: Counsel may submit agreed-upon additional voir dire questions; disputed questions may be submitted separately.

Judge Edward M Chen

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Trial brief

A trial brief is most helpful to the Court when it: (1) summarizes the party’s theory of the case, (2) identifies key evidence, and (3) provides summary briefing on any controlling issues of law.

Summary: Trial brief should summarize theory, identify key evidence, and provide summary briefing on controlling issues.

Judge Edward M Chen

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Case management conference
Must include: attorney authority ?

The attorney appearing at a case management conference must have full authority to make decisions about any issue that may come up during the conference but need not be lead counsel.

Summary: Attorney at case management conference must have full decision-making authority.

Judge Eumi K. Lee

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: All
Must include: ai disclosure ?

Counsel is responsible for maintaining records of all prompts or inquiries submitted to any generative AI tools in the event those records become relevant at any point.

Summary: Counsel must maintain records of all AI tool prompts and inquiries.

Judge Eumi K. Lee

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Protective order
Must include: base on model orders ?

Parties requesting a protective order are encouraged to base any proposed order on the model protective orders on the Northern District of California’s website (https://www.cand.uscourts.gov/forms/model-protective-orders/).

Summary: Protective order requests should be based on Northern District of California model orders.

Judge Eumi K. Lee

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Tutorial presentation ?

At the tutorial, each side will generally be permitted 45 minutes to present a short summary and explanation of the technology at issue. The patentee presents first. Non-argumentative demonstrations and visual aids are encouraged, and the Court generally prefers that someone other than counsel make the presentation. No argument will be permitted.

Summary: Tutorial allows 45 minutes per side for non-argumentative technology presentation; patentee presents first; demonstrations encouraged.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: General ?
Must include: caption ?

3. All hearings and appearances will be held in Courtroom 2 on the 4th Floor of the United States Courthouse, 1301 Clay Street, Oakland, California.

Summary: All hearings and appearances are held in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: General ?
Must include: caption ?

4. The criminal law and motion calendar is generally conducted at 2:00 p.m. on Wednesdays at the Oakland Courthouse. Pretrial conferences are generally conducted at 3:00 p.m. on Tuesdays.

Summary: Law and motion calendar at 2:00 p.m. Wednesdays; pretrial conferences at 3:00 p.m. Tuesdays.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: General ?
Must include: caption ?

5. Trials are generally conducted from 8:30 a.m. until 1:30 p.m., Monday through Friday, at the Oakland Courthouse. Please refer to this Court's Criminal Pretrial and Trial Standing Order for information regarding criminal trials.

Summary: Trials conducted 8:30 a.m. - 1:30 p.m., Monday through Friday at Oakland Courthouse.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: General ?

4. All in-person hearings and appearances will be held in Courtroom 2 on the 4th Floor of the United States Courthouse, 1301 Clay Street, Oakland, California.

Summary: All in-person hearings held in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Case management conference

5. Civil case management conferences are generally conducted via Public Zoom Webinar on Tuesdays at 2:00 p.m.

Summary: Civil case management conferences held via Zoom Webinar on Tuesdays at 2:00 p.m.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Pretrial conference

6. Civil pretrial conferences are generally conducted in person on Tuesdays at 3:00 p.m.

Summary: Civil pretrial conferences held in person on Tuesdays at 3:00 p.m.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Motion

7. Civil motions are generally heard in person on Thursdays at 2:00 p.m.

Summary: Civil motions heard in person on Thursdays at 2:00 p.m.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: General ?

11. Litigants and lawyers may indicate their pronouns (e.g., she/her, he/him, they/their) and honorifics (e.g., Mr., Ms., Mx., Dr.) by filing a letter, adding the information in the name block or signature line of the pleadings, or verbally informing the Court when making an appearance.

Summary: Litigants/lawyers may indicate pronouns and honorifics in letter, pleadings, or verbally.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Jury instructions

Summary: Parties must include proposed text for all jury instructions, even agreed ones, and label agreed instructions as 'Stipulated Instruction'.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Jury instructions

Summary: Disputed jury instructions must be labeled with same number and identified as 'Disputed Instruction' with party name.

Judge Haywood S. Gilliam Jr.

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Proposed order

The Court does not require electronic copies of proposed orders. If the Court requires electronic copies of a filing, it will specifically request it from the parties. Parties should not otherwise email jsccrd@cand.uscourts.gov with electronic copies of filings.

Summary: Electronic copies of proposed orders are not required unless specifically requested

Judge Jacqueline Scott Corley

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Motion in limine

No brief in support or opposition of a motion in limine may exceed 3 pages in length, and proposed orders need not be prepared. Reply briefs are not permitted.

Summary: Proposed orders are not required for motions in limine.

Judge James Donato

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Sentencing memorandum
Must include: encouraged ?

Although the parties are not required to file a Sentencing Memorandum except as set forth in Criminal Local Rule 32-5(b), the Court encourages the parties to submit a Sentencing Memorandum.

Summary: Sentencing Memoranda encouraged but not required.

Judge James Donato

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Case management conference ?

For parties without counsel, the party is expected to appear.

Summary: Pro se parties must appear at case management conference.

Judge James Donato

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Litigation anticipation ?

The Court expects that as soon as any party reasonably anticipates or knows of litigation, it will take the

Summary: Parties must take action upon reasonable anticipation of litigation.

Judge James Donato

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Joint case management statement
Must include: judge name, case number ?

In the section of the joint case management statement addressing “Other References,” the parties must indicate whether all parties consent to the jurisdiction of a magistrate judge. The parties are advised that they may jointly request assignment to a specific magistrate judge.

Summary: Joint case management statement must indicate consent to magistrate judge jurisdiction.

Judge Jon S Tigar

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Joint case management statement ?
Must include: judge name, case number ?

To the maximum extent feasible, parties must retain and produce files and records in their original form and sequence, including file folders, and the originals should remain available for inspection by any counsel on reasonable notice.

Summary: Parties must retain and produce files in original form and sequence for inspection.

Judge Jon S Tigar

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Joint case management statement ?
Must include: judge name, case number ?

Counsel must consult in advance with opposing counsel to schedule depositions at a mutually convenient time and location. Counsel and parties must comply with Rule 30(d)(1) of the Federal Rules of Civil Procedure. Speaking objections are prohibited. When privilege is claimed, the witness must answer questions relevant to the existence, extent, or waiver of the privilege unless such information is itself privileged.

Summary: Depositions require advance consultation; must follow Rule 30(d)(1); speaking objections prohibited.

Judge Jon S Tigar

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Joint case management statement ?
Must include: judge name, case number ?

Parties must review in detail the Northern District’s electronically stored information (“ESI”) guidelines and checklist for Rule 26(f) conferences, which are available at

Summary: Parties must review Northern District ESI guidelines and checklist for Rule 26(f) conferences.

Judge Jon S Tigar

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Telephonic appearance

Where feasible, parties must make telephonic appearances using a land line, rather than a mobile phone.

Summary: Telephonic appearances should use land lines when feasible.

Judge Jon S Tigar

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Trial brief

Trial briefs are optional, but any party wishing to file a trial brief must do so at least seven calendar days prior to the commencement of trial.

Summary: Trial briefs optional but due 7 days before trial if filed

Judge Jon S Tigar

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Joint case management statement
Must include: judge name, case number ?

Summary: Joint case management statement must indicate magistrate judge consent in “Other References” section.

Judge Jon S Tigar

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: All ?

The Court prefers Westlaw citations for unpublished opinions that are not included in the Federal Supplement, Federal Rules Decisions, or the Federal Appendix.

Summary: Westlaw citations preferred for unpublished opinions not in Federal Supplement, Federal Rules Decisions, or Federal Appendix.

Judge Jon S Tigar

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Joint case management statement

In the section of the joint case management statement addressing “Other References,” the parties must indicate whether all parties consent to the jurisdiction of a magistrate judge.

Summary: Joint case management statement must indicate whether all parties consent to magistrate judge jurisdiction.

Judge Noël Wise

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Filing
Must include: filing deadline

All filing deadlines are at 5:00 p.m. unless otherwise ordered.

Summary: Filing deadlines are 5:00 PM unless court orders otherwise.

Judge Noël Wise

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Witness management ?
Must include: no duplicate calls, cooperation required, out of order allowed ?

Parties shall cooperate with each other to schedule and produce witnesses. Witnesses may be taken out of order if necessary. Parties should make every reasonable effort to avoid calling a witness twice (as an adverse witness and later as a party’s own witness).

Summary: Parties must cooperate on witness scheduling; witnesses may be out of order; avoid calling witnesses twice.

Judge Noël Wise

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Case management conference ?
Must include: attorney appearance ?

The attorney appearing at a CMC need not be lead counsel but must have full authority to make decisions about any issue that may arise.

Summary: Attorney at CMC must have full authority to make decisions.

Judge P. Casey Pitts

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Settlement conference
Must include: prior adr completion ?

Cases will generally not be referred for a settlement conference with a magistrate judge unless the parties have already completed a different form of ADR.

Summary: Settlement conferences with magistrate judges require prior completion of ADR.

Judge P. Casey Pitts

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Amendment
Must include: rule 15 compliance ?

Rule 15 requires the Court to “freely give leave” to amend “when justice so requires.” Do not unreasonably withhold consent to amendment.

Summary: Do not unreasonably withhold consent to amendment under Rule 15.

Judge P. Casey Pitts

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Motion ?
Must include: westlaw citations preferred ?

Judge Pitts prefers Westlaw citations.

Judge P. Casey Pitts

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Joint appendix
Must include: joint appendix preferred ?

Submit a joint appendix of evidence if possible. Where each party relies on the same exhibit, cite an already filed exhibit rather than filing a duplicate.

Summary: Submit joint appendix of evidence if possible; cite existing exhibits instead of duplicates.

Judge P. Casey Pitts

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Joint discovery letter ?
Must include: seeking party prepares first ?

The side seeking relief from the Court should prepare its portion of the letter first, and then provide that to the opposing side so that the opposing side may prepare its response.

Summary: Seeking party prepares joint discovery letter first.

Judge Rita F. Lin

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Protective order
Must include: reference to model protective order ?

Parties requesting a protective order are encouraged to base any proposed order on the model protective orders on the Northern District’s website...

Summary: Protective orders should be based on model orders from court website.

Judge Rita F. Lin

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Motion

Summary: Proposed orders are only required for administrative motions, ex parte applications, discovery disputes, and factual findings.

Judge Rita F. Lin

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: All filings ?
Must include: ai disclosure ?

Summary: AI tools permitted but counsel must verify accuracy and bears ethical responsibility

Judge Rita F. Lin

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Class action procedure ?

The Court is of the view that this approach will often save a great deal of time and money and is therefore often in the defendant's interest, but it requires the defendant's consent, since a grant of summary judgment in the named plaintiff's favor could end up giving unnamed class members a chance to opt in to a lawsuit where a legal issue has already been decided against the defendant.

Summary: Court prefers liability summary judgment before class certification, but requires defendant consent

Judge Rita F. Lin

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Class action settlement ?

The Court conducts a searching inquiry at the preliminary approval stage to avoid the costs and pitfalls of proceeding to final approval of a settlement that is unlikely to satisfy Rule 23(e).

Summary: Court conducts searching inquiry at preliminary approval to avoid futile final approval

Judge Rita F. Lin

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Joint proposed case description ?
Must include: competing descriptions allowed ?

If the parties can't agree on a description, they may file one document with competing descriptions (but without any argument).

Summary: Competing case descriptions allowed without argument if parties disagree

Judge Rita F. Lin

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Trial equipment ?
Must include: share equipment when possible ?

Counsel should share equipment to the maximum extent possible.

Summary: Parties should share equipment to the maximum extent possible.

Judge Rita F. Lin

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Jury selection research ?
Must include: publicly available sources only, no contact with prospective jurors ?

The Court does not restrict the parties, their counsel, or any agent, consultant, investigator, or anyone working for them from conducting research regarding a prospective juror, so long as the research is done only from generally available sources (i.e., those that are publicly available or derive their information from publicly available sources, free or paid) and that there is no actual contact or any reasonable possibility of contact with a prospective juror.

Summary: Research on prospective jurors allowed from publicly available sources only, with no contact.

Judge Rita F. Lin

Machine summary. Not checked yet.INFO?

Applies to: Motion

Proposed orders are not necessary for most substantive motions, such as motions for summary judgment, motions to dismiss, or preliminary injunction motions.

Summary: Proposed orders are not required for substantive motions like summary judgment, dismissal, or preliminary injunction.

Judge Rita F. Lin

Machine summary. Not checked yet.INFO?

Applies to: Stipulation
Must include: proposed order

The parties may submit a stipulation and proposed order setting a briefing schedule for the cross-motions no later than 14 days before the hearing date.

Summary: Parties may submit a stipulation with proposed order for cross-motion briefing schedule by 14 days before hearing.

Judge Rita F. Lin

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Case management conference
Must include: full litigation schedule, proposed last day to amend pleadings ?

If a defendant files a motion to dismiss that is dispositive of the entire case, the parties may stipulate to vacate the initial case management conference, which will be reset by the Court after the motion to dismiss hearing. If the Court sets an initial case management conference while a motion to dismiss remains pending, the case management statement shall propose a full litigation schedule, including a proposed last day to amend pleadings.

Summary: Motion to dismiss dispositive of entire case may vacate initial case management conference.

Judge Rita F. Lin

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Jury instructions ?
Must include: judge name, case number ?

Judge Lin generally permits jury questions and gives the following instruction at the outset of the trial: "If, during the trial, you have a question that you believe should be asked

Summary: Judge Lin generally permits jury questions and gives specific instruction at trial outset.

Judge Rita F. Lin

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Jury research ?

Summary: Jury research allowed from public sources without contacting jurors.

Judge Rita F. Lin

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Prior statement ?
Must include: longer excerpt prepared ?

The Court may require you to read or play a longer excerpt to give the jury appropriate context, so be sure you are prepared to do so, including if you plan to play a recording.

Summary: Court may require longer excerpt for context when using prior statements or recordings.

Judge Rita F. Lin

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: General ?

Summary: Parties may self-identify pronouns and honorifics in filings or verbally.

Judge Trina L. Thompson

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Case management statement
Must include: separate statements allowed for pro se ?

In cases involving pro se litigants, the parties may file separate case management statements.

Summary: Pro se litigants may file separate case management statements.

Judge Trina L. Thompson

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Adr stipulation ?
Must include: adr default timing 90 days ?

The default timing for ADR is within 90 days of the initial case management conference.

Summary: Default ADR timing is within 90 days of initial case management conference.

Judge Trina L. Thompson

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Case management statement ?
Must include: adr dispute explanation ?

To the extent the parties cannot agree on form or timing, they should explain the dispute in the joint statement and be prepared to discuss it at the initial case management conference.

Summary: Disagreements on ADR form/timing must be explained in joint statement for conference discussion.

Judge Trina L. Thompson

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Case schedule ?
Must include: trial timing 18 to 24 months ?

Trials are approximately eighteen to twenty-four months from the initial management conference.

Summary: Trials are scheduled 18-24 months from initial case management conference.

Judge Trina L. Thompson

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Case schedule ?
Must include: pretrial conference 4 to 6 weeks before trial ?

Pretrial Conference is four to six weeks before trial.

Summary: Pretrial Conference is scheduled 4-6 weeks before trial.

Judge Trina L. Thompson

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Case schedule ?
Must include: trial within 12 months expected ?

The Court’s expectation is that many cases can and should be able to be tried within twelve months of the case management conference.

Summary: Court expects many cases to be tried within 12 months of case management conference.

Judge Trina L. Thompson

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Case management conference
Must include: court may vacate conference ?

After reviewing the parties’ case management conference statement, the court may vacate the conference and issue a case management order based on the parties’ statement.

Summary: Court may vacate conference and issue order based on parties' case management statement.

Judge Trina L. Thompson

Not confirmed. Read the court's wording below.INFO?

Civil cases

Applies to: Pretrial statement ?

The parties need not provide a list of citations to deposition designations or extracts from interrogatories or requests for admissions at the pretrial conference stage.

Summary: At the pretrial-conference stage, parties need not provide citations to deposition designations or extracts from interrogatories or requests for admissions.

Judge Trina L. Thompson

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Pleading

Parties and lawyers may indicate their pronouns (e.g., she/her, he/him, they/their) and honorifics (e.g., Mr., Ms., Mx., Dr.) by filing a letter, adding the information in the name block or signature line of the pleadings, or verbally informing the Court when making an appearance.

Summary: Parties may self-identify pronouns and honorifics in filings or verbally

Judge Trina L. Thompson

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Motion ?

This section should generally include a discussion of jury instructions, especially in cases that involve subclasses, plaintiffs from multiple states, or law from multiple states.

Summary: Manageability section should discuss jury instructions for subclasses/multiple states.

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Proposed supplemental juror questionnaire ?

The parties need not include a question that asks prospective jurors whether they know any of the individuals involved in the case.

Summary: Parties are not required to include a question about prospective jurors knowing case-involved individuals in the proposed supplemental juror questionnaire.

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Applies to: Summary judgment motion

The parties need not file joint or separate statements of undisputed facts in connection with summary judgment motions.

Summary: Joint or separate statements of undisputed facts are not required for summary judgment motions.

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Applies to: Motion ?

This section should generally include a discussion of jury instructions, especially in cases that involve subclasses, plaintiffs from multiple states, or law from multiple states.

Summary: Manageability section should discuss jury instructions for subclasses or multi-state cases.

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Applies to: Notice

The parties should consider using the Federal Judicial Center’s model notices, which are available at www.fjc.gov/content/301253/illustrative-forms-class-action-notices-introduction.

Summary: Model notices are available at FJC website.

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Applies to: Notice

The parties should consider whether notice by email and/or social media is appropriate.

Summary: Email and social media notice should be considered.

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Applies to: Notice

The Court will require only substantial compliance with the requirements for submitting an objection, and this should be made clear in any notice to class members.

Summary: Substantial compliance with objection requirements is sufficient.

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Applies to: Notice ?

For large settlements, the parties are encouraged to include an opt-out form and an objection form.

Summary: Opt-out and objection forms encouraged for large settlements.

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Motion to seal

If you have a complicated sealing motion, or set of motions, consider filling out and filing the Motion to Seal Summary Table linked on the Standing Orders page of Judge Chhabria's website.

Summary: For complicated sealing motions, parties should consider filing a Motion to Seal Summary Table.

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Case description ?

agree on a description, they may file one document with competing descriptions (but without any argument).

Summary: If parties cannot agree on a case description, they may file one document with competing descriptions (without argument).

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Exhibit

They need not submit the exhibits themselves at this time, unless instructed otherwise by Judge Chhabria.

Summary: Exhibits need not be submitted with the exhibit list unless Judge Chhabria instructs otherwise.

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Proposed jury instructions ?

The parties should use the Ninth Circuit Model Jury Instructions where possible.

Summary: Use Ninth Circuit Model Jury Instructions where possible

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Proposed jury instructions ?

The parties do not need to submit instructions from Chapters 1-3 of the Ninth Circuit Manual, but they must indicate which of these instructions should be included.

Summary: Chapters 1-3 instructions not required but must indicate which to include

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Exhibit set ?
Must include: retain through appeal, arrange with clerk for record on appeal ?

Upon the conclusion of the trial, each party shall retain a full set of exhibits through the appellate process. It is each party’s responsibility to make arrangements with the Clerk of the Court to file the record on appeal.

Summary: Parties must retain full exhibit sets through appeal and arrange with Clerk to file record.

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Deposition transcript
Must include: provide copy to court during cross examination ?

There is no need to lodge deposition transcripts before trial. The lawyers should simply be prepared to hand to the Court a copy of a witness’s deposition testimony once it is time to cross-examine them.

Summary: Deposition transcripts need not be lodged before trial; provide copy to Court when cross-examining witness.

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Trial equipment ?
Must include: provide own equipment, share equipment with other counsel ?

The Court may be able to provide access to an easel and the courtroom electronic evidence presentation system. The parties should consult www.cand.uscourts.gov/courtroomtech for information on the available courtroom technology. During trial, counsel may wish to use laser-disk/computer graphics, poster blow-ups, or models. Such equipment must be provided by the parties. Equipment should be shared by all counsel to the maximum extent possible.

Summary: Court may provide easel/electronic evidence system; parties must provide own equipment (laser-disk, graphics, models) and share to maximum extent possible.

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Proposed findings conclusions ?

The parties should hyperlink the citations in the proposed findings of fact to the exhibits and trial transcripts and may provide the Court with the proposed findings of fact on a flash drive if needed.

Summary: Proposed findings of fact should be hyperlinked to exhibits and transcripts, and may be provided on a flash drive.

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: General

The parties shall follow the Federal Rules of Criminal Procedure, the Criminal Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court's standing order.

Summary: Parties must follow federal criminal rules and local rules except where superseded by this standing order.

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Motion to seal

If you have a complicated sealing motion, or set of motions, consider filling out and filing the Motion to Seal Summary Table linked on the Standing Orders page of Judge Chhabria’s website.

Summary: Use Motion to Seal Summary Table for complicated sealing motions.

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Jury questionnaire ?

The parties need not include a question that asks prospective jurors whether they know any of the people involved in the case. The prospective jurors will be given an “Involved Individuals” list when they are called in.

Summary: No need to ask about knowing involved individuals; list provided at jury call-in.

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Jury instructions

Instructions on which the parties agree must be identified as 'Stipulated Jury Instruction No. __ Re _____,' with the blanks filled in as appropriate.

Summary: Agreed instructions must be labeled 'Stipulated Jury Instruction No. __ Re _____'.

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Jury instructions ?

Summary: Disputed instructions must be labeled 'Disputed Instruction No. ____ Re ____________ Offered by _________________'.

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Jury instructions ?

The parties do not need to submit instructions from Chapters 1-3 of the Ninth Circuit Manual, but they must indicate which of these instructions should be included and which should be omitted.

Summary: Instructions from Chapters 1-3 of Ninth Circuit Manual are optional but parties must indicate inclusion/omission.

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Exhibit ?
Must include: caption ?

Publication may be by poster blow-up, use of the courtroom electronic evidence presentation system, or such other method as is allowed in the circumstances. It is permissible to highlight, circle, or underscore in the enlargements as long as it is clear that the alterations are not on the original.

Summary: Publication methods: poster blow-up, electronic system, or other allowed methods. Highlighting enlargements is permitted if not on original.

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Trial preparation ?
Must include: technology review ?

The parties should consult www.cand.uscourts.gov/courtroomtech for information on the available courtroom technology.

Summary: Parties must consult court website for courtroom technology information.

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Voir dire

The parties do not need to submit proposed voir dire questions in advance of trial.

Summary: No advance submission of voir dire questions required.

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Jury selection
Must include: excusal hearing

A day or so before jury selection, the Court will hold an 'excusal hearing' for the purpose of determining which prospective jurors should be excused for hardship or cause based exclusively on their questionnaire responses.

Summary: Excusal hearing held before jury selection based on questionnaire responses.

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Voir dire
Must include: judge initial questions ?

Once the prospective jurors are in the courtroom, Judge Chhabria will discuss hardships with them. Judge Chhabria may then ask a few raise-your-hand questions before turning voir dire over to the lawyers.

Summary: Judge Chhabria discusses hardships and asks questions before lawyer voir dire.

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Voir dire
Must include: involved individuals list ?

During voir dire, the Court will circulate the list of involved individuals.

Summary: Court circulates list of involved individuals during voir dire.

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Trial preparation ?
Must include: witness statement guide ?

The parties should review the guide for using prior statements of witnesses and refreshing recollection at trial, which is posted in the Standing Orders section of Judge Chhabria's website.

Summary: Parties must review witness statement guide on judge's website.

Judge Vince Chhabria

Machine summary. Not checked yet.INFO?

Applies to: Proposed order

Proposed orders are not required for motions filed pursuant to Civil L.R. 7-2, except for motions seeking injunctive relief.

Summary: Proposed orders are not required for Civil L.R.7-2 motions except those seeking injunctive relief.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Motion in limine ?

each motion should address a single, separate topic.

Summary: Each motion in limine should address a single, separate topic.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Motion in limine

Each individual motion and opposition should be properly identified, for example, 'Plaintiff’s Motion In Limine No. 1 to Exclude . . . .'

Summary: Each motion in limine and opposition must be properly identified with a numbered title.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Jury questionnaire proposed questions ?

The parties are allowed to add ten case specific questions to the questionnaire. The parties shall meet and confer and, to the extent possible, file a joint list of proposed questions to add to the questionnaire. To the extent that the parties cannot agree, they may submit separate proposed questions from which the Court will choose ten.

Summary: Parties may add up to 10 case-specific questions to the jury questionnaire; they must meet and confer and file a joint list if possible, or separate lists if not.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Additional confidential statement

The Additional Confidential Statement may respond to the other party’s Settlement Conference Statement or may convey information that the party wishes to convey only to the settlement

Summary: Additional Confidential Statement may respond to the other party's statement or convey confidential information.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Draft settlement term sheet

Each party attending a Settlement Conference shall arrive at the Settlement Conference with an electronic version of a draft settlement term sheet that the party is prepared to share with the Court upon request.

Summary: Parties must bring an electronic draft settlement term sheet to the settlement conference.

Magistrate Judge Ajay S. Krishnan

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Discovery joint statement ?

A joint statement should address only one issue or a few issues that are inextricably related. Multiple joint statements should be filed if there are discrete issues in dispute.

Summary: Joint statements should address only related issues; file multiple if issues are discrete

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Protective order ?

The Court endeavors to use the model orders and discourages making edits to them for purely stylistic reasons, even if all parties agree.

Summary: Court discourages stylistic edits to model protective orders

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Document responses ?

To the maximum extent feasible, all party files and records should be retained and produced in their original form and sequence, including file folders, and the originals should remain available for inspection by any counsel on reasonable notice.

Summary: Party files and records should be retained and produced in original form and sequence.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Deposition transcript ?

If the judge is unavailable, the deposition shall proceed with objections noted for the record.

Summary: If judge unavailable, deposition proceeds with objections noted for record.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Protective order ?

The Court endeavors to use the model orders and discourages making edits to them for purely stylistic reasons, even if all parties agree.

Summary: The Court discourages purely stylistic edits to model protective orders, even by agreement.

Magistrate Judge Alex G. Tse

Machine summary. Not checked yet.INFO?

Applies to: Pleading

Litigants and lawyers may indicate their pronouns (e.g., she/her, he/him, they/their) and honorifics (e.g., Mr., Ms., Mx., Dr.) by mailing a confidential letter to Judge Spero's chambers, filing a request on the case docket, or adding the information in the name block or signature line of the pleadings.

Summary: Parties may indicate pronouns and honorifics through confidential letter, docket filing, or pleadings.

Magistrate Judge Joseph C. Spero

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Class action settlement motion ?
Must include: post distribution accounting report

(f) For motions for preliminary approval of a class action settlement, the parties should consult the Northern District’s Procedural Guidance for Class Action Settlements and must file Post-Distribution Accounting Reports in accordance with the Guidance.

Summary: Class action settlement motions require consultation of Procedural Guidance and Post-Distribution Accounting Reports.

Magistrate Judge Kandis A. Westmore

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Pleading
Must include: pronouns

Parties and attorneys may advise the Court of their pronouns by filing a letter or by adding their pronouns in the name block on the first page of the pleadings.

Summary: Parties may advise Court of pronouns via letter or name block on first page.

Magistrate Judge Kandis A. Westmore

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Settlement conference

Settlement conferences routinely last 3 or more hours, and the parties and their representatives should be prepared to work until 4:00 p.m. if necessary.

Summary: Settlement conferences routinely last 3+ hours, parties should be prepared to work until 4:00 p.m.

Magistrate Judge Kandis A. Westmore

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Deposition designation ?

Counsel must meet and confer to address reviewing counsel’s comments and any other issues.

Summary: Counsel must meet and confer regarding deposition designation adjustments.

Magistrate Judge Laurel Beeler

Machine summary. Not checked yet.INFO?

Applies to: General ?
Must include: chambers pdf copy

Otherwise, the parties do not need to submit paper copies and instead can email a chambers PDF copy to lbpo@cand.uscourts.gov. Parties do not need to submit electronic copies of certificates of service, certificates of interested entities or persons, consents or declinations to the court’s jurisdiction, stipulations that do not require a court order (see Civil Local Rule 6-1), or notices of appearance or substitution of counsel.

Summary: Chambers PDF copies can be emailed instead of paper copies, except for certain certificates and notices.

Magistrate Judge Laurel Beeler

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Motion
Must include: opposition deadline ?

The failure of the opposing party to file a timely response to any motion or non-stipulated request may be construed as consent to the granting of the motion or request as unopposed.

Summary: Failure to oppose a motion may be construed as consent to granting the motion unopposed.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Brief
Must include: ai disclosure ?

Summary: AI tools permitted for brief preparation but parties remain fully responsible for accuracy.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.INFO?

Applies to: Settlement conference

The Court will consider requests to hold the settlement conference entirely on Zoom, or for an individual or subset of individuals to be excused from in-person attendance and allowed to participate via Zoom or telephone.

Summary: Court may allow Zoom-only or partial Zoom attendance for settlement conferences.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.INFO?

Applies to: Settlement conference

Settlement conferences regularly last three or more hours.

Summary: Settlement conferences typically last 3+ hours.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.INFO?

Applies to: Settlement conference

During the settlement conference, parties should be prepared to discuss such issues as: (1) their settlement objectives; (2) any impediments to settlement they perceive; (3) whether they have enough information to discuss settlement and, if not, what additional information is needed; and (4) the possibility of a creative resolution of the dispute.

Summary: Parties should discuss settlement objectives, impediments, information needs, and creative resolutions during conference.

Magistrate Judge Lisa J. Cisneros

Machine summary. Not checked yet.INFO?

Applies to: Settlement conference ?
Must include: no additional materials unless requested ?

No further materials should be submitted to the Court unless requested.

Summary: No additional materials to Court unless specifically requested

Magistrate Judge Nathanael Cousins

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Opposition ?

Each Party opposing a motion may file and serve a proposed order (with a short statement of the rationale of decision) if that Party seeks a specific ruling by the Court other than mere denial of the motion.

Summary: Opposing parties may file proposed orders if seeking specific rulings beyond denial.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Summary judgment motion ?

Joint statements of undisputed facts are encouraged and should be filed if agreed upon.

Summary: Joint statements of undisputed facts are encouraged if parties agree.

Magistrate Judge Peter H. Kang

Machine summary. Not checked yet.INFO?

Applies to: Motion for summary judgment ?

Joint statements of undisputed facts are not required, but are helpful if completely agreed upon.

Summary: Joint statements of undisputed facts are optional but helpful if agreed upon.

Magistrate Judge Sallie Kim

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Joint statement ?
Must include: discovery requests, discovery responses ?

The joint letter must attach the discovery requests and responses at issue. The parties may also attach any relevant meet-and-confer correspondence, exhibits or affidavits.

Summary: Joint statement must include discovery requests/responses and may include meet-and-confer correspondence.

Magistrate Judge Thomas S. Hixson

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Joint statement
Must include: ecf filing ?

The joint statement shall be e-filed (unless the case is exempt from e-filing requirements) under the Civil Events category of “Motions and Related Filings > Motions – General > Discovery Letter Brief.”

Summary: Joint statement must be e-filed under specific category.

Magistrate Judge Thomas S. Hixson

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Protective order
Must include: model form explanation ?

If parties believe a protective order is necessary, they shall, where practicable, use one of the model stipulated protective orders (available at https://www.cand.uscourts.gov/forms/model-protective-orders/). If the parties’ proposed protective offer differs materially from the model protective order, the parties shall file a statement explaining each modification to the model order, along with a redline version comparing the proposed protective order with the model order.

Summary: Protective orders should use model form with explanation for modifications.

Magistrate Judge Thomas S. Hixson

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Discovery dispute letter ?

These procedures for the resolution of discovery disputes shall not apply to motions challenging the sufficiency of the identification of trade secrets under California Code of Civil Procedure § 2019.210, or to motions to strike or to compel amendments to infringement or invalidity contentions in patent cases. Such motions should be noticed and filed pursuant to Civil L.R. 7-2.

Summary: Discovery dispute procedures do not apply to trade secret identification or patent contention motions

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Pleading
Must include: pronouns

Parties and attorneys may advise the Court of their pronouns by filing a letter or by adding the pronouns in the name block on the first page of the pleadings.

Summary: Parties may advise Court of pronouns via letter or name block.

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.INFO?

Applies to: Joint pretrial statement ?

For jury trials, the statement should be suitable for reading to the jury as part of the Court’s preliminary jury instructions.

Summary: Neutral statement of case must be suitable for jury instructions in jury trials.

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.INFO?

Applies to: Joint pretrial statement ?

If desired, a proposed juror questionnaire, attached as a separate appendix, to be provided to prospective jurors before voir dire begins.

Summary: Proposed juror questionnaire optional as separate appendix for jury trials.

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.INFO?

Applies to: Joint pretrial statement ?

The Court intends to use the Model Jury Instructions of the Ninth Circuit, modified and supplemented as necessary, as the starting point for jury instructions, including preliminary instructions and closing instructions.

Summary: Model Jury Instructions of the Ninth Circuit will be used as starting point for all jury instructions.

Magistrate Judge Virginia K. DeMarchi

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Expert report
Must include: exhibits ?

As to damages studies, the cut-off date for past damages will be as of the expert report (or such earlier date as the expert may select). In addition, the experts may try to project future damages (i.e., after the cut-off date) if the substantive standards for future damages can be met.

Summary: Past damages cut-off is expert report date; future damages allowed if standards met.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Joint proposed final pretrial order ?
Must include: caption, judge name, case number +2 more ?

Items (v) and (vi) should be appendices to the proposed order. The objective is to convert the proposed order to a final order with the benefit of any discussion at the final pretrial conference.

Summary: Exhibit list and witness lists should be appendices to the proposed final pretrial order.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Video deposition ?
Must include: packet preparation required ?

When the packet is read, the examiner reads the questions (and any relevant colloquy) from the lectern and a colleague sits in the witness stand and reads the answers. When a video-taped deposition is to be played instead, the packets must still be prepared, as above, in order to facilitate rulings on objections. The video should omit any dead time, long pauses, and objections/colloquy not necessary to understand the answers.

Summary: Deposition packets must be prepared even for video depositions.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Objection

Counsel shall stand when making objections. State the legal basis only. Speak up promptly.

Summary: Stand when making objections and state only legal basis promptly.

Senior Judge Charles R. Breyer

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Trial schedule

Trial proceedings are typically conducted on Tuesdays, Wednesdays, and Fridays from 9:00 a.m. to 4:30 p.m., with a break for lunch. The trial schedule may be adjusted and additional sessions may be added at the discretion of the Court.

Summary: Trials typically held Tuesday, Wednesday, Friday 9:00 AM - 4:30 PM with lunch break.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.INFO?

Applies to: Standing order
Must include: caption, judge name, case number ?

Unless otherwise indicated by the Court, this Standing Order applies to all actions asserting claims for patent infringement and for declaratory judgment of non-infringement assigned to Judge Edward J. Davila.

Summary: Standing Order applies to all patent infringement and declaratory judgment cases before Judge Davila.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.INFO?

Applies to: Joint claim construction statement ?

Parties are reminded that proposed constructions should be suitable for incorporation in a jury instruction.

Summary: Proposed constructions should be suitable for incorporation in a jury instruction.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.INFO?

Applies to: Joint claim construction statement ?
Must include: exhibit list ?

Parties shall also be prepared to make the complete prosecution history for each patent available to the Court upon request.

Summary: Complete prosecution history must be available to Court upon request.

Senior Judge Edward J. Davila

Machine summary. Not checked yet.INFO?

Applies to: Meet and confer
Must include: due date ?

Meet and Confer - 21 days before Pretrial Conference Statement

Summary: Meet and Confer required 21 days before Pretrial Conference Statement

Senior Judge Edward M. Chen

Machine summary. Not checked yet.INFO?

Applies to: Expert disclosure
Must include: due date ?

Expert Disclosure - same as close of non-expert discovery

Summary: Expert disclosure due same as close of non-expert discovery

Senior Judge Edward M. Chen

Machine summary. Not checked yet.INFO?

Applies to: Trial schedule ?
Must include: trial date, trial time ?

Trial - Monday at 8:30 a.m. (approximately one year from first CMC)

Summary: Trial scheduled for Monday at 8:30 a.m., approximately one year from first CMC

Senior Judge Edward M. Chen

Machine summary. Not checked yet.INFO?

Applies to: Pretrial conference
Must include: pretrial conference date, pretrial conference time ?

Pretrial Conference - 4 Tuesdays prior to trial at 2:30 pm

Summary: Pretrial Conference scheduled for 4 Tuesdays prior to trial at 2:30 pm

Senior Judge Edward M. Chen

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Deposition

Extra copies of documents used during the deposition should ordinarily be provided to opposing counsel and the deponent.

Summary: Extra copies of documents used during deposition should be provided to opposing counsel and deponent.

Senior Judge Edward M. Chen

Machine summary. Not checked yet.INFO?

Applies to: Tutorial presentation ?

The Court prefers that someone other than counsel make the presentation.

Summary: Court prefers non-counsel presenter for technology tutorials.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.INFO?

Applies to: Tutorial presentation ?

Visual aids are encouraged.

Summary: Visual aids encouraged for technology tutorials.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Exhibit objections list ?

A list of objections to each exhibit, in tabular form. The first column should describe the exhibit, the second column should set briefly set forth the basis of the objection, and the third column should set forth a brief response thereto.

Summary: Exhibit objections must be filed in tabular form with specific columns.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Motion in limine

Each motion should be presented in a separate memo and properly identified, for example, 'Plaintiff's Motion in Limine No. 1 to Exclude...'

Summary: Each motion in limine must be in a separate memo with proper identification.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Disputed instructions memorandum ?

a party supporting an instruction must submit a separate memorandum of law in support of its disputed instructions, organized by instruction number. ... The party opposing a given instruction or instructions must include a responsive brief to the supporting party's memorandum, organized by instruction number

Summary: Parties must submit separate memoranda for disputed jury instructions, organized by instruction number.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Motion for summary judgment ?

Joint statements of undisputed facts are not required but are helpful if completely agreed upon.

Summary: Joint statements of undisputed facts are optional but helpful if agreed upon.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Motion in limine

Each motion should be presented in a separate memo and properly identified, for example, 'Plaintiffs Motion in Limine No. | to Exclude... .'

Summary: Each motion in limine must be in a separate memo and properly identified with a number.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Brief

If counsel believes an evidentiary hearing is necessary, they should notify the Court of that fact in their brief.

Summary: Counsel should notify the Court in their brief if an evidentiary hearing is necessary.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Brief

If counsel believes an evidentiary hearing is necessary, they should notify the Court of that fact in their brief.

Summary: Counsel should notify the Court in their brief if an evidentiary hearing is necessary.

Senior Judge Jeffrey S. White

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Unconscious bias video review ?
Must include: url provided, video review required ?

In advance of the pretrial conference, counsel and/or parties shall review the court-approved video entitled Understanding the Effects of Unconscious Bias, available at https://cand.uscourts.gov/attorneys/jury-video, which is designed to educate potential jurors about the role of unconscious bias in the work of juries.

Summary: Counsel must review unconscious bias video before pretrial conference.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Special accommodations
Must include: accommodation requests due at pretrial ?

If counsel, parties and/or witnesses will require any special accommodations during trial, such requests shall be raised at the pretrial conference.

Summary: Special accommodation requests must be raised at pretrial conference.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Voir dire questionnaire
Must include: copies to counsel ?

The attached voir dire questionnaire shall be given to the venire members and copies of the responses will be made available to counsel at the beginning of voir dire.

Summary: Voir dire questionnaire must be distributed to venire and copies provided to counsel.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Voir dire questions

Counsel shall submit a joint set of additional voir dire questions to be posed by the court. Any voir dire questions on which counsel cannot agree may be submitted separately.

Summary: Joint voir dire questions required; disagreements may be submitted separately.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Voir dire

Counsel will be permitted brief follow-up voir dire after the court's questioning.

Summary: Brief follow-up voir dire permitted after court's questioning.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Jury instructions

The following jury instructions from the Ninth Circuit Manual of Model Jury Instructions Civil (2017 Edition) shall be given absent objection: 1.3 - 1.7, 1.9 - 1.18, 1.20 - 1.21, 3.1 - 3.3, and 3.5.

Summary: Specific jury instructions from Ninth Circuit Manual shall be given absent objection.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Jury instructions ?

Counsel shall submit a joint set of these instructions along with a joint set of case specific instructions using the Ninth Circuit Manual where appropriate. Any instructions on which counsel cannot agree may be submitted separately.

Summary: Joint jury instructions required; disagreements may be submitted separately.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Jury instructions ?

Each instruction shall be typed in full on a separate page with citations to the authority upon which it is based and a reference to the party submitting it. A second blind copy of each instruction shall also be submitted omitting the citation to authority and the reference to the submitting party, but retaining the title of the instruction.

Summary: Jury instructions must be typed on separate pages with citations and party references; blind copies required.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Jury instructions ?
Must include: electronic version required ?

An electronic version of the proposed instructions in Microsoft Word format (.doc or .docx) must be emailed to the court's proposed order mailbox: pjhpo@cand.uscourts.gov.

Summary: Electronic jury instructions must be emailed in Word format to specified address.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.INFO?

Civil cases

Applies to: Trial schedule

The court's trial schedule is 8:30 a.m. to 1:30 p.m. with two fifteen-minute breaks, on Monday, Tuesday, Thursday and Friday.

Summary: Trial schedule: 8:30 AM - 1:30 PM with two 15-minute breaks on Mon, Tue, Thu, Fri.

Senior Judge Phyllis J. Hamilton

Machine summary. Not checked yet.INFO?

Applies to: Trial preparation ?
Must include: notice of electronic filing ?

All parties are instructed to review the information regarding the use of courtroom technology and electronic evidence presentation (EEPS) which is provided on the Court’s web site at http://cand.uscourts.gov/courtroomtech, and to prepare accordingly.

Summary: Parties must review courtroom technology information on court website.

Senior Judge Susan Illston

Machine summary. Not checked yet.INFO?

Applies to: Juror research ?
Must include: no contact allowed, sources must be publicly available ?

I do not restrict the parties, their counsel, and any agent, consultant, investigator, or anyone working for them from conducting research regarding a prospective juror, provided that it is done only from generally available sources and that there is no actual contact or any reasonable possibility of contact with a prospective juror.

Summary: Research allowed from generally available sources without contact.

Senior Judge William H. Orrick

Machine summary. Not checked yet.INFO?

Applies to: Juror research ?
Must include: private databases based on public sources allowed ?

Only sources that are publicly available and private sources that derive their information from publicly available sources may be used to research a prospective juror. This includes private databases maintained by third parties based on open-source or other publicly available information, notwithstanding the fact that a subscription or fee may be needed to access those databases.

Summary: Private databases based on public sources permitted for juror research.

Senior Judge William H. Orrick

Machine summary. Not checked yet.INFO?

Criminal cases

Applies to: Standing order
Must include: local rule certificate ?

The parties shall review and follow Judge Orrick’s Standing Order Regarding Juror Questionnaires and Social Media Research, which is incorporated by reference into this Order.

Summary: Parties must follow Judge Orrick’s Standing Order on Juror Questionnaires and Social Media Research.

Senior Judge William H. Orrick

Common questions about Northern District of California document filing requirements

What must be included with joint case management statement filings in Northern District of California?

Judge Jon S Tigar: The rule identifies required filing content or certificates. The joint case management statement’s “Other References” section must state whether all parties consent to magistrate-judge jurisdiction.

View rule Official source Source: page 2, section E. Joint Case Management Statement and Initial Case Management Conference

Magistrate Judge Ajay S. Krishnan: The rule identifies required filing content or certificates. Joint Case Management Statement must comply with Civil Local Rule 16-9 and the Northern District’s “Contents of Joint Case Management Statement” standing order. Machine summary, not yet verified; check the linked order.

View rule Official source Source: page 4, section Civil Case Management

Judge Eumi K. Lee: The rule requires compliance with local rule, compliance with standing order, and full litigation schedule. Joint case management statement required 14 days before any case management conference. Machine summary, not yet verified; check the linked order.

View rule Official source Source: page 3, section CASE MANAGEMENT CONFERENCES

43 more rules answer this question in the list above.

What must be included with proposed order filings in Northern District of California?

Judge Jon S Tigar: The rule identifies required filing content or certificates. A proposed order lacking a required declaration will be denied without prejudice.

View rule Official source Source: page 3, section Stipulated Protective Orders and Orders Re: Discovery of ESI

Chief Judge Yvonne Gonzalez Rogers: The rule identifies required filing content or certificates. The parties must provide one proposed order with each disputed designation, allowing the Court to grant, modify, or deny permission to use it.

View rule Official source Source: page 4, section 3. TRIAL READINESS FILINGS AND BINDER and PROPOSED ORDER THEREON

Judge Jon S. Tigar: The rule requires proposed order. Proposed orders must be submitted electronically in Word format to specific email address. Machine summary, not yet verified; check the linked order.

View rule Official source Source: page 1, section G. Courtesy Copies and Proposed Orders

63 more rules answer this question in the list above.

What must be included with cross motion briefing schedule filings in Northern District of California?

Judge Jon S Tigar: The rule requires proposed order. Before filing the first cross-motion brief, the parties must submit a stipulation and proposed order setting the briefing schedule.

View rule Official source Source: page 3, section Motions for Summary Judgment

What must be included with class action settlement approval motion filings in Northern District of California?

Judge Jon S Tigar: The rule identifies required filing content or certificates. A motion for preliminary or final approval of a class-action settlement must address the referenced guidance in the order presented on the website.

View rule Official source Source: page 4, section Class Action Settlements

What must be included with post distribution accounting filings in Northern District of California?

Judge Jon S Tigar: The rule identifies required filing content or certificates. The post-distribution accounting must cover significant or recurring class-member concerns, other settlement-administration issues since final approval, and how those matters were resolved.

View rule Official source Source: page 4, section Class Action Settlements

Judge Eumi K. Lee: The rule requires local rule certificate. Post-Distribution Accounting required within 21 days of fund distribution. Machine summary, not yet verified; check the linked order.

View rule Official source Source: page 14, section Final Approval

Judge Jacqueline Scott Corley: The rule requires post distribution accounting. Post-distribution accounting required within 21 days, including discussion of class member concerns. Machine summary, not yet verified; check the linked order.

View rule Official source Source: page 5, section Class Action Settlements

16 more rules answer this question in the list above.

What must be included with recollection refreshing material filings in Northern District of California?

Judge Rita F. Lin: The rule identifies required filing content or certificates. Counsel must make any material used to refresh a witness’s recollection available to opposing counsel for review.

View rule Official source Source: page 1, section Refreshing a witness’s recollection

Related categories

Back to all rules for this court

Page & Word Limits

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.