Judge Beth Labson Freeman
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 2 copies
- 2 copies • On the Thursday Before Trial
Binding: Three Ring Binder
Pleading, Briefing Related to Substantive Motions, Evidence Related to Substantive Motions
- 1 copy • Within One Business Day
Sealing Motion
- Upon Filing
Adjournments
- Summary judgment motions must be heard at least 90 days before trial.
Communication
Chambers
Page & Word Limits15 rules
Each party shall submit a trial brief, not to exceed 15 pages, at least 7 days before commencement of trial.
- Trial brief
- Up to 15 pages per party
Each Daubert challenge requires separate motion, counted toward 5 motion limit.
Court's wording
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.
Each side is limited to 5 motions in limine. Each motion in limine is limited to 5 pages and may address only one issue.
- Motion in limine
- Up to 5 pages per side
- Limine motions
Each side is limited to 5 motions in limine. Each motion in limine is limited to 5 pages and may address only one issue.
- Motion in limine
- Up to 5 pages per side
- Motions in limine
Daubert motions may not exceed 10 pages per expert, and each side is limited to a total of 25 pages for Daubert motions.
- Motion
- Up to 25 pages in total
- Daubert motions
Standard page limits: 25/25/15 pages for motions under FRCP 12, 23, 56, 59, 65, etc.
Court's wording
Absent leave of Court, the page limits for the following types of motions and proceedings shall be 25 pages for the motion or opening brief, 25 pages for the opposition or response brief, and 15 pages for the reply brief: motions brought under Federal Rules of Civil Procedure 12, 23, 56, 59, or 65; motions for judgment on the pleadings; motions for certification of a collective action under the Fair Labor Standards Act; motions brought under California’s anti-SLAPP statute; social security appeals; and claim construction briefing.
Each side is limited to a total of 25 pages for all post-trial motions, which must be presented in a single brief.
- Motion
- Up to 25 pages in total per side
- Post-trial motions
Each side is limited to 5 motions in limine of 5 pages each.
- Motion
- Up to 5 pages per side
- Motion in limine
Standard page limits: 10 pages for motion/opening brief, 10 pages for opposition/response, 5 pages for reply brief
Court's wording
Absent leave of Court, the page limits for all other types of motions and proceedings, except for those addressed above or those as to which specific page limits are set forth in the Civil Local Rules or the Court’s Standing Orders, shall be 10 pages for the motion or opening brief, 10 pages for the opposition or response brief, and 5 pages for the reply brief.
25-page limit for all post-answer dispositive motions combined; 25 pages for oppositions, 15 pages for replies.
- Motion for summary judgment
- Up to 25 pages in total per side
- Opposition
- Up to 25 pages in total per side
- Reply
- Up to 15 pages
- Motion for judgment on the pleadings
Court's wording
Each side is limited to a total of 25 pages for all post-answer dispositive motions, collectively, including motions for summary judgment and motions for judgment on the pleadings. For example, if both a motion for judgment on the pleadings and a motion for summary judgment are filed by defendants, the total briefing across both motions may not exceed 25 pages. Total page limits for any oppositions and replies shall be limited to 25 and 15 pages, respectively.
Each motion in limine is limited to 5 pages
- Motion in limine
- Up to 5 pages
Each party shall submit a trial brief, not to exceed 15 pages, at least 7 days before the commencement of trial.
- Trial brief
- Up to 15 pages per party
Joinder of motions counts toward page limits; excess pages will be disregarded
Court's wording
If a party files its own motion and joins in another party’s motion, both the party’s own motion and the joined motion will count toward the party’s page limits. Excess pages will not be considered by the Court.
Page limits are per side, not per party; multiple parties on same side share collective page limits
- Motion
- Up to 25 pages
Court's wording
The page limits stated above are per side, not per party. For example, if multiple plaintiffs or multiple defendants seek summary judgment, the moving parties may jointly file a single motion for summary judgment that does not exceed 25 pages, or the moving parties may file separate motions for summary judgment that do not exceed 25 pages collectively. Opposition and reply briefs are subject to the corresponding collective page limits.
Page limits are maximums; title pages, TOC, indexes, and exhibits excluded; notice of motion included
Court's wording
These page limits are maximums, not minimums – counsel and parties are encouraged to be concise. Title pages, tables of contents, indexes of cases, and exhibits are not included in these page limits. However, the notice of motion is included in the page limits, as set forth in Civil Local Rule 7-2.
Document Format Requirements16 rules
Footnotes shall be no less than 12-point type and shall be double-spaced.
- Font size
- At least 12 points
- Line spacing
- Double
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.
All written text, including footnotes and quotations, shall be no less than 12-point type and shall be double-spaced.
- Font size
- At least 12 points
- Line spacing
- Double
All exhibits shall be pre-marked for identification with numbers (not letters) by means of exhibit tags affixed to the back of the last page of each exhibit. Sample tags are attached hereto.
- Font size
- 12 points
Formatting
- •Numbers not letters
- •Sample tags attached
All written text, including footnotes and quotations, shall be no less than 12-point type and shall be double-spaced.
- Font size
- At least 12 points
- Line spacing
- Double
Footnotes shall be no less than 12-point type and shall be double-spaced.
- Font size
- At least 12 points
- Line spacing
- Double
The cited portions of depositions and other lengthy documents shall be highlighted in yellow for ease of reference. Highlighting in colors other than yellow will result in the document being stricken.
All written text, including footnotes and quotations, shall be no less than 12-point type and shall be double-spaced.
- Font size
- At least 12 points
- Line spacing
- Double
Sealing motions and declarations must be submitted in Word format by email on the same day of filing.
- File type
- Word
- Sealing motion
- Declaration
Formatting
- •Email submission
Court's wording
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 BLFpo@cand.uscourts.gov on the same day of filing.
Deposition transcripts must be in single-page format; 4-in-1 format will be disregarded.
Court's wording
Deposition transcripts submitted to the Court must be in single-page format. Transcripts in 4-in-1 format, in which 4 pages of the deposition transcript are reduced to fit on a single document page, will be disregarded.
All written text, including footnotes and quotations, shall be no less than 12-point type and shall be double-spaced.
- Font size
- At least 12 points
- Line spacing
- Double
Footnotes shall be no less than 12-point type and shall be double-spaced.
- Font size
- At least 12 points
- Line spacing
- Double
Excessive footnotes will be disregarded.
Footnotes shall be no less than 12-point type and shall be double-spaced. 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. In general, no more than 5 footnotes per brief should be necessary.
- Font size
- At least 12 points
- Line spacing
- Double
Date and signature lines for the Court shall appear immediately following the signature lines of the parties.
All exhibits shall be pre-marked for identification with numbers (not letters) by means of exhibit tags affixed to the back of the last page of each exhibit.
Document Filing Requirements25 rules
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:
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.
Court's wording
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.
Joint Pretrial Statement and Order must include specific binding language above signature lines.
Court's wording
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.
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).
Jury materials must be filed 7 days before final Pretrial Conference in hard copy and word processing format via email.
Court's wording
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.
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.
- Document
- Witness list
Must include
- •Summary of testimony
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.
Attorney fee motions must include a chart summarizing hours expended on major tasks.
Court's wording
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.
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.
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:
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).
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.
Court's wording
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.
Each side is limited to 5 motions in limine.
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.
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.
Each motion in limine is limited to 5 pages and may address only one issue.
Daubert motions raised as motions in limine must be filed separately for each expert and count toward the 5-motion limit.
Court's wording
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.
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.
Jury instructions must be submitted as a joint set with specific formatting for stipulated and disputed instructions, including citations and arguments.
Court's wording
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.
Any stipulations submitted before or during trial shall be in writing and signed by all parties.
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.
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.
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.
Unless the case is extremely complex, this statement should not exceed one paragraph.
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).
- Document
- Brief
Must include
- •Objections to evidence
Filing & Service rules
Electronic Filing Rules
Jury materials must be filed in hard copy and emailed in word processing format to BLFpo@cand.uscourts.gov.
All jury materials must be submitted in hard copy and in word processing format via e-mail to BLFpo@cand.uscourts.gov.
Civil cases
Page 5 | D. Jury Materials
Filing Timing and Cure Windows
Joint Pretrial Statement and Order must be filed at least 14 days before the final Pretrial Conference.
At least 14 days before the final Pretrial Conference, unless otherwise ordered, the parties shall file a Joint Pretrial Statement and Order
Civil cases
Page 1 | II. JOINT PRETRIAL STATEMENT AND ORDER
Jury materials must be filed and served at least 7 days before the final Pretrial Conference.
At least 7 days before the final Pretrial Conference, the parties shall file and serve the following materials.
Civil cases
Page 5 | D. Jury Materials
Trial briefs must be submitted at least 7 days before trial.
Each party shall submit a trial brief, not to exceed 15 pages, at least 7 days before the commencement of trial.
Civil cases
Page 6 | E. Trial Briefs
Courtesy Copy Requirements
Deliver 1 original and 1 copy set of exhibits to chambers by Thursday before trial in three-ring binders with tabs.
Unless otherwise ordered, on the Thursday before commencement of trial, the parties shall deliver to Tiffany Salinas-Harwell, Courtroom Deputy to Judge Freeman, 1 original set of exhibits and 1 complete copy of the original set. The copy set of exhibits need not be tagged, but the exhibits contained therein must be labeled clearly. Both sets of exhibits – the original and the copy – shall be in three-ring binders with the exhibits separated by tabs denoting the exhibit numbers.
Civil cases
Chambers copies of sealing motions are not required; unredacted briefs/exhibits with yellow highlights must be delivered.
Chambers copies of sealing motions shall not be sent to the Court. Unredacted chambers copies of the substantive briefs or exhibits that are the subject of the sealing motion shall be delivered to the Court, with redactions highlighted in yellow. No chambers copies of redacted briefs or exhibits shall be delivered to the Court.
Civil cases
Page 5 | V. MOTIONS TO SEAL
Chambers copies required within one business day for pleadings and substantive motions only.
Chambers copies shall be delivered to the Court within one business day of filing for the following documents: pleadings; briefing related to substantive motions; and evidence related to substantive motions. No chambers copies of administrative motions or other non-substantive motions (including sealing motions) shall be delivered to the Court.
Civil cases
Page 7 | IX. CHAMBERS COPIES
In general, chambers copies must be single-sided (printed on only one side of the page), 2-hole punched at the top, and stapled or fastened with metal prongs. However, chambers copies of exhibits that are more than six inches thick must be placed in binders, and chambers copies submitted in connection with a final Pretrial Conference must be 3-hole punched on the left side. Whether or not in binders, chambers copies must include numbered bottom tabs between exhibits. Each chambers copy shall be marked “Chambers Copy” and shall be submitted to the Clerk’s Office in an envelope marked with the case number and with the words “Chambers Copy” and “Judge Beth Labson Freeman.”
In general, chambers copies must be single-sided (printed on only one side of the page), 2-hole punched at the top, and stapled or fastened with metal prongs. However, chambers copies of exhibits that are more than six inches thick must be placed in binders, and chambers copies submitted in connection with a final Pretrial Conference must be 3-hole punched on the left side. Whether or not in binders, chambers copies must include numbered bottom tabs between exhibits. Each chambers copy shall be marked “Chambers Copy” and shall be submitted to the Clerk’s Office in an envelope marked with the case number and with the words “Chambers Copy” and “Judge Beth Labson Freeman.”
Civil cases
Page 7 | IX. CHAMBERS COPIES
On the Thursday before trial, parties must deliver to the courtroom deputy one original set of exhibits and one copy in three-ring binders with tabs.
Unless otherwise ordered, on the Thursday before commencement of trial, the parties shall deliver to Tiffany Salinas-Harwell, Courtroom Deputy to Judge Freeman, 1 original set of exhibits and 1 complete copy of the original set. The copy set of exhibits need not be tagged, but the exhibits contained therein must be labeled clearly. Both sets of exhibits – the original and the copy – shall be in three-ring binders with the exhibits separated by tabs denoting the exhibit numbers.
Civil cases
Page 4 | III.B.3. Delivery to Court
Chambers copies must include ECF filing stamp with case number, document number, and filing date.
Chambers copies shall be generated from ECF after filing so that they bear the case number, document number, and filing date along the top of the page.
Civil cases
Page 7 | IX. CHAMBERS COPIES
Sealing & Redaction Procedures
Sealing motions must include a chart with ECF/exhibit number, document description, portions to seal, and reasons for sealing.
Motions to seal documents shall be filed in accordance with Civil Local Rule 79-5. In addition, 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 include a chart, in the format set forth below, which includes the following four 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.
Civil cases
Page 5 | V. MOTIONS TO SEAL
Filing party must refile public versions within 7 days if Court's redactions are narrower than current public versions.
Once the Court adjudicates a sealing motion, if the redactions and sealing granted by the Court are narrower than what was redacted in the current public versions, the Filing Party shall refile public versions of the redacted or sealed document(s) within 7 days, unless the Filing Party submits a renewed sealing motion or a Designating Party submits a renewed declaration for any document in that filing.
Civil cases
Page 5 | V. MOTIONS TO SEAL
Sealed briefs/exhibits must be delivered unredacted with yellow highlighting; no redacted copies to Court.
When all or a portion of a substantive brief and/or supporting exhibits has been sealed, the chambers copy of the brief and/or supporting exhibits shall contain a complete set of the brief and/or supporting exhibits in unredacted form with any supporting exhibits organized sequentially. Any portions of the substantive brief and/or exhibits that have been sealed shall be highlighted in yellow. No chambers copies of redacted briefs or exhibits shall be delivered to the Court.
Civil cases
Page 7 | IX. CHAMBERS COPIES
Filing Bundling Requirements
Only one motion for summary judgment, partial summary judgment, or summary adjudication per party unless otherwise ordered.
Unless otherwise ordered by the Court, only 1 motion for summary judgment, partial summary judgment, or summary adjudication may be filed by each party.
Civil cases
Page 6 | B. One Motion for Summary Judgment per Party
Pre-Motion Conference Requirements
Motions in limine must be filed at least 14 days before the final pretrial conference; oppositions at least 7 days before; reply briefs are prohibited; argument at the final pretrial conference.
Unless otherwise ordered, the parties shall file and serve any motions in limine at least 14 days before the final Pretrial Conference, and any opposition thereto at least 7 days before the final Pretrial Conference. Reply briefs are not permitted. The Court will hear argument on motions in limine at the final Pretrial Conference.
Civil cases
Page 4 | III.C.1. Timing
Adjournment & Extension Requirements
Summary judgment motions must be heard at least 90 days before trial.
Summary judgment motions shall be heard at least 90 days before trial. Generally, the Court will reserve a compliant date at the Initial Case Management Conference.
Civil cases
Page 6 | C. Summary Judgment Motions Heard 90 Days Before Trial
Chambers Communication Rules
Civil motions heard Thursdays at 9 AM by reservation only; must file within 14 days of reservation.
Civil motions are heard by reservation only on Thursdays at 9:00 a.m. Hearing dates may be reserved by contacting Judge Freeman’s Courtroom Deputy Clerk, Tiffany Salinas-Harwell, at 408-535-5381 or BLFCRD@cand.uscourts.gov. When reserving a hearing date, the attorney or party must inform Ms. Salinas- Harwell of the number and type(s) of motions to be filed. Once a hearing date is reserved, the motion(s) shall be filed within 14 days thereafter. If no motion has been filed by the 15th day, the reservation will expire and the moving party must obtain a new reservation before filing the motion(s).
Civil cases
Page 1 | III. SCHEDULING
Final Pretrial Conferences Thursdays at 1:30 PM; joint pretrial statement due 14 days prior.
Final Pretrial Conferences are heard on Thursdays at 1:30 p.m. A joint Pretrial Statement and Order shall be filed at least 14 days before the final Pretrial Conference in compliance with Judge Freeman’s Standing Order Re Civil Jury Trials or Standing Order re Civil Bench Trials, whichever is applicable.
Civil cases
Page 1 | III. SCHEDULING
Case Management Conferences Thursdays at 11 AM via Zoom; joint statement due 7 days prior.
Case Management Conferences are heard on Thursdays at 11:00 a.m. via Zoom Webinar. A joint Case Management Statement shall be filed at least 7 days before each Case Management Conference.
Civil cases
Page 1 | III. SCHEDULING
Trials held Mon/Wed/Fri 9 AM-5 PM, Tue 10 AM-5 PM; Thursdays typically dark.
Trial is conducted on Mondays, Wednesdays, and Fridays from 9:00 a.m. to 5:00 p.m. and on Tuesdays from 10:00 a.m. to 5:00 p.m. Thursdays typically are dark.
Civil cases
Page 1 | III. SCHEDULING
Jury materials must be emailed to BLFpo@cand.uscourts.gov in word processing format.
All jury materials must be submitted in hard copy and in word processing format via e-mail to BLFpo@cand.uscourts.gov.
Civil cases
Page 5 | D. Jury Materials