Courtesy copies are required for all covered filings. Details: 1 copy, delivery within 24 hours, by chambers drop off. Chambers copies must be delivered to Clerk's Office by noon next court day after ECF filing.
Judge Charles R. Breyer's rules set a pre-motion procedure for covered motions. Discovery motions must be initiated by filing notice of discovery disputes, not by filing motions directly.
Judge Charles R. Breyer's rule states these limits: 3 pages. Motions in limine deadlines and page limits (21/14/7 days, 7/7/3 pages)
Judge Charles R. Breyer's rule states these limits: 15 pages. Excludes title pages, indexes of cases, table of contents, exhibits, affidavits, and summaries of argument. Motion briefs limited to 15 pages (except SJ motions at 25 pages), must be on 28-line double-spaced pleading paper
Judge Charles R. Breyer's formatting rule includes margins top 1 inches, bottom 1 inches, left 1 inches, right 1 inches, binding three ring binder, use 1-1/2-inch binders with locking rings, heavier binders are too hard to handle, and each exhibit must be separated with a label divider. Provide bench binder with exhibits on first day of trial using 1-1/2-inch binders with locking rings.
The rule requires certificate of service. Witness list with descriptions due 35 days before pretrial conference
The rule requires certificate of service. Exhibit lists with descriptions due 35 days before pretrial conference
Parties may contact Judge Charles R. Breyer's chambers by phone only as allowed by the rule. The rule lists phone 415-522-2062. Courtroom technology available; additional equipment requires court order and coordination with Lashanda Scott.
A motion to seal is required for covered sealed filings before Judge Charles R. Breyer. Documents may only be filed under seal with narrowly tailored court order meeting legal standard.
Judge Charles R. Breyer's rules specify what an adjournment or extension request must include. The request must include court approval. Only Court-approved continuance releases parties from proceeding obligation.
Yes. Judge Charles R. Breyer's rules include a junior lawyer participation incentive. Junior lawyers and underrepresented attorneys invited to argue motions and question witnesses
Witness list with descriptions due 35 days before pretrial conference
Exhibit lists with descriptions due 35 days before pretrial conference
Joint juror questionnaire, voir dire questions, and case statement due 28 days before jury selection
Motions in limine deadlines and page limits (21/14/7 days, 7/7/3 pages)
Joint proposed pretrial order due 21 days before pretrial conference
Proposed jury instructions must be filed 7 days before pretrial conference in Word format on CD and email, with hard copies.
Joint proposed special verdict form must be filed 7 days before pretrial conference.
Trial briefs (optional) must be filed 7 days before trial commencement.
Transcript arrangements must be made 10 days before trial with Court Reporting Services.
Courtroom technology available; additional equipment requires court order and coordination with Lashanda Scott.
Trial schedule: 9 AM to 4 PM daily with breaks; counsel must arrive by 8:45 AM.
Counsel must meet and confer to exchange opening statement visuals/exhibits and resolve objections before trial.
Witnesses not on pretrial list require good cause; rebuttal witnesses exempt except experts.
Counsel must provide daily witness order and exhibit lists before trial begins.
Counsel must have next witness ready in courthouse; failure may constitute resting.
Multiple defendants must coordinate cross-examination to avoid duplication.
Expert testimony limited to report scope; exhibits must be in report; cross may open door.
Use numbers only for exhibits, preferably same as deposition numbers, with blocks assigned to each party.
Past damages cut-off is expert report date; future damages allowed if standards met.
Bring original and clean copies of depositions on first day of trial with corrections readily available.
Provide deposition testimony to all parties at least 5 calendar days before trial use.
Designate deposition testimony by photocopying specific pages and marking proffered portions.
Other parties must review and return deposition packets with objections highlighted in yellow and additional passages in blue.
Provide bench binder with exhibits on first day of trial using 1-1/2-inch binders with locking rings.
Exhibit labels must be in lower right-hand corner in prominent, bold typeface.
All exhibits must be referred to as “Trial Exhibit No.” not by party ownership.
Deposition exhibit numbers must conform to trial exhibit numbers when testimony is read to jury.
All examination time (direct, cross, re-direct, re-cross) must fit within party's time limit.
Opening and closing statements have separate time limits from examination time.
Counsel must track all parties' time usage.