Judge Edward M. Chen
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 1 copy
- 2 copies
Deposition
- 1 copy
Exhibits
- 2 copies
Notice
- 1 copy • Immediately Upon Filing
Adjournments
- Continuances require a showing of good cause, focusing on diligence and prejudice.
- Parties seeking to enlarge a filing deadline by way of a motion for administrative relief are admonished to file such a motion in advance of the filing deadline rather than on the day a brief or other matter is due.
- Procedural changes require a signed stipulation and proposed order or a motion for administrative relief.
- +1 more
Request must include
- Witnesses subpoenaed or requested to produce documents should ordinarily be served at least 30 days before the scheduled deposition unless otherwise stipulated, and arrangements should be made to permit inspection of the documents before the deposition commences.
- The parties shall comply with Civ. L.R. 30-1. Generally, the party seeking the deposition may notice it at least ten (10) days in advance.
Communication
Phone
Clerk, Chambers
Page & Word Limits5 rules
Each party or side is limited to filing one summary judgment motion.
In pro se cases, parties should attempt a joint statement; if not possible, separate statements are allowed, each limited to 7 pages.
- Case management statement for self-represented parties
- Up to 7 pages
Court's wording
In cases involving pro se litigants, parties shall attempt to file a joint statement; if after due diligence, an agreement cannot be reached, the parties may file separate case management statements, with each statement not to exceed seven (7) pages.
Each party shall submit a trial brief not to exceed 15 pages absent court order.
- Trial brief
- Up to 15 pages per party
All other requests for discovery relief (including requests for discovery-related sanctions) must be made by the parties in a joint letter brief no longer than three pages.
- Discovery letter brief
- Up to 3 pages
Simplified jury statement limited to one paragraph unless case is extremely complex.
Court's wording
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.
Document Format Requirements5 rules
Exhibits must be premarked, tagged, three-hole punched, and submitted in binders to chambers (not filed).
- Exhibits
Formatting
- •Premarked
- •Tagged
- •Three-hole-punched
Court's wording
Exhibits are not to be filed but rather shall be submitted to chambers. Exhibits must be premarked. In addition, one set of exhibits must be tagged. Exhibits shall be three-hole punched and shall be submitted in binders.
For hard copies, (1) all documents must be three-hole punched on the left-hand side; and (2) exhibits to declarations must be tabbed.
Formatting
- •Exhibits to declarations must be tabbed
Electronically filed declarations with exhibits must be bookmarked with hyperlinks and filed as a single PDF.
- File type
- Declaration
Court's wording
If electronically filed, declarations containing exhibits must be bookmarked (i.e., if the declaration makes reference to an exhibit, the declaration must contain a hyperlink to the corresponding exhibit; declarations and exhibits to be filed as a single PDF.).
Tabs *must* be used for exhibits attached to declarations, including chambers copies.
Exhibits must be numbered (not lettered), assigned in blocks per party, marked only once, and referred to as 'Trial Exhibit No. ____'. Deposition exhibit numbers must be conformed to trial numbers.
Formatting
- •Use numbers only, not letters
- •Assign blocks of numbers per party
- •Each exhibit marked only once
- •Conform deposition exhibit numbers to trial numbers
Court's wording
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, Defendant B has 201 to 300, etc.). A single exhibit should be marked only once. If the plaintiff has marked an exhibit, then the defendant should not re-mark it. Different versions of the same document, e.g., a copy with additional handwriting, must be treated as different exhibits. 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.” 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 (so as to avoid confusion over exhibit numbers).
Document Filing Requirements41 rules
Letters to the court are prohibited except for discovery disputes or with court permission; all communications must be in pleading form.
Court's wording
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.
Separate statements of undisputed facts will not be considered by the Court.
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.**
Plaintiffs' counsel must include a 'Manageability of the Class Action Trial' section in class certification motions.
- Document
- Motion
Must include
- •Manageability of the Class Action Trial
Court's wording
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.
plaintiffs' counsel must file a proposed verdict form in connection with the motion for class certification.
- Document
- Motion
Must include
- •Proposed verdict form
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).
Each party filing or opposing a motion must serve a proposed order with the motion or opposition.
- Document
- Motion
Must include
- •Proposed order
Court's wording
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.
b. Relief Prayed. A statement of all relief sought, particularly itemizing all elements of damages claimed.
Joint pretrial statement must list disputed factual issues organized by counts
Court's wording
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.
The Action. a. Substance of the Action. A brief description of the substance of claims and defenses which need to be decided.
Joint pretrial statement must list all stipulated undisputed facts
Court's wording
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.
At least twenty-one (21) days prior to the final pretrial conference, the parties shall file a joint pretrial conference statement.
The statement shall contain the following information:
Estimate of Trial Time. An estimate of the number of hours needed for the presentation of each party's case.
Joint pretrial statement must address magistrate judge consent and feasibility
Court's wording
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.
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.
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
d. Bifurcation or Separate Trial of Issues. A statement of whether bifurcation or a separate trial of specific issues is feasible and desired.
Discovery letter briefs must be e-filed under the Civil Events category of Motions and Related Filings > Motions – General > “Discovery Letter Brief.”
Joint letter brief must attest to in-person meet and confer (phone only with good cause).
Court's wording
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
Document production responses must affirmatively state extent of production and confirm completion after diligent search.
Court's wording
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.
Plaintiff/removing defendant must serve standing orders to all parties and file certificate of service.
- Document
- Standing order
Include
- •Certificate of service
Court's wording
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.
Parties are directed to inform the Court of any and all reasonable bases for recusal at the earliest possible date.
Joint Pretrial Conference Statement / Trial Briefs - 21 days before Pretrial Conference
Non-Expert Discovery Closed - Thursday after 10 Thursdays before last day to hear dispositive motions
Las Day to File Dispositive Motions - 35 days before the hearing on dispositive motions
Last Day to Hear Dispositive Motions - 10 Thursday before Pretrial Conference
Rebuttal Expert Disclosure - 21 days after expert disclosure
Objections - 10 days before Pretrial Conference
Expert Discovery Closed - 21 days after rebuttal expert disclosure
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.
Deponents may only be instructed not to answer to preserve privilege, enforce court order, or under FRCP 30(d)(3).
Court's wording
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).
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.
A party may be subject to sanctions if the party consistently impedes, or otherwise unreasonably delays, the fair examination of the deponent.
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.
Trial - Monday at 8:30 a.m. (approximately one year from first CMC)
Pretrial Conference - 4 Tuesdays prior to trial at 2:30 pm
Expert Disclosure - same as close of non-expert discovery
Meet and Confer - 21 days before Pretrial Conference Statement
Extra copies of documents used during the deposition should ordinarily be provided to opposing counsel and the deponent.
Filing & Service rules
Filing Timing and Cure Windows
Joint case management statement must be filed one week before the conference.
The *joint* case management statement must be filed one week in advance of the case management conference date.
Page 2 | 6. Case Management Conference Statement
First notice of objection must be provided one court day before trial.
The first notice of objection shall be provided one court day prior to the first day of trial.
Civil cases
Page 3 | WITNESSES
Service and Proof of Service Rules
Plaintiff must serve specified standing orders on all parties and file a certificate of service.
Plaintiff (or in the case of removed cases, any removing defendant) is directed to serve copies of: (1) this standing order, (2) this Court's "Civil Standing Order on Discovery," and (3) the "Standing Order for All Judges of the Northern District of California – Contents of Joint Case Management Statement" 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. The plaintiff (or in the case of removed cases, any removing defendant) shall also file with the Clerk of the Court a certificate reflecting such service, in accordance with Civil Local Rule 5-5.
Page 3 | Service of Standing Orders
Courtesy Copy Requirements
Chambers copies are required only when the court requests them or for final pretrial conference, claim construction hearing, or summary judgment proceedings.
Chamber hard copies are not required except when (1) the Court expressly asks the parties to provide hard copies or (2) the parties are making filings for: (a) a Final Pretrial Conference; (b) a Claim Construction hearing; or (c) summary judgment proceedings.
Page 1 | 5. Chambers Copy
Two sets of exhibits must be submitted.
The parties shall submit two sets of all exhibits.
Civil cases
Page 6 | Exhibits
All notices should be provided in writing and filed with the Court, and a courtesy copy should be given to chambers immediately.
All notices should be provided in writing and filed with the Court, and a courtesy copy should be given to chambers immediately.
Civil cases
Page 3 | WITNESSES
Exhibits must be submitted to chambers (two sets), premarked, one set tagged, three-hole punched, and in binders. They are not to be filed on the docket.
Exhibits are not to be filed but rather shall be submitted to chambers (two sets). Exhibits must be premarked. In addition, one set of exhibits must be tagged. Exhibits shall be three-hole punched and shall be submitted in binders. Sample tags may be obtained from the Courtroom Deputy and are attached as Exhibit A hereto.
Civil cases
Page 6 | EXHIBITS
On first trial day, bring original and clean copies of depositions; provide sealed original to judge.
On the first day of trial, bring the original and clean copies of any deposition(s) intended to be used. A sealed original copy shall be provided to the Judge.
Civil cases
Page 4 | USE OF DEPOSITIONS TO IMPEACH OR SHORT READ-INS
Pre-Motion Conference Requirements
Motions in limine require specific timing for service and filing.
At least thirty-two (32) days before the pretrial conference, serve – but do not file – the moving papers. At least twenty-five (25) days before the conference, serve – but do not file – the oppositions. When the oppositions are received, the moving party should collate the motion and opposition together, back to back, and then file the paired sets (each set under separate cover) at least twenty-one (21) days prior to the conference.
Civil cases
Page 4 | C. PRETRIAL MATERIALS
Court may order additional briefing, telephonic conference, or in-person meet-and-confer at courthouse with lead trial counsel.
The Court will advise the parties if additional briefing or a telephonic conference will be necessary. The Court may order the parties to further meet and confer at the federal courthouse with lead trial counsel in attendance.
Civil cases
Adjournment & Extension Requirements
Continuances require a showing of good cause, focusing on diligence and prejudice.
Continuances will be granted only upon a showing of good cause, with a particular focus on diligence by the party seeking the continuance and prejudice that may result if the continuance is denied.
Page 1 | 4. Changes to the Court Calendar
Procedural changes require a signed stipulation and proposed order or a motion for administrative relief.
Parties seeking to continue hearings, request special status conferences, modify briefing schedules, or make any other procedural changes shall submit a signed stipulation and proposed order or, if stipulation is not possible, a motion for administrative relief.
Page 1 | 4. Changes to the Court Calendar
The parties shall comply with Civ. L.R. 30-1. Generally, the party seeking the deposition may notice it at least ten (10) days in advance.
The parties shall comply with Civ. L.R. 30-1. Generally, the party seeking the deposition may notice it at least ten (10) days in advance.
Civil cases
Page 2 | 3. Depositions
Witnesses subpoenaed or requested to produce documents should ordinarily be served at least 30 days before the scheduled deposition unless otherwise stipulated, and arrangements should be made to permit inspection of the documents before the deposition commences.
Witnesses subpoenaed or requested to produce documents should ordinarily be served at least 30 days before the scheduled deposition unless otherwise stipulated, and arrangements should be made to permit inspection of the documents before the deposition commences.
Civil cases
Page 2 | 3. Depositions
Continuances require advance express approval by the Court.
Only an advance continuance expressly approved by the Court will release parties from their obligation to proceed to trial.
Civil cases
Page 7 | SETTLEMENTS AND CONTINUANCES
Parties seeking to enlarge a filing deadline by way of a motion for administrative relief are admonished to file such a motion in advance of the filing deadline rather than on the day a brief or other matter is due.
Parties seeking to enlarge a filing deadline by way of a motion for administrative relief are admonished to file such a motion in advance of the filing deadline rather than on the day a brief or other matter is due.
Page 1 | 4. Changes to the Court Calendar
Chambers Communication Rules
Ex parte contact with judge or chambers is prohibited; contact the courtroom deputy clerk by phone or email for scheduling inquiries.
Parties shall not attempt to make ex parte contact with the Judge or his chambers staff by telephone, facsimile, or any other means but may contact the Courtroom Deputy Clerk, Vicky Ayala, at (415) 522-2034, or email at emccrd@cand.uscourts.gov, with appropriate inquiries (e.g., scheduling inquiries).
Page 1 | 2. Communication with the Court
Lead counsel must meet and confer 42 days before final pretrial conference
At least forty-two (42) days prior to the final pretrial conference, lead counsel who will try the case shall meet and confer regarding the following:
Civil cases
Page 1 | A. MEET AND CONFER
Deposition disputes may be resolved via telephonic conference with Courtroom Deputy.
If a dispute arises during a deposition and involves a persistent obstruction of the deposition or a refusal to answer a question in violation of this Standing Order, parties may arrange a telephonic conference with the Court through the Courtroom Deputy, Angella Meuleman, at (415) 522-2034.
Civil cases
Page 2 | 3. Depositions
If there is an emergency discovery dispute, parties may request a telephonic conference with the Court through the Courtroom Deputy. If possible, the parties shall provide a short (one paragraph) description of the dispute prior to any conference call.
If there is an emergency discovery dispute, parties may request a telephonic conference with the Court through the Courtroom Deputy. If possible, the parties shall provide a short (one paragraph) description of the dispute prior to any conference call.
Civil cases
Page 2 | 4. Discovery Motions
If parties expect that a settlement will be final by the time of trial or the final pretrial conference, they should notify the Court immediately in writing or, if it occurs over the weekend before the trial or conference, by voicemail to the Courtroom Deputy.
If parties expect that a settlement will be final by the time of trial or the final pretrial conference, they should notify the Court immediately in writing or, if it occurs over the weekend before the trial or conference, by voicemail to the Courtroom Deputy.
Civil cases
Page 8 | SETTLEMENTS AND CONTINUANCES
Junior Lawyer Participation Incentives
Attorneys with 5 or fewer years of experience may request an in-person hearing instead of Zoom.
Although the Court generally hears civil motions by Zoom, if an attorney with five (5) or fewer years of experience requests, the Court will consider holding a live, in-person hearing.
Page 2 | 7. Motions
Court encourages allowing less experienced lawyers to argue motions or examine witnesses.
The Court strongly encourages parties to permit less experienced lawyers, including lawyers from historically under-represented groups, to actively participate in the proceedings by presenting argument at motion hearings or examining witnesses at trial.
Page 2 | 7. Motions