Judge Edward J. Davila
Limits & Logistics
Document Limits
Courtesy Copies
Filings (Complaint, Answer, Cross Complaint, Dispositive Motion)
Required
Adjournments
Must Include
- 1Reason For Request
- 2Why Testimony Would Be Useful
Communication
Phone
Chambers
Chambers
Chambers
Chambers
Phone
Chambers
Letter Ecf
Magistrate Judge
Detailed Drafting Rules
Contact Judge Davila's Courtroom Deputy for scheduling inquiries.
Parties and counsel may contact Judge Davila’s Courtroom Deputy, Cheré Robinson, at (408) 535-5356 or ejdcrd@cand.uscourts.gov with any inquiries regarding scheduling or any other matter.
No ex parte communication with Judge Davila or chambers staff without advance authorization.
Parties and counsel shall not engage in any ex parte communication with Judge Davila or his chambers staff by telephone, facsimile, e-mail or any other means unless such contact has been authorized in advance.
Contact Method
- Status Inquiries
Civil motions heard Thursdays at 9:00 AM by reservation only.
Civil Motions are heard on Thursdays at 9:00 a.m. by reservation only. Parties and counsel may reserve a hearing date by contacting Judge Davila’s Courtroom Deputy, Cheré Robinson, at ejdcrd@cand.uscourts.gov.
Substantive motions must comply with Local Rules 3-4, 7-2, 7-3; footnotes 12pt, double-spaced.
All substantive motions, oppositions and replies must comply with the General Requirements described in Civil Local Rule 3-4 and the page limitations described in Civil Local Rules 7-2 and 7-3 unless permission has been obtained from the Court in advance of filing. Footnotes shall be in no less than 12-point type and shall be double-spaced.
Demonstratives must be exchanged and submitted 48 hours before hearing.
Any demonstratives or presentations to be used at a hearing must be exchanged with opposing counsel and submitted to the Court at least 48 hours before the hearing. Parties shall provide electronic copies of the demonstratives or presentations to Judge Davila’s Courtroom Deputy, Cheré Robinson, at ejdcrd@cand.uscourts.gov.
No tentative rulings issued; submitted matters remain under submission.
Judge Davila does not issue tentative rulings on upcoming matters. Any matters that are taken under submission shall remain submitted until further order of the Court.
Contact Method
- Status Inquiries
Trial Setting Conferences on Thursdays at 11:00 a.m., scheduled 30 days before discovery closes.
Trial Setting Conferences are heard on Thursdays at 11:00 a.m. Civil actions will be scheduled for a Trial Setting Conference approximately 30 days before the close of fact discovery or on another date selected by the Court.
Direct to: Chambers
- Hours9:00 AM - 5:00 PM
Joint Trial Setting Conference Statement due 10 days before conference, max 10 pages.
No later than 10 days before the Trial Setting Conference, the parties shall file a Joint Trial Setting Conference Statement, not to exceed 10 pages in length, containing the following information:
Final Pretrial Conferences on Thursdays at 11:00 a.m., meet and confer 21 days prior.
Final Pretrial Conferences are heard on Thursdays at 11:00 a.m. No later than 21 days before the Final Pretrial Conference, lead counsel who will try the case shall meet and confer with respect to:
Direct to: Chambers
- Hours9:00 AM - 5:00 PM
Motions in limine limited to 7 pages and must address single topics.
Each motion in limine should be separate and address a single topic. Motions in limine and oppositions to motions in limine shall contain no more than 7 pages of briefing.
In-person appearances encouraged for Law and Motion and Case Management/Pretrial Conferences.
The Court encourages in-person appearances for Law and Motion and Case Management/Pretrial Conferences. However, the Court will consider requests to appear telephonically or via Zoom on a case-by-case basis.
Phone
Direct to: Chambers
- Advance Notice RequiredNot specified
- HoursNot specified
- Status Inquiries
Telephonic appearances generally denied for parties/counsel in Bay Area counties.
Absent compelling circumstances, the Court will not grant a request to appear telephonically for parties or counsel who reside or have an office located within any of the Bay Area counties (Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, and Sonoma) or those other counties covered by the San Jose Division (Monterey, San Benito, and Santa Cruz).
Phone
Direct to: Chambers
- Advance Notice RequiredNot specified
- HoursNot specified
- Status Inquiries
Moving party generally not granted telephonic appearance on motions.
In addition, the Court will not generally grant a request by the moving party on a motion.
Phone
Direct to: Chambers
- Advance Notice RequiredNot specified
- HoursNot specified
- Status Inquiries
Remote appearance parties must contact Courtroom Deputy for instructions; avoid mobile phones and speakerphones.
If a request to appear telephonically is granted, the party granted remote appearance must contact the Courtroom Deputy for specific instructions on appearing remotely. To ensure the quality of the record, the parties should avoid the use of mobile phones, speakerphones, public telephone booths, or phones in other public places.
Phone
Direct to: Chambers
- Advance Notice RequiredNot specified
- HoursNot specified
- Status Inquiries
Cross-motions for summary judgment must be incorporated into opposition brief (max 25 pages).
Any Cross-Motion for Summary Judgment, Partial Summary Judgment or Summary Adjudication shall be incorporated into the Opposition to the original like motion. The combined Opposition/Cross-Motion shall not exceed 25 pages in length.
Opposition to cross-motions must be incorporated into reply brief (max 15 pages).
Any opposition to a Cross-Motion shall be incorporated into the Reply to the opposition to the original like motion. The combined Reply/Opposition shall be limited to 15 pages in length.
Reply to opposition to cross-motion must be filed within 7 days (max 15 pages).
A Reply to the Opposition to the Cross-Motion may be filed and served not more than 7 days after the filing of the combined Reply/Opposition and shall be limited to 15 pages in length.
Chambers copy binders should not exceed 3 inches; print double-sided.
Whenever possible, the spine of a binder containing chambers copies should not exceed three inches in width, even if this limitation results in the use of multiple binders. Documents should be printed on both sides of each sheet of paper.
Disputes over Patent Disclosures and amendment requests are referred to the assigned Magistrate Judge.
Any dispute regarding any party's Patent Disclosures are referred to the assigned Magistrate Judge. Requests to amend a party's Infringement or Invalidity Contentions are likewise referred to the assigned Magistrate Judge.
Letter via ECF
Direct to: Magistrate Judge
- Status Inquiries
Opening and responsive briefs limited to 25 pages; reply briefs limited to 15 pages.
The opening and responsive briefs shall not exceed 25 pages; the reply brief shall not exceed 15 pages.