Judge Haywood S. Gilliam Jr.
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- 2 copies
- Not required
Exhibits
- 1 copy • Chambers Drop Off • Seven Days Before Trial
Motion In Limine
- Upon Filing
Motion In Limine, Opposition
Adjournments
- Request for more than 10 claim construction terms requires good cause demonstration and must be filed 2 weeks before deadline; without leave, only first 10 terms will be construed and sanctions may apply.
Communication
Chambers
Phone
Chambers
Letter via ECF
Magistrate Judge
Letter via ECF
Chambers
Page & Word Limits14 rules
Each party is limited to bringing five motions in limine.
Motion In Limine
Each motion shall be no longer than five pages and should address a single, separate topic.
Motion In Limine
5 pages
Applies to: Attorney
Each opposition is limited to five pages; the moving party shall not file a reply brief.
Opposition
5 pages
Applies to: Attorney
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.
Joint Statement
3 pages
Applies to: Attorney
Parties are limited to filing one motion for summary judgment. Any party wishing to exceed this limit must request leave of Court and must show good cause.
Each motion and opposition shall be no longer than five pages and should address a single, separate topic.
Motion In Limine
5 pages
Applies to: Attorney
Opposition
5 pages
Applies to: Attorney
Each party's explanation for a disputed jury instruction is limited to one page.
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.
Jury Instructions
1 page
Applies to: Attorney
Each party's explanation for whether a disputed instruction should be given is limited to one page.
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.
Jury Instructions
1 page
Applies to: Attorney
Parties must jointly file a proposed Statement of the Case, limited to one page double-spaced unless extremely complex.
Proposed Statement of the Case. The parties shall jointly file a proposed Statement of the Case to be read to the jury during voir dire. Unless the case is extremely complex, this statement should not exceed one page (double-spaced).
Statement Of Case
1 page
Applies to: Attorney
Each party's explanation for a disputed verdict form is limited to one page.
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.
Verdict Form
1 page
Applies to: Attorney
Trial briefs are optional but limited to five pages and must not duplicate the joint pretrial statement.
Trial Briefs. Parties are not required to file trial briefs. If a party chooses to file a trial brief, it shall not be longer than five pages. Trial briefs shall not duplicate the contents of the joint pretrial statement and proposed order.
Trial Brief
5 pages
Applies to: Attorney
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.
Jury Instruction Explanation
1 page
Applies to: Attorney
If the verdict form is disputed, each party shall explain, in no more than one page, why its proposed verdict form should be given.
Verdict Form Explanation
1 page
Applies to: Attorney
At the claim construction hearing, each side will generally be permitted 90 minutes to present its argument.
Document Format Requirements8 rules
All courtesy copies must be double-sided, three-hole punched at the left margin, and marked with the ECF stamp (case number, document number, date, and page number) on the top of each page.
Trial hours are 8:30 a.m. to 1:30 p.m. Monday through Friday; counsel must arrive by 8:00 a.m.
Trial will be conducted from 8:30 a.m. to 1:30 p.m. on Mondays through Fridays. Counsel must arrive by 8:00 a.m. each day, or earlier if directed by the Court, to discuss any matters that need to be heard outside the presence of the jury.
Demonstrative exhibits and visual aids that are duplicative of the arguments made in the parties’ claim construction briefs are strongly discouraged.
Each PDF document should be text-searchable whenever practicable. This requirement is waived for litigants proceeding pro se.
Westlaw citations preferred for unpublished cases; otherwise include case number, court name, and date.
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.
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.
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.
Counsel shall e-mail a copy of their proposed jury instructions in Word format to HSGpo@cand.uscourts.gov.
DOCX
Document Filing Requirements53 rules
Joint claim construction statement must be truly joint with disputed terms designated and side-by-side constructions.
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.
DocumentJoint Claim Construction Statement
Parties must follow FRCP, Patent Local Rules, and General Orders except where superseded by this standing order.
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.
DocumentGeneral
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.
DocumentJoint Claim Construction Statement
Court will generally construe no more than 10 terms; parties must meet and confer to narrow terms if more than 10 are at issue.
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.
DocumentJoint Claim Construction Statement
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.
DocumentJoint Case Management Status Report
Government must email plea agreement to HSGcrd@cand.uscourts.gov by 2:00 p.m. Friday before plea.
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.
DocumentPlea Agreement
Parties must follow federal criminal rules, local rules, and general orders except where superseded by this standing order.
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.
DocumentGeneral
Government must email mandatory remand statute status to HSGcrd@cand.uscourts.gov by Monday before hearing.
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.
DocumentGeneral
Motions must follow Criminal Local Rule 47-1, consult scheduling notes for available dates, comply with Rule 47-2.
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.
DocumentMotion
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.
DocumentPretrial Statement
Joint pretrial statement must include specific language above 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 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.
DocumentJoint Pretrial Statement
Parties must file joint proposed jury instructions using Ninth Circuit Model Jury Instructions, with modifications clearly marked using strikethrough and underline.
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.
DocumentProposed Jury Instructions
At least three days prior to the first day of trial, the parties shall file form exhibit and witness lists.
DocumentExhibit List
Submit a flash drive with exhibits to the Clerk's office 7 days before trial.
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)
DocumentExhibits
File form exhibit and witness lists
DocumentExhibit And Witness Lists
Plaintiff/removing defendant must serve standing order on all parties and file 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.
DocumentStanding Order
Parties must follow FRCP, Local Rules, and General Orders except as superseded by this standing order.
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.
DocumentGeneral
Stipulation and Proposed Order for ADR must be filed 7 days before case management conference.
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
DocumentStipulation And Proposed Order
Joint case management statement required 7 days before conference; separate allowed for pro se cases.
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.
DocumentCase Management Statement
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.
DocumentProposed Order
Parties must meet and confer and file a joint set of proposed 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.
DocumentVoir Dire Questions
Disputed voir dire questions must be identified and submitted without argument.
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.
DocumentVoir Dire Questions
Parties must meet and confer on a joint verdict form; if disputed, each party may submit a separate form with a one-page explanation.
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.
DocumentVerdict Form
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.
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.
DocumentJury Instructions
Disputed jury instructions require each party to provide proposed language and a one-page explanation.
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.
DocumentJury Instructions
Parties must agree on exhibit number blocks and withdraw duplicate exhibits, identifying them in the joint pretrial statement.
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.
DocumentExhibits
Exhibits must be pre-marked with trial exhibit stickers and defendant's numbers must follow plaintiff's numbers.
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.
DocumentExhibits
At least 14 days prior to the Pretrial Conference, the parties shall make a good faith effort to stipulate to exhibits' admissibility.
DocumentPretrial Filing
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.
DocumentMotion In Limine
The form witness list should include the following columns: (1) Witness Name; (2) Brief Summary of Testimony; and (3) Exhibits (left blank).
DocumentWitness List
Motions should be clearly identified as '___________'s Motion in Limine No. __ Re: ____________.'
DocumentMotion In Limine
Exhibit list must include specific columns with certain fields left 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).
DocumentExhibit List
Joint statements of undisputed facts are not required but are helpful if completely agreed upon. Separate statements of undisputed facts may not be filed.
DocumentMotion
Exhibit lists must be filed, exhibits premarked with Government using 1-100 and Defendant using 101-200.
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.
DocumentExhibit List
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).
DocumentPretrial Statement
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;
DocumentTrial Memorandum
Serve and file a witness list that includes a brief summary of the testimony of each witness;
DocumentWitness List
Proposed jury instructions must be filed jointly, use Ninth Circuit Model where possible, and show modifications with strikethrough/underline.
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.
DocumentJury Instructions
Trial exhibits must be jointly prepared, pre-marked with trial exhibit stickers, and defendant's numbers after government's.
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.
DocumentExhibits
Motions should be clearly identified as “___________’s Motion in Limine No. __ Re: ____________.”
DocumentMotion In Limine
Parties must file a written request and proposed order at least 7 days before trial to bring additional technology into the courthouse.
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.
DocumentTechnology Request
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.
DocumentTranscript Order Form
Tutorial allows 45 minutes per side for non-argumentative technology presentation; patentee presents first; demonstrations encouraged.
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.
DocumentTutorial Presentation
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.
DocumentGeneral
Trials conducted 8:30 a.m. - 1:30 p.m., Monday through Friday at Oakland Courthouse.
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.
DocumentGeneral
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.
DocumentGeneral
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.
DocumentGeneral
5. Civil case management conferences are generally conducted via Public Zoom Webinar on Tuesdays at 2:00 p.m.
DocumentCase Management Conference
Filing & Service rules
Filing Timing and Cure Windows
Pretrial filings must be filed no later than 14 days before the pretrial conference.
Unless otherwise ordered, the parties shall file the documents listed in paragraphs 6–15 (i.e., joint pretrial statement and proposed order, proposed jury instructions, proposed voir dire questions, proposed verdict forms, proposed statement of the case, and trial briefs) no later than 14 days before the pretrial conference.
Civil cases
Page 2 | PRETRIAL FILINGS
Motions in limine must be filed at least 21 days before the pretrial conference.
Motions in limine must be filed with the Court no later than 21 days prior to the date set for the Pretrial Conference.
Civil cases
Page 7 | MOTIONS IN LIMINE
Parties must disclose witnesses and exhibits by noon the day before they intend to call them.
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.
Civil cases
Page 8 | TRIAL
Opposition to motions in limine must be filed at least 14 days before the pretrial conference.
Any party opposing a motion in limine shall file its opposition papers (or statement of non-opposition) no later than 14 days prior to the Pretrial Conference.
Civil cases
Page 8 | MOTIONS IN LIMINE
All pretrial filings (joint pretrial statement, trial memorandum, witness list, exhibit lists, proposed jury instructions) must be filed at least 7 days before the Pretrial Conference.
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).
Criminal cases
Page 1 | PRETRIAL FILINGS
Reply briefs are not permitted for motions in limine.
Reply briefs are not permitted.
Criminal cases
Page 4 | MOTIONS IN LIMINE
Opposition to motions in limine must be filed at least 7 days before Pretrial Conference.
Any opposition thereto must be filed and served at least seven (7) days before the Pretrial Conference.
Criminal cases
Page 4 | MOTIONS IN LIMINE
Motions in limine must be filed at least 14 days before Pretrial Conference.
Any party wishing to have motions in limine heard prior to the commencement of trial must file and serve them at least fourteen (14) days prior to the Pretrial Conference.
Criminal cases
Page 4 | MOTIONS IN LIMINE
Transcript order form must be e-filed at least 14 days before trial if daily transcript or real-time reporting is desired.
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.
Civil cases
Page 8 | TRIAL
Parties must file a written request and proposed order at least seven days before trial to bring additional technology into the courthouse.
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.
Civil cases
Page 8 | TRIAL
Courtesy Copy Requirements
Two side-tabbed binder courtesy copies of pretrial materials must be delivered to the Clerk's office by noon the day after filing.
Two side-tabbed binders containing courtesy copies of these materials (as well as any motions in limine, oppositions to those motions, and/or statements of non-opposition) must be delivered to the Clerk's office by noon the day after filing.
Civil cases
Page 2 | PRETRIAL FILINGS
Exhibits must be delivered on a labeled flash drive to the Clerk's office seven days before trial; paper courtesy copies are not required unless ordered.
A flash drive containing the exhibits identified in Section (h) of the joint pretrial statement and proposed order (and not already excluded by the Court in limine) must be delivered to the Court via the Clerk's office seven days before trial and must be labeled clearly with Judge Gilliam's name, the case number, and the title 'Trial Exhibits.' Unless otherwise ordered by the court, paper courtesy copies of those exhibits need not be submitted.
Civil cases
Page 7 | PRETRIAL FILINGS
Submit two binders with specified pretrial documents to the Clerk's office by noon 13 days before pretrial conference.
Submit two binders to the Clerk’s office containing the joint pretrial statement and proposed order, any proposed jury instructions, voir dire questions, verdict forms, statement of the case, and trial briefs, as well as all motions in limine, oppositions, and/or statements of non-opposition
Civil cases
Page 10 | APPENDIX A
Paper courtesy copies prohibited unless requested; digital courtesy copies may be ordered.
Paper courtesy copies shall not be submitted unless the Court requests them. The Court may at times order the parties to provide digital courtesy copies of motions filings, including supporting documents, on portable media (e.g., a CD or flash drive).
Civil cases
Page 5 | CONFORMITY TO RULES
Deliver two copies of pretrial statement in three-ringed binders to Oakland Clerk's Office.
Parties shall deliver two copies of the pretrial statement, attaching the items described above, in three-ringed binders that comply with the instructions at paragraph 19 below to the Oakland Clerk’s Office.
Criminal cases
Page 3 | Pretrial Filings
Deliver two sets of exhibit binders to Clerk's office five days before trial, one marked Chambers Copies and one Clerk's Copies, with label dividers.
Two sets of binders containing copies of the exhibits must be provided to the Clerk’s office in Oakland five days before trial. One should be marked “Chambers Copies” and the other as “Clerk’s Copies.” Each exhibit must be separated with a label divider identifying the exhibit
Criminal cases
Page 4 | EXHIBITS
Courtesy copies of motions in limine and oppositions must be provided per paragraph 19.
Courtesy copies of all motions in limine and oppositions thereto shall be provided in the manner set out at paragraph 19.
Criminal cases
Page 4 | MOTIONS IN LIMINE
Two courtesy copies required for all filings, with specific formatting (double-sided, three-hole punched, ECF stamp, chambers copy marking, envelope labeling) and exhibits must be side-tabbed.
Counsel shall submit two courtesy copies of all filings. All courtesy copies must be double-sided, three-hole punched at the left margin, and marked with the ECF stamp (case number, document number, date, and page number) on the top of each page. These printed copies shall be marked “Chambers Copy – Do Not File” and shall be in an envelope clearly labeled with Judge Gilliam’s name and the case number. Exhibits to motions or declarations shall be side-tabbed and numbered or lettered.
Criminal cases
Page 5 | COURTESY COPIES
Courtesy copies must be in three-ring binders if the filing exceeds 50 pages including exhibits.
If the documents filed exceed 50 pages including exhibits, the filing party shall submit courtesy copies in three ring binders.
Criminal cases
Page 5 | COURTESY COPIES
Courtesy copy binders must be marked 'Chambers Copy – Do Not File' and labeled with judge name and case number.
These binders shall be marked 'Chambers Copy – Do Not File' and shall be clearly labeled with Judge Gilliam's name and the case number.
Civil cases
Page 2 | PRETRIAL FILINGS
Courtesy copies of motions in limine should not be submitted until pretrial filings are due 14 days before the pretrial conference.
No party filing a motion in limine should submit courtesy copies of their motions to the Court until the parties file their pretrial filings 14 days before the Pretrial Conference.
Civil cases
Page 8 | MOTIONS IN LIMINE
Courtesy copies of motions in limine and oppositions must be included in the pretrial binder as described in paragraph five.
Courtesy copies of all motions in limine and oppositions must be included in the binder containing the parties' pretrial filings in the format described in paragraph five of this Order.
Civil cases
Page 8 | MOTIONS IN LIMINE
Paper courtesy copies not submitted unless requested; digital copies may be ordered on portable media.
8. Paper courtesy copies shall not be submitted unless the Court requests them. The Court may at times order the parties to provide digital courtesy copies of motions filings, including supporting documents, on portable media (e.g., a CD or flash drive).
Criminal cases
Page 2 | COURTESY COPIES
One extra copy of witness lists and exhibit lists must be furnished to the court reporter.
In addition, one extra copy of the witness lists and exhibit lists should be furnished to the court reporter.
Criminal cases
Page 5 | COURTESY COPIES
Sealing & Redaction Procedures
Sealing requires compliance with Civil Local Rule 79-5 with judge-specific modifications.
Any party seeking to file a document under seal must carefully review and comply with Civil Local Rule 79-5, except as that Rule is modified here for civil cases before Judge Gilliam.
Civil cases
Page 5 | MOTIONS TO SEAL
Proposed sealing order must include table with docket numbers, document names, specific portions, and sealing reasons with citations.
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.
Civil cases
Page 5 | MOTIONS TO SEAL
Must provide specific justification for sealing each document; generic 'competitive harm' claims insufficient.
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.
Civil cases
Page 5 | MOTIONS TO SEAL
Motion to seal must specify which standard applies and provide explanation.
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).
Civil cases
Page 5 | MOTIONS TO SEAL
Revised redacted/unredacted versions required for declarations seeking less extensive sealing than administrative motions.
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. In addition, any declaration by a Designating Party under Civil Local Rule 79-5(c)(3) that seeks less extensive sealing than its associated administrative motions to seal must be accompanied by revised redacted and unredacted versions of the documents sought to be sealed that comply with the requirements of Civil Local Rule 79-5(d) and (e), including the requirement that the portions sought to be sealed must be clearly marked on the unredacted version.
Civil cases
Page 6 | MOTIONS TO SEAL
Filing Bundling Requirements
At least 12 weeks required between dispositive/Daubert motions deadline and final pretrial conference.
The parties must allow at least twelve weeks between the proposed dispositive and Daubert motions hearing deadline and the proposed final pretrial conference.
Civil cases
Page 3 | SCHEDULING
At least 2 weeks required between final pretrial conference and trial start.
The parties must also allow at least two weeks between the proposed final pretrial conference and the first day of the proposed trial.
Civil cases
Page 3 | SCHEDULING
Daubert motions must be filed and heard by dispositive motion deadline.
Daubert motions must be filed and heard by the dispositive motion hearing deadline.
Civil cases
Page 3 | SCHEDULING
Later-filing party must cite to earlier exhibit; joint appendix encouraged.
Where each party relies on the same exhibit, the later-filing party should cite to the earlier-filed exhibit and should not file a duplicate exhibit. If possible, the parties should meet and confer prior to filing a motion and submit a joint appendix of evidence.
Civil cases
Page 4 | EXHIBITS
Pre-Motion Conference Requirements
Testimony at claim construction requires motion 7 days in advance.
If the either party wishes to present testimony at the claim construction hearing, counsel must seek leave of Court by filing an administrative motion pursuant to Civil Local Rule 7-11 at least seven days in advance of the hearing.
Civil cases
Motions in limine may not seek summary judgment or Daubert challenges without prior court approval.
Motions in limine cannot be used to request summary judgment or raise Daubert challenges unless the Court has specifically granted prior approval.
Civil cases
Page 7 | MOTIONS IN LIMINE
Parties must attempt to resolve evidentiary issues before filing a motion in limine.
No party may file a motion in limine without first making a good faith effort to resolve the evidentiary issue with opposing counsel.
Civil cases
Page 7 | MOTIONS IN LIMINE
Parties must meet and confer at least 21 days before the pretrial conference to resolve evidentiary issues by stipulation.
The parties shall meet and confer no later than 21 days before the pretrial conference to determine whether any evidentiary issues may be resolved by stipulation.
Civil cases
Page 7 | MOTIONS IN LIMINE
Parties must meet in person or by phone at the end of each trial day to discuss next day's exhibits and demonstratives; email is insufficient.
At the end of the trial day, the parties shall meet and confer regarding all exhibits and demonstratives intended to be produced on the following day. Meeting and conferring via email is not sufficient; the parties must meet in person or over the telephone.
Civil cases
Page 8 | TRIAL
Motions in limine will be heard at the pretrial conference or as directed by the court.
The motions will be heard at the Pretrial Conference or at such other time as the Court may direct.
Civil cases
Page 8 | MOTIONS IN LIMINE
Adjournment & Extension Requirements
Request for more than 10 claim construction terms requires good cause demonstration and must be filed 2 weeks before deadline; without leave, only first 10 terms will be construed and sanctions may apply.
If a party has a good-faith basis for believing 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. The request must be filed no later than two weeks before the deadline for filing the joint claim construction statement. If good cause is shown, the Court will either agree to construe all terms or schedule a later proceeding to construe the remaining terms before trial. 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 and sanctions may be imposed.
Civil cases
Page 2 | JOINT CLAIM CONSTRUCTION STATEMENT
Chambers Communication Rules
No ex parte contact with judge or chambers; contact Courtroom Deputy Nikki Riley at (510) 637-3543 for scheduling.
2. Counsel shall not attempt to contact Judge Gilliam or his chambers staff by telephone, email, or any other ex parte means, but may contact his Courtroom Deputy, Nikki Riley, at (510) 637-3543 regarding scheduling or other appropriate matters.
Criminal cases
Page 1 | COMMUNICATION WITH THE COURT
Certain pretrial documents must be emailed in Word format to chambers no later than 14 days before the final pretrial conference.
No later than 14 days before the final pretrial conference, the parties shall also submit the proposed joint pretrial statement and proposed order, and any proposed jury instructions, voir dire questions, verdict form(s), and statement of the case in Word format via email to HSGpo@cand.uscourts.gov.
Civil cases
Page 2 | PRETRIAL FILINGS
Email Word versions of specified pretrial documents to HSGpo@cand.uscourts.gov 14 days before pretrial conference.
Email Word versions of the proposed joint pretrial statement and proposed order, proposed jury instructions, voir dire questions, verdict form(s), and statement of the case to HSGpo@cand.uscourts.gov.
Civil cases
Page 10 | APPENDIX A
No ex parte contact with judge or chambers staff; contact Courtroom Deputy Nikki Riley at (510) 637-3543 for scheduling.
3. Counsel shall not attempt to contact Judge Gilliam or his chambers staff by telephone, email, or any other ex parte means, but may contact his Courtroom Deputy, Nikki Riley, at (510) 637-3543 regarding scheduling or other appropriate matters.
Civil cases
Page 1 | COMMUNICATION WITH THE COURT
Counsel must e-mail proposed verdict forms in Word format to chambers.
Counsel shall e-mail a copy of their proposed verdict forms in Word format to HSGpo@cand.uscourts.gov.
Criminal cases
Page 3 | Pretrial Filings
Counsel must e-mail proposed voir dire in Word format to chambers.
Counsel shall e-mail a copy of their proposed voir dire in Word format to HSGpo@cand.uscourts.gov.
Criminal cases
Page 3 | Pretrial Filings
Patent disclosure disputes and amendment/strike requests are typically referred to Magistrate Judge.
Any dispute regarding any party's patent disclosures pursuant to Patent Local Rules 3-1 to 3-5 typically is referred to the assigned Magistrate Judge. Requests to amend or strike a party's infringement contentions or invalidity contentions are likewise typically referred to the assigned Magistrate Judge.
Civil cases
Page 1 | REFERRAL TO MAGISTRATE JUDGE
All hearings and appearances will be held in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, California.
All hearings and appearances will be held in Courtroom 2 on the 4th Floor of the United States Courthouse, 1301 Clay Street, Oakland, California.
Civil cases
Page 2 | TUTORIAL AND CLAIM CONSTRUCTION HEARING
Court may appoint neutral expert to assist with claim construction and/or trial if deemed helpful.
Depending on the technology involved, the Court may determine that the assistance of a neutral expert would be helpful. In that case, the Court may direct the parties to confer and, if possible, reach an agreement as to three experts in the field who would be appropriate to act as a neutral expert to assist the Court during the claim construction proceedings and/or the trial.
Civil cases
Page 2 | TUTORIAL AND CLAIM CONSTRUCTION HEARING
No need to reserve motion dates; check website for next available date. Scheduling questions to Courtroom Deputy.
9. Counsel need not reserve motion hearing dates, but should check Judge Gilliam's scheduling notes on the Court's website to determine the next available law and motion calendar date. Motions may be reset as the Court's calendar requires. The order of call on each calendar will be determined by the Court. Scheduling questions should be addressed to Judge Gilliam's Courtroom Deputy.
Civil cases
Page 2 | SCHEDULING
Counsel must e-mail proposed jury instructions in Word format to chambers email.
Counsel shall e-mail a copy of their proposed jury instructions in Word format to HSGpo@cand.uscourts.gov.
Criminal cases
Page 2 | PRETRIAL FILINGS
Junior Lawyer Participation Incentives
Court may vacate hearings without oral argument, but will reschedule if junior lawyer (≤5 years) will argue.
10. The Court may find a matter suitable for disposition without oral argument and vacate the hearing on the matter. If, however, any party advises the Court in writing by no later than two days from the date of the order vacating the hearing that the argument for its side will be conducted by a lawyer who has been licensed to practice law for five or fewer years, then the Court will consider rescheduling the hearing in order to provide that opportunity.
Civil cases
Page 2 | SCHEDULING