Judge Jon S. Tigar
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Pretrial Order, Motion
Adjournments
- Requests to extend filing deadlines or enlarge page limits should be made by stipulation if possible, filed at least 3 business days in advance; opposed requests require administrative motion filing, with opposition due by 12:00 p.m. one business day prior or per Local Rule 7-11.
- Requests to extend deadlines or continue hearing dates should be filed at least three business days prior to the deadline or hearing sought to be extended or continued. If the request is made by administrative motion rather than stipulation, any opposition must be filed (a) no later than 12:00 p.m. one business day before the deadline or hearing in question or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.
Communication
Clerk
Chambers
Page & Word Limits10 rules
Motions in limine must be filed 14 days before pretrial conference, limited to 25 pages in one document.
- Motions in limine
- Up to 25 pages
- In limine motions
Court's wording
Any party wishing to have motions in limine heard prior to the commencement of trial must file and serve them at least 14 days prior to the pretrial conference. All motions in limine must be contained in one document, limited to 25 pages, with each motion listed as a subheading.
Oppositions to motions in limine must be filed 7 days before pretrial conference, limited to 25 pages.
- Opposition to motions in limine
- Up to 25 pages
- In limine motions
Court's wording
Oppositions to the motions in limine must be contained in one document, limited to 25 pages, with corresponding subheadings, and must be filed and served no later than seven days prior to the pretrial conference.
Motions in limine are due no later than 21 days before the final pretrial conference. They must be contained in a single document of no more than 40 pages, with no single motion exceeding 10 pages.
- Motion in limine
- Up to 10 pages
- Page limit
- Up to 40 pages
- Motions in limine
The Court will not consider reply briefs absent prior order on a showing of good cause.
Oppositions are due no later than 14 days before the final pretrial conference. They must also be contained in single document of no more than 40 pages, with the opposition to no single motion exceeding 10 pages.
- Opposition
- Up to 10 pages
- Page limit
- Up to 40 pages
- Motions in limine
They must be contained in a single document of no more than 40 pages, with no single motion exceeding 10 pages.
They must also be contained in single document of no more than 40 pages, with the opposition to no single motion exceeding 10 pages.
they must file a joint letter brief of five pages or less that describes each disputed issue.
- Joint letter brief
- Up to 5 pages
The first two briefs are limited to 25 pages; the third brief is limited to 20 pages; and the fourth brief is limited to 15 pages.
For most motions, opening/opposition briefs are limited to 15 pages and reply briefs to 10 pages; summaries of arguments count toward the limit, while specified items are excluded. Specific motions must comply with local page limit rules.
- Brief
- Up to 15 pages
- Reply brief
- Up to 10 pages
Excluded from page count
- •Table of contents
- •Table of authorities
- •Signature block
- •Exhibits
Court's wording
Briefs for summary judgment motions, class certification motions, motions for a preliminary injunction, motions for preliminary approval of class action settlements, and claim construction must comply with the page limits in Civil Local Rules 7-2 through 7-4. For all other types of motions, the opening and opposition briefs must be no more than 15 pages, and the reply brief must be no more than 10 pages. These page limits include any summaries of arguments but exclude the title page, table of contents, table of authorities, signature blocks, and exhibits.
Document Format Requirements12 rules
Electronically filed documents must be text-searchable PDFs whenever possible. This requirement is waived for self-represented litigants who are proceeding without a lawyer.
- File type
Formatting
- •Text-searchable
Parties must use non-overlapping exhibit number ranges with room for additional exhibits.
- Exhibits
Formatting
- •Non-overlapping number ranges
- •Leave unused numbers for additional exhibits
Court's wording
The parties must mark their exhibits using non-overlapping ranges of numbers, leaving enough unused numbers that additional exhibits can be marked during trial. For example, the parties might agree that the government will use numbers 001–199 and the defendant will use numbers 200–399.
Each exhibit must be labeled in the lower-right-hand corner with the exhibit number in a prominent, bold typeface.
- Exhibits
Formatting
- •Bold typeface required
Exhibits must be labeled with exhibit number in bold prominent typeface in lower-right corner, using non-overlapping number ranges with spare numbers for trial additions.
Court's wording
Each exhibit must be labeled in the lower-right-hand corner with the exhibit number in a prominent, bold typeface. The parties must mark their exhibits using non-overlapping ranges of numbers, leaving enough unused numbers that additional exhibits can be marked during trial. For example, the parties might agree that the plaintiff will use numbers 001–199 and the defendant will use numbers 200–399.
Unless otherwise ordered, at least seven calendar days prior to the commencement of the trial, the parties must deliver one set of all pre-marked exhibits in clearly labeled three-ring binders to the Clerk’s office, marked for the attention of the courtroom deputy. The quality, condition, and labeling of the binders should be such that the Court can easily transport and review the binders’ contents. Whenever possible, the spine of a binder should not be wider than three inches.
- Binding
- Three-ring binder
- Exhibits
Formatting
- •Clearly labeled
- •Marked for attention of courtroom deputy
- •Binder spine should not exceed 3 inches wide where possible
- •Quality and condition allow easy Court transport and review
Parties must submit proposed findings of fact and conclusions of law in Word format via email to jstpo@cand.uscourts.gov.
- File type
- Word
- Proposed findings conclusions
Exhibits must be pre-marked with numbers in lower-right corner in bold typeface, using non-overlapping ranges.
Formatting
- •Use non-overlapping ranges of numbers
Court's wording
Each exhibit must be labeled in the lower-right-hand corner with the exhibit number in a prominent, bold typeface. The parties must mark their exhibits using non-overlapping ranges of numbers, leaving enough unused numbers that additional exhibits can be marked during trial. For example, the parties might agree that the plaintiff will use numbers 001–199 and the defendant will use numbers 200–399.
Each exhibit must be bookmarked, and sealed material or material sought to be filed under seal must be highlighted. Where possible, the PDF must bear the ECF stamp (case number, document number, date, and page number) at the top of each page.
- File type
- Sealed document
The quality, condition, and labeling of binders, when used, should be such that the Court can easily identify, review, and transport the binders’ contents. Whenever possible, the spine of a binder should not exceed three inches in width, even if that limitation results in the use of more than one binder.
Formatting
- •Binders must be easily identifiable
- •Spine width not to exceed 3 inches
Footnotes are often unnecessary and must be employed sparingly. When used, they must appear in no less than 12-point type. Excessive footnotes will be disregarded.
- Font size
- At least 12 points
The quality, condition, and labeling of the binders should be such that the Court can easily transport and review the binders’ contents. Whenever possible, the spine of a binder should not be wider than three inches.
- Binding
- Binder
Formatting
- •Quality and condition suitable for transport and review
- •Spine width not wider than three inches when possible
Footnotes are often unnecessary and must be employed sparingly. When used, they must appear in no less than 12-point type. Excessive footnotes will be disregarded.
- Font size
- At least 12 points
Document Filing Requirements29 rules
Electronic copies of proposed orders must be sent in Word format to jstpo@cand.uscourts.gov.
The parties must file a pretrial statement that addresses all items listed in Criminal Local Rule 17.1-1(b).
Pretrial statement must include joint jury instructions using Ninth Circuit Model, with deviations clearly marked and supported.
- Document
- Pretrial statement
Must include
- •Table of contents
Court's wording
The parties must attach to their pretrial statement a joint set of jury instructions ordered in logical sequence and accompanied by a table of contents. The parties must use the Ninth Circuit Model Jury Instructions whenever possible. Proposed deviations from the model instructions, no matter how minor, must be clearly identified by red-lined copy and supported by authority.
All exhibits that have not been provided as required are subject to exclusion in the reasonable exercise of the Court’s discretion.
Exchange all trial exhibits 21 days before final pretrial conference.
Court's wording
At least 21 calendar days before the final pretrial conference, the parties must exchange copies of all exhibits, summaries, charts, schedules, diagrams, and other similar documentary materials to be used in their case-in-chief, together with a complete list of all such proposed exhibits.
The parties must e-mail Word versions of the proposed jury instructions, voir dire, and verdict form to jstpo@cand.uscourts.gov on the same day they file them.
At least seven calendar days prior to the beginning of trial, the parties must deliver one set of all pre-marked exhibits in clearly labeled three-ring binders to the courtroom deputy.
Unless otherwise ordered, each party must notify all other parties by the close of each trial day of the witnesses that party intends to call on the following trial day.
Joint pretrial statement must contain 15 specified sections including substance of action, relief requested, undisputed facts, exhibits list, disputed legal issues, and others.
- Document
- Joint pretrial statement
Must include
- •Statement of facts
Court's wording
The statement must contain the following information: 1. Substance of the Action. A brief description of the parties, the substance of claims and defenses that remain to be decided, and the operative pleadings. 2. Relief Requested. A detailed statement of all requested relief, including an itemization of all elements of damages claimed. 3. Undisputed Facts. A plain and concise statement of all relevant facts to which the parties will stipulate for incorporation into the trial record without supporting testimony or exhibits. The parties must exercise good faith in stipulating to facts that are not reasonably disputable. 4. Disputed Factual Issues. A plain and concise list of the issues of fact that are contested and remain to be litigated at trial. 5. Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts. 6. Stipulations. A statement of proposed stipulations or agreements that will expedite the presentation of evidence. 7. Witnesses. A list of all witnesses to be called in the case-in-chief, excluding those solely for impeachment or rebuttal, and a brief statement following each name describing the substance of the testimony to be given. No party will be permitted to call any witness in its case-in-chief who is not disclosed in its pretrial statement without leave of court. 8. Exhibits, Schedules, and Summaries. A list of all documents or other items to be offered as exhibits at trial, other than solely for impeachment or rebuttal, and a brief statement following each that describes: (1) its substance or purpose; (2) the identity of the sponsoring witness; and (3) whether the parties have stipulated to its admissibility and, if they have not, the objection to its admission, the grounds for the objection, and the position of the offering party. 9. Disputed Legal Issues. Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions. 10. Pending Motions or Matters. A statement of any motions or other matters that must be resolved prior to trial. 11. Bifurcation or Separate Trial of Issues. A statement of whether either party requests bifurcation or a separate trial of specific issues and why. 12. Use of Discovery Responses. Citations to all evidence that a party might introduce at trial, other than that to be used solely for impeachment or rebuttal, that was obtained from deposition testimony, interrogatory responses, or responses to requests for admission. Counsel must state any objections to the use of these materials and must certify that they have conferred regarding such objections. Counsel must separately file a document containing each disputed discovery response or deposition testimony excerpt, and as to each must state the objection to its admission, the grounds for the objection, and the position of the offering party. 13. Estimate of Trial Time. An estimate of the number of hours or days needed for the trial. 14. Settlement Discussion. A brief summary of the status of settlement negotiations, without indicating specific dollar amounts, and an indication of whether further negotiations are likely to be productive and what, if anything, would facilitate settlement. 15. Miscellaneous. Any other matters that will facilitate the just, speedy, and efficient resolution of the action.
Joint pretrial statements must include specified language directly above the signature lines.
- Document
- Joint pretrial statement
- Placement
- Signature block
Court's wording
The joint pretrial statement described above must 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 will supplement the pleadings and govern the course of trial of this case, unless modified by the Court to prevent manifest injustice.
The proposed findings must be brief, written in plain English, and be free of pejorative language, conclusions, or argument. Conclusions of law must be supported by appropriate citation to legal authority.
Joint pretrial statement must contain 15 enumerated items covering substance, relief, facts, witnesses, exhibits, legal issues, and other trial-related matters.
Court's wording
The statement must contain the following information: 1. Substance of the Action. A brief description of the parties, the substance of claims and defenses that remain to be decided, and the operative pleadings. 2. Relief Requested. A detailed statement of all requested relief, including an itemization of all elements of damages claimed. 3. Undisputed Facts. A plain and concise statement of all relevant facts to which the parties will stipulate for incorporation into the trial record without supporting testimony or exhibits. The parties must exercise good faith in stipulating to facts that are not reasonably disputable. 4. Disputed Factual Issues. A plain and concise list of the issues of fact that are contested and remain to be litigated at trial. 5. Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts. 6. Stipulations. A statement of proposed stipulations or agreements that will expedite the presentation of evidence. 7. Witnesses to be Called. A list of all witnesses likely to be called at trial other than solely for impeachment or rebuttal, and a brief statement following each name describing the substance of the testimony to be given. No party will be permitted to call any witness in its case-in-chief who is not disclosed in its pretrial statement without leave of court. 8. Exhibits, Schedules, and Summaries. A list of all documents or other items to be offered as exhibits at trial, other than solely for impeachment or rebuttal, and a brief statement following each that describes: (1) its substance or purpose; (2) the identity of the sponsoring witness; and (3) whether the parties have stipulated to its admissibility and, if they have not, the objection to its admission, the grounds for the objection, and the position of the offering party. 9. Disputed Legal Issues. Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions. 10. Pending Motions or Matters. A statement of any motions or other matters that must be resolved prior to trial. 11. Bifurcation or Separate Trial of Issues. A statement of whether either party requests bifurcation or a separate trial of specific issues and why. 12. Use of Discovery Responses. Citations to all evidence that a party might introduce at trial, other than that to be used solely for impeachment or rebuttal, that was obtained from deposition testimony, interrogatory responses, or responses to requests for admission. Counsel must state any objections to the use of these materials and must certify that they have conferred regarding such objections. Counsel must separately file a document containing each disputed discovery response or deposition testimony excerpt, and as to each must state the objection to its admission, the grounds for the objection, and the position of the offering party. 13. Estimate of Trial Time. An estimate of the number of hours or days needed for the trial. 14. Settlement Discussion. A brief summary of the status of settlement negotiations, without indicating specific dollar amounts, and an indication of whether further negotiations are likely to be productive and what, if anything, would facilitate settlement. 15. Miscellaneous. Any other matters that will facilitate the just, speedy, and efficient resolution of the action.
Joint pretrial statement must include specific language above signature lines.
Court's wording
The joint pretrial statement described above must 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 will supplement the pleadings and govern the course of trial of this case, unless modified by the Court to prevent manifest injustice.
Jury instructions must use model instructions when possible; deviations must be identified by red-lined copy and supported by authority.
Court's wording
The parties must submit a set of agreed-upon case-specific instructions using the Ninth Circuit Model Jury Instructions or California Civil Jury Instructions (CACI) whenever possible. Proposed deviations from the model instructions, no matter how minor, must be clearly identified by red-lined copy and supported by authority.
Parties must not incorporate prior case management statements by reference.
Proposed protective orders or ESI discovery orders must be accompanied by a qualifying declaration, or they will be denied without prejudice.
Court's wording
Parties must file one of the following with any proposed protective order or order re: discovery of ESI: (a) a declaration stating that the proposed order is identical to one of the model orders except for the addition of case-identifying information or the elimination of language denoted as optional; (b) a declaration explaining each modification to the model order, along with a redline version comparing the proposed order with the model order; or (c) a declaration explaining why use of one of the model orders is not practicable. Proposed orders that are not accompanied by one of the required declarations will be denied without prejudice.
Post-distribution accounting for class action settlements must include specified information about settlement administration issues and resolutions.
Court's wording
In addition to the information contained in the Guidance, the post-distribution accounting must discuss any significant or recurring concerns communicated by class members to the settlement administrator or counsel since final approval, any other issues in settlement administration since final approval, and how any concerns or issues were resolved.
Requests for telephonic appearance must be accompanied by a stipulation (or administrative motion if no stipulation) and proposed order.
- Document
- Request for telephonic appearance
Must include
- •Proposed order
Court's wording
parties seeking to appear telephonically must file a stipulation and proposed order, or an administrative motion and proposed order if a stipulation is not possible, at least seven calendar days prior to the scheduled appearance.
Motions for preliminary or final approval of class action settlements must address the Northern District’s class action settlement guidance in the order presented on the website.
Court's wording
Any motion for preliminary or final approval of a class action settlement must address the respective guidelines in the Northern District of California’s Procedural Guidance for Class Action Settlements, available at https://cand.uscourts.gov/rules-forms-fees/northern-district- guidelines/procedural-guidance-class-action-settlements, in the order the guidelines are presented on the website.
Class counsel must file a proposed order releasing the remainder of the fees when they file their post-distribution accounting.
- Document
- Post-distribution accounting
Must include
- •Proposed order
Electronic copies of proposed orders must be sent in Word format to jstpo@cand.uscourts.gov.
Must include
- •Proposed order
Motions or statements in support of sealing must identify and apply the legal standard, provide evidentiary support, and avoid insufficient justifications like mere stipulation references or conclusory competitive harm claims.
Court's wording
The motion or statement in support of sealing must identify the applicable legal standard (i.e., compelling reasons or good cause), explain why that standard applies, and articulate, with evidentiary support where necessary, why the materials to be sealed satisfy that standard. See Civil L.R. 79-5(c)(1)–(2). “Reference to a stipulation or protective order that allows a party to designate certain documents as confidential is not sufficient to establish that a document, or portions thereof, are sealable.” Civil L.R. 79-5(c). Conclusory references to “competitive harm” without explanation are also almost always insufficient justification for sealing.
Proposed sealing orders must identify the legal standard, be narrowly tailored, list sealed materials in a table with a court ruling column, and have electronic copies sent in Word to jstpo@cand.uscourts.gov.
Court's wording
Proposed orders must identify the appropriate legal standard, be “narrowly tailored to seal only the sealable material,” and “list[] in table format each document or portion thereof that is sought to be sealed.” Civil L.R. 79-5(c)(3). Tables must include a column for the Court’s ruling as to each document. Electronic copies of proposed orders must be sent in Word format to jstpo@cand.uscourts.gov.
Administrative motions to file materials under seal must include two compliance statements regarding this order and Civil Local Rule 79-5.
Court's wording
In addition to the information required by Civil Local Rule 79-5, administrative motions to file materials under seal must contain the following information: 1. A statement that the filing party has reviewed and complied with this order. 2. A statement that the filing party has reviewed and complied with Civil Local Rule 79-5, including the requirement to file separate motions if a party seeks to file under seal a document containing “portions that more than one party bears the burden of showing is sealable.” Civil L.R. 79-5(f)(5).
Special jury instructions must be complete, accurate, balanced, clear, non-argumentative, and disputed instructions must include argument and authority.
Court's wording
The Court discourages the unnecessary submission of special instructions or modification of model instructions. Special instructions, if any, must be complete, accurate, balanced, clear, and non- argumentative. Any instruction to which the parties disagree must be marked as “disputed” and must be followed by concise argument and authority in support of and against the use of the instruction.
Voluminous exhibits must be reduced by elimination of irrelevant portions or through the use of summaries.
Failure to comply with this order may, in the discretion of the Court, be grounds for exclusion of any witness who was not properly disclosed.
The Court will not consider reply briefs absent prior order on a showing of good cause.
The final approval motion should specify what percentage class counsel believes it is appropriate to withhold and why.
Filing & Service rules
Electronic Filing Rules
Following trial, parties must coordinate with courtroom deputy to electronically file all admitted exhibits, the official court record.
Following trial, the parties shall coordinate with the courtroom deputy regarding electronic filing of all admitted exhibits, which shall be the official court record.
Civil cases
Page 3 | D. Trial Exhibits
After trial, parties must coordinate with courtroom deputy to e-file all admitted exhibits.
Following trial, the parties shall coordinate with the courtroom deputy regarding electronic filing of all admitted exhibits, which shall be the official court record.
Civil cases
Page 4 | D.6.
Joint letter briefs for discovery disputes must be filed electronically in the specified ECF category.
The joint letter brief must be filed electronically in the Civil Events category of Motions and Related Filings > Motions – General > Discovery Letter Brief.
Civil cases
Page 3 | 6. Discovery Disputes
Electronically filed documents must be text-searchable PDFs whenever possible, with an exemption for self-represented litigants without counsel.
Electronically filed documents must be text-searchable PDFs whenever possible. This requirement is waived for self-represented litigants who are proceeding without a lawyer.
Civil cases
Page 6 | L. Briefing and Filing Guidelines 5. Format of Electronic Filings
Filing Timing and Cure Windows
Parties must file and serve joint pretrial statement at least 7 calendar days before the pretrial conference.
Unless otherwise ordered, the parties must file and serve a joint pretrial statement no later than seven calendar days before the pretrial conference.
Civil cases
Page 1 | B. Joint Pretrial Statement
Joint pretrial statement must be filed and served at least 7 calendar days before the pretrial conference.
Unless otherwise ordered, the parties must file and serve a joint pretrial statement no later than seven calendar days before the pretrial conference.
Civil cases
Page 2 | B. Joint Pretrial Statement
Oppositions to motions in limine must be filed no later than 14 days before final pretrial conference.
Oppositions are due no later than 14 days before the final pretrial conference.
Civil cases
Page 4 | E.
Jury voir dire questions, proposed jury instructions, and proposed jury verdict forms must be filed and served at least 7 days before pretrial conference.
Unless otherwise ordered, at least seven calendar days prior to the pretrial conference, the parties must file and serve (a) jury voir dire questions, (b) proposed jury instructions; and (c) proposed jury verdict forms.
Civil cases
Page 4 | F.1.
Motions in limine must be filed no later than 21 days before final pretrial conference.
Motions in limine are due no later than 21 days before the final pretrial conference.
Civil cases
Page 4 | E.
Trial briefs are optional, but any party wishing to file a trial brief must do so at least seven calendar days prior to the commencement of trial.
Trial briefs are optional, but any party wishing to file a trial brief must do so at least seven calendar days prior to the commencement of trial.
Civil cases
Page 5 | G. Trial Briefs
Requests to conduct proceedings in person must be filed at least seven days before the scheduled date and as an administrative motion if not stipulated.
Such requests shall be filed at least seven days before the scheduled date and, if not stipulated, filed as an administrative motion under Civil Local Rule 7-11.
Civil cases
Page 1 | C. Court Schedule
Parties must file a joint case management statement at least seven calendar days before a scheduled case management conference unless the Court sets a different deadline.
Parties are required to file a joint case management statement not less than seven calendar days before a scheduled case management conference, unless the Court sets a different deadline.
Civil cases
Page 2 | E. Joint Case Management Statement and Initial Case Management Conference
Depositions of fact witnesses must be noticed at least 30 days before the close of fact discovery.
Depositions of fact witnesses must be noticed at least 30 days before the close of fact discovery.
Civil cases
Page 2 | F. Discovery Matters
All filing deadlines are at 5:00 p.m. unless the Court orders otherwise.
All filing deadlines are at 5:00 p.m. unless otherwise ordered.
Civil cases
Page 2 | C. Court Schedule
Requests for telephonic appearance must be filed at least 7 calendar days before the scheduled appearance, or will be denied absent extraordinary circumstances and good cause.
When such a request is necessary, parties seeking to appear telephonically must file a stipulation and proposed order, or an administrative motion and proposed order if a stipulation is not possible, at least seven calendar days prior to the scheduled appearance. Absent extraordinary circumstances and a showing of good cause, late requests will be denied.
Civil cases
Page 4 | J. Requests for Telephonic Appearance
The reply (fourth) brief in cross-motions for summary judgment or Rule 52 must be filed at least 21 days before the scheduled hearing date.
The fourth brief must be filed at least 21 days before the hearing date.
Civil cases
Page 4 | G. Motions for Summary Judgment
Post-distribution accounting for class action settlements must be filed within 21 days after distribution of settlement funds.
the Court will require a post-distribution accounting within 21 days after the distribution of settlement funds.
Civil cases
Page 4 | I. Class Action Settlements
Optional trial briefs must be filed at least 7 calendar days before trial commencement.
Trial briefs are optional, but any party wishing to file a trial brief must do so at least seven calendar days prior to the commencement of trial.
Civil cases
Page 4 | G. Trial Briefs
Service and Proof of Service Rules
Parties must exchange all case-in-chief exhibits and a complete list 21 calendar days before the final pretrial conference, with voluminous exhibits reduced.
At least 21 calendar days before the final pretrial conference, the parties must exchange copies of all exhibits, summaries, charts, schedules, diagrams, and other similar documentary materials to be used in their case-in-chief, together with a complete list of all such proposed exhibits. Voluminous exhibits must be reduced by elimination of irrelevant portions or through the use of summaries.
Civil cases
Page 3 | D. Trial Exhibits
Parties must serve and file proposed findings of fact and conclusions of law 7 calendar days before pretrial conference.
At least seven calendar days prior to the pretrial conference, each party must serve and file with the Court proposed findings of fact and conclusions of law on all material issues.
Civil cases
Page 4 | F. Proposed Findings of Fact and Conclusions of Law
Parties must notify all other parties by close of each trial day of witnesses they intend to call the following trial day.
Unless otherwise ordered, each party must notify all other parties by the close of each trial day of the witnesses that party intends to call on the following trial day.
Civil cases
Page 4 | J. Witnesses at Trial
Parties must notify other parties of next day's witnesses by close of each trial day; non-compliance may result in witness exclusion.
Unless otherwise ordered, each party must notify all other parties by the close of each trial day of the witnesses that party intends to call on the following trial day. Failure to comply with this order may, in the discretion of the Court, be grounds for exclusion of any witness who was not properly disclosed.
Civil cases
Page 5 | J. Witnesses at Trial
Plaintiff must serve this order and the Standing Order on all parties within five days of complaint filing, case reassignment, or new party addition.
Within five days of the filing of the complaint, the reassignment of a case to this Court, or the addition of a new party, the plaintiff must serve on all parties a copy of this order and the Standing Order for All Judges of the Northern District of California: Contents of Joint Case Management Statement.
Civil cases
Page 1 | B. Service of This Order
Courtesy Copy Requirements
Courtesy copies required for electronic media and pretrial filings including motions in limine.
Courtesy copies must be provided for: (1) electronic media that is manually filed and (2) pretrial filings, including papers associated with motions in limine. The Court may request courtesy copies of other documents but discourages their unsolicited submission.
Criminal cases
Page 1 | G. Courtesy Copies and Proposed Orders
Courtesy copies must be lodged with the Clerk’s office in Oakland and must be double-sided and three-hole-punched at the left margin. Courtesy copies of e-filed documents must bear the ECF stamp (case number, document number, date, and page number) on the top of each page. Side tabs, rather than bottom tabs, should be used to separate exhibits.
Courtesy copies must be lodged with the Clerk’s office in Oakland and must be double-sided and three-hole-punched at the left margin. Courtesy copies of e-filed documents must bear the ECF stamp (case number, document number, date, and page number) on the top of each page. Side tabs, rather than bottom tabs, should be used to separate exhibits.
Criminal cases
Page 1 | G. Courtesy Copies and Proposed Orders
Courtesy copies of pretrial filings (including motions in limine) must be lodged with the Oakland clerk’s office, formatted with ECF stamp on each page, double-sided, three-hole-punched, binders max 3 inches, side tabs for exhibits; exempt for pro se litigants without counsel.
The Court requires courtesy copies of the filings listed below. This requirement is waived for self-represented litigants who are proceeding without a lawyer. Courtesy copies of pretrial filings, including papers associated with motions in limine, must be lodged with the Clerk’s office in Oakland. They must bear the ECF stamp (case number, document number, date, and page number) on the top of each page and be double-sided and three-hole-punched at the left margin. If binders are used, each binder should be no wider than three inches. Side tabs, rather than bottom tabs, should be used to separate exhibits.
Civil cases
Page 6 | L. Briefing and Filing Guidelines 6. Courtesy Copies i. Pretrial Filings
Sealing & Redaction Procedures
Parties seeking less extensive sealing than Civil Local Rule 79-5(f) must file revised redacted, unredacted, and proposed order documents.
If a Designating Party seeks less extensive sealing than a motion filed under Civil Local Rule 79-5(f), that party must file revised redacted and unredacted versions of the documents sought to be sealed, as well as a revised proposed order.
Civil cases
Page 1 | STANDING ORDER GOVERNING ADMINISTRATIVE MOTIONS TO FILE MATERIALS UNDER SEAL BEFORE DISTRICT JUDGE JON S. TIGAR
Unredacted partially sealed documents must highlight portions sought to be sealed, with different colors for multiple parties' designations.
Unredacted versions of all documents sought to be partially filed under seal “must highlight the portions for which sealing is sought.” Civil L.R. 79-5(e)(2). If the document contains information sought to be sealed by multiple parties, a different color highlighting should be used to indicate the material designated by each party.
Civil cases
Page 1 | STANDING ORDER GOVERNING ADMINISTRATIVE MOTIONS TO FILE MATERIALS UNDER SEAL BEFORE DISTRICT JUDGE JON S. TIGAR
Motions in limine are ordinarily not allowed to be filed under seal.
The Court ordinarily does not grant leave to file motions in limine under seal.
Civil cases
Page 4 | E.
Motions in limine are presumptively not sealed; leave to file under seal is ordinarily not granted.
The Court ordinarily does not grant leave to file motions in limine under seal.
Civil cases
Page 4 | Motions in limine
For documents with multiple parts including more than one sealed part, a single PDF of the entire document must be submitted via the specified upload process or by contacting the courtroom deputy; exhibits must be bookmarked, sealed material highlighted, and ECF stamp included if possible.
Electronic copies of sealed documents are required when a filed document consists of multiple parts and includes more than one part sought to be filed under seal—for example, a declaration with six exhibits, three of which are sought to be filed under seal. Parties must submit a single PDF of the entire document either by (a) following the instructions for Uploading Digital Exhibits available at https://cand.uscourts.gov/attorneys/attorney-practice-resources, using the “Chambers Copies ONLY” Case Type, and selecting the “SEALED” dropdown in the box under “Case Name” or (b) contacting the Courtroom Deputy at jstcrd@cand.uscourts.gov to arrange a different method of delivery (e.g., sharing a secured file link). Each exhibit must be bookmarked, and sealed material or material sought to be filed under seal must be highlighted. Where possible, the PDF must bear the ECF stamp (case number, document number, date, and page number) at the top of each page.
Civil cases
Page 6 | L. Briefing and Filing Guidelines 6. Courtesy Copies ii. Sealed Documents
Sealed documents with multiple parts under seal must be submitted as a single PDF via Uploading Digital Exhibits instructions or secured file link.
Electronic copies of sealed documents are required when a filed document consists of multiple parts and includes more than one part sought to be filed under seal—for example, a declaration with six exhibits, three of which are sought to be filed under seal. Parties must submit a single PDF of the entire document either by (a) following the instructions for Uploading Digital Exhibits available at https://cand.uscourts.gov/attorneys/attorney-practice-resources, using the “Chambers Copies ONLY” Case Type, and selecting the “SEALED” dropdown in the box under different method of delivery (e.g., sharing a secured file link).
Civil cases
Page 1 | STANDING ORDER GOVERNING ADMINISTRATIVE MOTIONS TO FILE MATERIALS UNDER SEAL BEFORE DISTRICT JUDGE JON S. TIGAR
Filing Bundling Requirements
Parties must deliver one set of pre-marked exhibits in three-ring binders to Clerk's office at least 7 days before trial.
Unless otherwise ordered, at least seven calendar days prior to the commencement of the trial, the parties must deliver one set of all pre-marked exhibits in clearly labeled three-ring binders to the Clerk’s office, marked for the attention of the courtroom deputy.
Civil cases
Page 3 | D.4. Delivery
All oppositions to motions in limine must be filed as a single document.
They must also be contained in single document of no more than 40 pages, with the opposition to no single motion exceeding 10 pages.
Civil cases
Page 4 | E.
They must be contained in a single document of no more than 40 pages, with no single motion exceeding 10 pages.
They must be contained in a single document of no more than 40 pages, with no single motion exceeding 10 pages.
Civil cases
Page 4 | E.
Pre-Motion Conference Requirements
Motions must be noticed for hearing per Local Rule 47-1; counsel must check judge's calendar before selecting date.
Motions must be noticed for a hearing in accordance with Criminal Local Rule 47-1. Counsel need not reserve a hearing date in advance. Before selecting a hearing date, however, counsel must consult Judge Tigar’s weekly calendar, which is available at https://www.cand.uscourts.gov/jst, to determine which dates are available. The Court may reset noticed hearing dates as its calendar requires.
Criminal cases
Page 1 | D. Motions
Parties filing motions in limine must first seek a stipulation from opposing parties to the requested relief.
Motions in limine are usually unnecessary in a bench trial. However, in any civil trial, unless otherwise ordered, any party filing a motion in limine must first seek a stipulation from the opposing party or parties to the relief requested in the motion.
Civil cases
Page 4 | Motions in limine
Before filing a motion in limine, party must seek stipulation from opposing party.
Any party filing a motion in limine must first seek a stipulation from the opposing party or parties to the relief requested in the motion.
Civil cases
Page 4 | E. Motions in Limine
A party may not file a motion regarding a discovery dispute without leave of court. If a discovery dispute arises, the parties must meet and confer in good faith to attempt to resolve the dispute. If the parties are unable to reach a resolution through this process, they must file a joint letter brief of five pages or less that describes each disputed issue.
A party may not file a motion regarding a discovery dispute without leave of court. If a discovery dispute arises, the parties must meet and confer in good faith to attempt to resolve the dispute. If the parties are unable to reach a resolution through this process, they must file a joint letter brief of five pages or less that describes each disputed issue.
Civil cases
Page 3 | 6. Discovery Disputes
Parties must submit a stipulation and proposed order setting a briefing schedule for cross-motions before filing the first brief.
Before the first brief is filed, the parties must submit a stipulation and proposed order setting a briefing schedule for the cross-motions.
Civil cases
Page 4 | G. Motions for Summary Judgment
Reply briefs to motions in limine are not permitted without prior court order.
The Court will not consider reply briefs absent prior order on a showing sets another time.
Criminal cases
Page 1 | D. Motions
Adjournment & Extension Requirements
Trial dates are firm; continuances are disfavored, rarely granted for principle settlements; stipulated dismissal ordinarily required.
Once set by the Court, trial dates are to be regarded as firm. Continuances are disfavored. For example, the Court will rarely continue a trial because the parties have “settled in principle.” A stipulated dismissal will ordinarily be required.
Civil cases
Page 4 | H. Continuances and Settlements
Requests to extend filing deadlines or enlarge page limits should be made by stipulation if possible, filed at least 3 business days in advance; opposed requests require administrative motion filing, with opposition due by 12:00 p.m. one business day prior or per Local Rule 7-11.
Requests to enlarge page limits or extend filing deadlines should be made by stipulation whenever possible. Requests must be filed at least three business days prior to the filing deadline. If a request is opposed, it should be filed as an administrative motion. The opposition must be filed within the time allowed by Civil Local Rule 7-11 and no later than 12:00 p.m. one business day before the relevant deadline. Requests to enlarge page limits will rarely be granted.
Civil cases
Page 5 | L. Briefing and Filing Guidelines 2. Requests to Enlarge Page Limits or Extend Filing Deadlines
Requests to extend deadlines or continue hearing dates should be filed at least three business days prior to the deadline or hearing sought to be extended or continued. If the request is made by administrative motion rather than stipulation, any opposition must be filed (a) no later than 12:00 p.m. one business day before the deadline or hearing in question or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.
Requests to extend deadlines or continue hearing dates should be filed at least three business days prior to the deadline or hearing sought to be extended or continued. If the request is made by administrative motion rather than stipulation, any opposition must be filed (a) no later than 12:00 p.m. one business day before the deadline or hearing in question or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.
Civil cases
Page 5 | K. Requests to Extend Deadlines or Continue Hearing Dates
Once set by the Court, trial dates are to be regarded as firm. Continuances are disfavored. For example, the Court will rarely continue a trial because the parties have “settled in principle.” A stipulated dismissal will ordinarily be required. In accordance with Civil Local Rule 40-1, if the parties fail to proceed with a scheduled trial after a jury is empaneled, the Court may assess the costs of maintaining the jury against the parties or attorneys.
Once set by the Court, trial dates are to be regarded as firm. Continuances are disfavored. For example, the Court will rarely continue a trial because the parties have “settled in principle.” A stipulated dismissal will ordinarily be required. In accordance with Civil Local Rule 40-1, if the parties fail to proceed with a scheduled trial after a jury is empaneled, the Court may assess the costs of maintaining the jury against the parties or attorneys.
Civil cases
Page 5 | H. Continuances and Settlements
Chambers Communication Rules
Counsel cannot consult with witness during cross-examination except for privilege or court order compliance.
Once the cross-examination of a witness has commenced, and until cross-examination of the witness has concluded, counsel offering the witness on direct examination must not: (a) consult or confer with the witness regarding the substance of the witness’s testimony already given, or anticipated to be given, except for the purpose of conferring on whether to assert a privilege against testifying or on how to comply with a court order; or (b) suggest to the witness the manner in which any questions should be answered.
Criminal cases
Page 4 | Trial Exhibits
Email Transcripts@cand.uscourts.gov 14 days before trial for daily transcript or real-time reporting.
Any party who would like a daily transcript or real-time reporting must email Transcripts@cand.uscourts.gov at least fourteen calendar days before the first day of trial.
Criminal cases
Page 4 | Transcripts
Notify Courtroom Deputy Dianna Shoblo 30 days before trial if interpreter needed for witness.
If any witness will require an interpreter at trial and there is no certified court interpreter available to translate in the appropriate language, counsel must notify Courtroom Deputy Dianna Shoblo at least 30 days before the commencement at trial at (510) 637-3547 or jstcrd@cand.uscourts.gov.
Criminal cases
Page 4 | Interpreters
Parties requesting daily transcripts or real-time reporting must email the provided court address at least fourteen calendar days before the first day of trial.
Any party who would like a daily transcript or real-time reporting must email Transcripts@cand.uscourts.gov at least fourteen calendar days before the first day of trial.
Civil cases
Page 5 | L. Daily Transcripts and Real-Time Reporting
Parties must email Word versions of jury materials to jstpo@cand.uscourts.gov on the same day they file them.
The parties must e-mail Word versions of all of these documents to jstpo@cand.uscourts.gov on the same day they file them.
Civil cases
Page 4 | F.1.
Electronic copies of proposed sealing orders must be submitted in Word format to the chambers email jstpo@cand.uscourts.gov.
Electronic copies of proposed orders must be sent in Word format to jstpo@cand.uscourts.gov.
Civil cases
Page 1 | STANDING ORDER GOVERNING ADMINISTRATIVE MOTIONS TO FILE MATERIALS UNDER SEAL BEFORE DISTRICT JUDGE JON S. TIGAR
Any party who would like a daily transcript or real-time reporting must email Transcripts@cand.uscourts.gov at least fourteen calendar days before the first day of trial.
Any party who would like a daily transcript or real-time reporting must email Transcripts@cand.uscourts.gov at least fourteen calendar days before the first day of trial.
Civil cases
Page 6 | L. Daily Transcripts and Real-Time Reporting
Counsel may confer with witness after cross-examination before redirect begins.
Once cross-examination has concluded, counsel is permitted to confer with the witness before redirect examination begins.
Criminal cases
Page 4 | Trial Exhibits
Pretrial conferences and trials are conducted in person; all other civil proceedings are conducted by Zoom webinar unless otherwise ordered.
Unless otherwise ordered, the Court will conduct pretrial conferences and trials in person, and all other civil proceedings by Zoom webinar.
Civil cases
Page 1 | C. Court Schedule
Junior Lawyer Participation Incentives
Court encourages parties to allow junior lawyers to examine witnesses and have important trial roles.
The Court strongly encourages the parties to permit junior lawyers to examine witnesses and to have an important role at trial.
Civil cases
Page 5 | I. Opportunities for Junior Lawyers