Judge Noël Wise
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Claim Construction Materials, Patents In Dispute
- 2 copies • No Later Than 7 Days Before Technology Tutorial Or 16 Days Before Claim Construction Hearing Whichever Earlier
Courtesy copies
- 1 copy • Upon Filing
- 2 copies • Within 14 Days
- Within 2 Court Days
- Within Two Court Days
Electronic Media, Pretrial Filing, Brief, Supporting Material
- 2 copies • Hand Delivery • Upon Filing
Joint Case Management Statement
- Upon request
Adjournments
- Requests to extend deadlines must explain reasons with particularity.
- Extension requests require maintaining hearing schedule, good cause, and narrow tailoring.
- Trial continuances generally denied except for exigent circumstances or complete settlement.
Request must include
- Opposition to an administrative motion to enlarge page limits must be filed by noon one business day before the deadline or per Local Rule 7-11, whichever is sooner.
- Opposition to an administrative motion for extension must be filed by noon one business day before the deadline or hearing, or per Local Rule 7-11, whichever is sooner.
- Extension requests must be filed at least three business days before the deadline or hearing.
- Requests to enlarge page limits must be filed at least three business days before the filing deadline.
- Requests to extend deadlines or continue hearings must be filed at least three business days in advance and meet specific good cause requirements.
- +2 more
- Daily transcript/real-time reporting requests must be submitted 14 days before trial.
- Interpreter requests must be made 30 days before trial.
Communication
Chambers
Clerk, Chambers
Phone
Chambers
Page & Word Limits17 rules
All MILs for all parties, and any corresponding oppositions, must be contained in one document, limited to 25 total pages per side, and must be filed and served, with a courtesy copy delivered to the Court, at least 14 calendar days prior to the pretrial conference.
Motion In Limine
25 pages
Applies to: Attorney
Oppositions to motions in limine must be limited to 25 pages.
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.
Opposition
25 pages
All motions in limine must be contained in one document, limited to 25 pages, with each motion listed as a subheading.
Motion In Limine
25 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.
Opening Brief
25 pages
Opening Opposition Brief
25 pages
Opposition Reply Brief
20 pages
Reply Brief
15 pages
All motions in limine must be contained in one document, limited to 25 pages, with each motion listed as a subheading.
Motions In Limine
25 pages
Applies to: Attorney
Opposition to motions in limine limited to 25 pages, filed 7 days before pretrial conference.
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.
Opposition To Motions In Limine
25 pages
Applies to: Attorney
Requests to enlarge page limits must be filed at least three business days before the filing deadline.
Requests to enlarge page limits will rarely be granted, but any such requests must be filed at least three business days prior to the filing deadline. 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 in question or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.
The fourth brief must be filed at least 21 days before the hearing date.
One motion for summary judgment and two Daubert motions per party are allowed without leave of court.
Absent good cause, the Court will consider only one motion for summary judgment per party and only two Daubert motions per party. Any party wishing to exceed these limits must request leave of court and must show good cause.
Cross-motions for summary judgment limited to four briefs with specific roles.
Unless otherwise ordered, the parties must meet and confer to determine if they will file cross- motions for summary judgment. If so, only four briefs will be allowed: (1) opening brief by the plaintiff side; (2) opening/opposition brief by the defense side; (3) opposition/reply brief by the plaintiff side; and (4) reply brief by the defense side.
Cross Motion Brief
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.
Cross Motion Brief
25 pages
20 pages
15 pages
The Court will require a post-distribution accounting within 21 days after the distribution of settlement funds.
All MILs, and any corresponding oppositions, must be contained in one document, limited to 25 total pages per side, and must be filed and served, with two courtesy copies delivered to the Court, no later than 14 calendar days before the pretrial conference. The courtesy copies must be in a clearly labeled, single, three-ring binder, with each MIL in a separate tab, immediately followed by the separately tabbed opposition.
Motions In Limine
25 pages
Applies to: Attorney
In most cases, the Opening SUMF should not exceed fifteen (15) pages.
Opening Sumf
15 pages
In most cases, the Responsive SUMF should add no more than five (5) pages to the Opening SUMF.
Responsive Sumf
5 pages
Requests to enlarge page limits will rarely be granted, but any such requests must be filed at least three business days prior to the filing deadline.
The Court will typically withhold between 10% and 25% of the attorney’s fees granted at final approval until after the post-distribution accounting has been filed.
Document Format Requirements20 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.
Electronic copies of proposed orders must be sent in Word format to nwpo@cand.uscourts.gov.
DOCX
Exhibits must be pre-marked with the exhibit number in prominent bold typeface in the lower-right corner, using non-overlapping number ranges with sufficient unused numbers for additional trial exhibits.
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 government will use numbers 001–199 and the defendant will use numbers 200–399.
Electronically filed documents must be text-searchable PDFs whenever possible. This requirement is waived for self-represented litigants who are proceeding without a lawyer.
Electronically filed documents must be text-searchable PDFs whenever possible. This requirement is waived for self-represented litigants who are proceeding without a lawyer.
Each exhibit must be labeled in the lower-right-hand corner with the exhibit number in a prominent, bold typeface.
Electronically filed documents must be text-searchable PDFs whenever possible. This requirement is waived for self-represented litigants who are proceeding without a lawyer.
Exhibits must be pre-marked with numbers in lower-right corner, using non-overlapping ranges.
Each exhibit must be clearly pre-marked 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, not letters, 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 300–499. A single exhibit should be marked only once. If plaintiff has marked an exhibit, then the defendant should not re-mark it. Different versions of the same document, e.g., a copy with additional handwriting, must be treated as different exhibits. All exhibits shall be marked and referred to as "Trial Exhibit No. ___," not as "Plaintiff's Exhibit" or "Defendant's Exhibit."
The courtesy copies must be in a clearly labeled, single, three-ring binder, with each MIL in a separate tab, immediately followed by the separately tabbed opposition.
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.
Footnotes are often unnecessary and must be employed sparingly. When used, they must appear in no less than 12-point type.
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.
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.
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.
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.
Exhibits shall be three-hole punched, and contained in clearly labeled three-ring binders, with exhibits separated by numbered tabs that correspond to the exhibit number. The quality, condition, and labeling of the binders should make it easy for the Court to transport and review the binders' contents. The spine of each binder should not be wider than three inches.
Proposed orders should be sent in Microsoft Word format to nwpo@cand.uscourts.gov.
DOCX
The Court prefers Westlaw citations for unpublished opinions that are not included in the Federal Supplement, Federal Rules Decisions, or the Federal Appendix.
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.
The Court prefers Westlaw citations for unpublished opinions that are not included in the Federal Supplement, Federal Rules Decisions, or the Federal Appendix.
Document Filing Requirements113 rules
Unless otherwise ordered, the parties must file and serve a Joint Pretrial Statement no later than 14 calendar days before the pretrial conference.
DocumentJoint Pretrial Statement
No party will be permitted, without leave of court, to call any witness in its case-in-chief who is not disclosed in its pretrial statement.
DocumentJoint Pretrial Statement
Parties must account for all trial time except voir dire
The parties must provide the total number of hours requested for the trial. Except for voir dire, ALL time should be accounted for, including but not limited to opening statements, direct and cross-examination, objections, sidebars, argument outside the presence of the jury, and closing arguments.
DocumentJoint Pretrial Statement
Unless the parties stipulate otherwise, or by Court order, the total number of hours will be equally divided between plaintiffs and defendants, regardless of the number of parties.
DocumentJoint Pretrial Statement
Motions to seal must include a proposed order listing sealable material in table format.
The motion must be accompanied by a proposed order that is narrowly tailored to seal only the sealable material, and lists in table format each document or portion thereof that is sought to be sealed, pursuant to Criminal Local Rule 56-1(c).
DocumentMotion To Seal
If a party files an amended pleading, they shall concurrently file a redlined or highlighted version comparing the amended pleading to the prior operative pleading.
DocumentAmended Pleading
Ninth Circuit Model Jury Instructions must be used when possible; deviations must be red-lined with authority; disputed instructions must be marked and supported.
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. 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.
DocumentJury Instructions
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.
DocumentPretrial Statement
The parties must file a joint pretrial statement that addresses all items listed in Criminal Local Rule 17.1-1(b).
DocumentPretrial Statement
Verdict form must be filed and served same day as pretrial conference statement; copies must be lodged with statement.
Counsel for the United States must file and serve a verdict form on the same day as the pretrial conference statement is due. Copies of the verdict form must also be lodged with the pretrial conference statement.
DocumentVerdict Form
The parties also must attach to their pretrial statement a joint list of agreed-upon voir dire questions and a list of any voir dire questions on which they could not agree.
DocumentPretrial Statement
Parties are required to file a joint case management statement not less than eighteen (18) calendar days before a scheduled case management conference, unless the Court sets a different deadline.
DocumentJoint Case Management Statement
Parties wishing to appear via Zoom shall file and serve an administrative request to appear via Zoom and a proposed order at least one week prior to the scheduled hearing date.
DocumentAdministrative Request
Joint case management statement must comply with the Standing Order and Civil Local Rule 16-9, and must not incorporate prior statements by reference.
Unless otherwise ordered, the parties’ statement must comply with the terms of the Standing Order for All Judges of the Northern District of California: Contents of Joint Case Management Statement and Civil Local Rule 16-9. Parties must not incorporate prior case management statements by reference.
DocumentJoint Case Management Statement
Joint case management statement must propose a full litigation schedule and ADR deadline.
In their joint case management statement for the initial case management conference, the parties must propose a full litigation schedule, including a deadline to complete ADR, regardless of whether they have received a ruling on any motion to dismiss.
DocumentJoint Case Management Statement
Proposed protective orders or ESI orders must use model orders where practicable and must be accompanied by a declaration (identity, modification with redline, or explanation of impracticability).
Parties who seek a protective order or order re: discovery of ESI must, where practicable, use one of the model stipulated orders available at https://cand.uscourts.gov/model-protective-orders or https://cand.uscourts.gov/eDiscoveryGuidelines. 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.
DocumentProposed Protective Order
Before the first brief is filed, the parties must submit a stipulation and proposed order setting a briefing schedule for the cross-motions.
DocumentStipulation And Proposed Order
Each SUMF must be signed with an attestation that the evidence cited fairly and accurately supports or disputes the facts.
Each separate SUMFs must be signed by counsel or unrepresented party who has reviewed the document and attests as follows: I attest that the evidence cited herein fairly and accurately supports or disputes the facts as asserted.
DocumentSumf
The post-distribution accounting must discuss concerns from class members and issues in settlement administration.
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.
DocumentPost Distribution Accounting
Class counsel must file a proposed order releasing the remainder of the fees when they file their post-distribution accounting.
DocumentPost Distribution Accounting
Motions for preliminary or final approval of class action settlements must address the court's Procedural Guidance for Class Action Settlements in order.
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/forms/procedural-guidance-for-class- action-settlements/, in the order the guidelines are presented on the website.
DocumentMotion For Preliminary Or Final Approval
The joint claim construction statement must include a chart with disputed terms, proposed constructions, and support side by side.
The joint claim construction statement required by Patent Local Rule 4-3 must include a chart, in the format set forth below, listing each disputed term, phrase, or clause (by claim); each party’s proposed construction; and support for each party’s proposed construction side by side.
DocumentJoint Claim Construction Statement
If a party files an amended pleading, they shall concurrently file a redlined or highlighted version comparing the amended pleading to the prior operative pleading.
DocumentAmended Pleading
Electronic copies of proposed orders must be sent in Word format to nwpo@cand.uscourts.gov.
DocumentProposed Order
Maximum 2 motions per party per hearing without leave of court.
No party will be given reservations for more than two motions without leave of Court, nor will the Court hear more than two motions per party at a particular hearing without leave of Court or a Court order.
DocumentMotion
All criminal motions must be noticed for a hearing in accordance with Criminal Local Rule 47-1.
DocumentMotion
All motions shall comply with Criminal Local Rule 47-2.
DocumentMotion
The Court will not consider reply briefs absent prior order on a showing of good cause.
DocumentReply Brief
If a party files an amended pleading, they shall concurrently file a redlined or highlighted version comparing the amended pleading to the prior operative pleading.
DocumentAmended Pleading
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.
DocumentJury Instructions
The parties also must attach to their pretrial statement a joint list of agreed-upon voir dire questions and a list of any voir dire questions on which they could not agree.
DocumentVoir Dire
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.
DocumentJury Instructions
US counsel must file, serve, and lodge verdict form on same day as pretrial statement.
Counsel for the United States must file and serve a verdict form on the same day as the pretrial conference statement is due. Copies of the verdict form must also be lodged with the pretrial conference statement.
DocumentVerdict Form
Filing & Service rules
Electronic Filing Rules
Word versions of jury instructions, voir dire, and verdict form must be emailed same day as filing.
The parties must e-mail Word versions of the proposed jury instructions, voir dire, and verdict form to nwpo@cand.uscourts.gov on the same day they file them.
Criminal cases
Page 4 | H. Pretrial Conference Statement, Trial Binder for the Court and Related Filings
After trial, parties must coordinate with the courtroom deputy to electronically file all admitted exhibits, which constitute 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.
Criminal cases
Page 5 | H. Pretrial Conference Statement, Trial Binder for the Court and Related Filings
Filing Timing and Cure Windows
Motions must be filed within 3 business days (excluding weekends and court holidays) after the hearing reservation confirmation email, or the reservation expires.
Once a party reserves a hearing date, the party shall file their motion(s) no later than three business days (Saturdays, Sundays, and court holidays are excluded) following the date of the reservation confirmation email. If a party fails to timely file any motion, the hearing reservation will expire without further notice to the parties, and the moving party must obtain a new reservation before filing the motion(s).
Criminal cases
Page 1 | B. Court Schedule
Non-sentencing motions must be filed at least 21 days before the hearing date if no stipulated briefing schedule is in place.
In the absence of a stipulation, motions (except those pertaining to sentencing) shall be filed at least 21 days in advance of the hearing date.
Criminal cases
Page 2 | D. Motions
All filing deadlines are set for 5:00 p.m. unless the Court orders otherwise.
All filing deadlines are at 5:00 p.m. unless otherwise ordered.
Criminal cases
Page 2 | B. Court Schedule
Reply briefs shall be filed at least seven days in advance of the hearing date.
Reply briefs shall be filed at least seven days in advance of the hearing date.
Criminal cases
Page 2 | D. Motions
Opposition briefs shall be filed at least fourteen days in advance of the hearing date.
Opposition briefs shall be filed at least fourteen days in advance of the hearing date.
Criminal cases
Page 2 | D. Motions
Motions in limine must be filed and served at least 14 days before the 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 days prior to the pretrial conference.
Criminal cases
Page 2 | D. Motions
Unless otherwise ordered, the parties may stipulate to any mutually agreeable briefing schedule so long as all briefing is complete at least seven days in advance of the hearing date.
Unless otherwise ordered, the parties may stipulate to any mutually agreeable briefing schedule so long as all briefing is complete at least seven days in advance of the hearing date.
Criminal cases
Page 2 | D. Motions
Oppositions to motions in limine must be filed and served no later than 7 days before the pretrial conference.
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.
Criminal cases
Page 2 | D. Motions
Oppositions to administrative motions to enlarge page limits must be filed by 12:00 p.m. one business day before deadline or per Local Rule 7-11, whichever is sooner.
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 in question or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.
Criminal cases
Page 3 | G. Briefing and Filing Guidelines - 1. Requests to Enlarge Page Limits
Motion must be filed within three business days of receiving reservation confirmation email; otherwise reservation expires.
Once a party reserves a hearing date, the party shall file their motion(s) no later than three business days (Saturdays, Sundays, and court holidays are excluded) following the date of the reservation confirmation email. If a party fails to timely file any motion, the hearing reservation will expire without further notice to the parties, and the moving party must obtain a new reservation before filing the motion(s).
Civil cases
Page 1 | C
Joint case management statement must be filed at least 18 calendar days before the CMC.
Parties are required to file a joint case management statement not less than eighteen (18) calendar days before a scheduled case management conference, unless the Court sets a different deadline.
Civil cases
Page 2 | F
Zoom appearance request must be filed at least one week before the hearing.
Parties wishing to appear via Zoom shall file and serve an administrative request to appear via Zoom and a proposed order at least one week prior to the scheduled hearing date.
Civil cases
Page 2 | D
All filing deadlines are at 5:00 p.m. unless otherwise ordered.
All filing deadlines are at 5:00 p.m. unless otherwise ordered.
Civil cases
Page 2 | C
The fourth cross-motion brief must be filed at least 21 days before the hearing.
The fourth brief must be filed at least 21 days before the hearing date.
Civil cases
Page 5 | K
A post-distribution accounting 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 7 | N. Class Action Settlements
Materials used at hearings or case management conferences must be e-filed within seven days.
Any materials used during a hearing or case management conference shall be electronically filed within seven days of the hearing or case management conference.
Civil cases
Page 10 | R.8
Motions must be filed no later than three business days (excluding weekends and court holidays) after the reservation confirmation email.
Once a party reserves a hearing date, the party shall file their motion(s) no later than three business days (Saturdays, Sundays, and court holidays are excluded) following the date of the reservation confirmation email.
Civil cases
Page 1 | C. Court Schedule
All filing deadlines are at 5:00 p.m. unless otherwise ordered.
All filing deadlines are at 5:00 p.m. unless otherwise ordered.
Civil cases
Page 1 | C. Court Schedule
Joint case management statements must be filed at least 18 calendar days before the scheduled case management conference, unless the Court sets a different deadline.
Parties are required to file a joint case management statement not less than eighteen (18) calendar days before a scheduled case management conference, unless the Court sets a different deadline.
Civil cases
Page 3 | Joint Case Management Statement
Post-distribution accounting for class action settlements must be filed within 21 calendar days after the distribution of settlement funds.
As reflected in the Guidance, the Court will require a post-distribution accounting within 21 days after the distribution of settlement funds.
Civil cases
Page 8 | Unlabeled Class Action Settlement Provisions
Service and Proof of Service Rules
Parties must exchange all exhibits and related materials for their case-in-chief, plus a complete exhibit list, at least 21 calendar days before the final pretrial conference; voluminous exhibits must be reduced to remove irrelevant portions or use summaries.
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 by using summaries.
Criminal cases
Page 5 | H. Pretrial Conference Statement, Trial Binder for the Court and Related Filings
Unless otherwise ordered, parties must notify all other parties by the close of each trial day of the witnesses they intend to call on the next 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.
Criminal cases
Page 5 | J. Witnesses at Trial
Plaintiff must serve a copy of this order and the Standing Order for All Judges on all parties within five days of filing, 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
Plaintiff must serve this order and the Joint Case Management Statement 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
Parties wishing to appear via Zoom shall file and serve an administrative request to appear via Zoom and a proposed order at least one week prior to the scheduled hearing date.
Parties wishing to appear via Zoom shall file and serve an administrative request to appear via Zoom and a proposed order at least one week prior to the scheduled hearing date.
Civil cases
Page 2 | D. Remote Hearings
Electronic copies of the attorney’s fees motion chart must be submitted in Word format to the designated court email address (nwpo@cand.uscourts.gov).
Electronic copies of the chart must be sent in Word format to nwpo@cand.uscourts.gov
Civil cases
Page 7 | M. Motions for Attorney’s Fees
Electronic copies of the chart included in the joint claim construction statement must be submitted in Word format to the designated court email address (nwpo@cand.uscourts.gov).
Electronic copies of the chart included in the joint claim construction statement must be sent in Word format to nwpo@cand.uscourts.gov.
Civil cases
Page 8 | O. Patent Cases - 1. Joint Claim Construction Statement
Moving party must provide Opening SUMF to all other parties in Word format upon filing.
Upon filing, the moving party shall provide the Opening SUMF to all other parties in Microsoft Word format for ease of response thereto.
Civil cases
Page 5 | K
Courtesy Copy Requirements
Motions in Limine require courtesy copy delivered to Court 14 days before pretrial conference.
All MILs for all parties, and any corresponding oppositions, must be contained in one document, limited to 25 total pages per side, and must be filed and served, with a courtesy copy delivered to the Court, at least 14 calendar days prior to the pretrial conference. The courtesy copy must be
Civil cases
Page 5 | F. Motions in Limine (MIL)
Courtesy paper copies required for sealed documents; chambers copies must include unredacted documents with redactions highlighted.
For any documents submitted under seal, the parties shall provide a courtesy paper copy as required by Criminal Local Rule 56-1. Chambers copies of sealing motions shall include only unredacted documents, with any proposed redactions highlighted.
Criminal cases
Page 3 | Sealing Procedure
Courtesy copies must be lodged with the Clerk's office in San Jose 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 San Jose 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 4 | Courtesy Copies
Courtesy copies required for manually filed electronic media and pretrial filings; other courtesy copies discouraged unless requested.
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 4 | Courtesy Copies
Unless otherwise ordered, 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. Admitted exhibits from these binders will be given to the jury during deliberations. 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.
Unless otherwise ordered, 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. Admitted exhibits from these binders will be given to the jury during deliberations. 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.
Criminal cases
Page 5 | H. Pretrial Conference Statement, Trial Binder for the Court and Related Filings
Electronic courtesy copies of sealed documents with multiple parts and more than one sealed part are required; submit a single PDF via digital upload or by contacting the courtroom deputy, with bookmarked exhibits, highlighted sealed material, and ECF stamp.
Electronic courtesy 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 nwcrd@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 5 | J
Patent owner must deliver two hard copies of all claim construction materials and patents in binders, double-sided and in color, to the Clerk's Office by a specified deadline.
To assist the Court with claim construction, the patent owner shall deliver to the Court two hard copies of all claim construction materials, including the joint claim construction statement, opening claim construction brief, responsive claim construction brief, and reply claim construction brief. The patent owner shall also include two hard copies of the patents in dispute. Two binders containing the hard copies, printed double-sided and in color, shall be delivered to the Clerk’s Office (Clerks Office, 2nd Floor, 280 South 1st Street, San Jose) no later than seven (7) days before the technology tutorial or sixteen (16) days before the claim construction hearing, whichever is earlier.
Civil cases
Page 8 | O. Patent Cases
Two courtesy copies required for manually filed electronic media, pretrial filings, briefs over 10 pages, and supporting materials for certain motions.
The parties are required to submit two courtesy copies of (1) electronic media that is manually filed, (2) pretrial filings, including papers associated with motions in limine, (3) all briefs that exceed 10 pages; and, (4) all supporting materials for dispositive motions, Daubert motions, motions for class certification or approval of a class settlement, and motions to seal.
Civil cases
Page 10 | R.7
Courtesy copies must be delivered or mailed for receipt within two court days after filing.
Courtesy copies shall be mailed for receipt or delivered to the Clerk's Office within two court days after the materials are filed.
Civil cases
Page 10 | R.7
Courtesy copies must be double-sided, three-hole-punched at left margin, and lodged with the San Jose Clerk's office.
Courtesy copies must be lodged with the Clerk's office in San Jose and must be double-sided and three-hole-punched at the left margin.
Civil cases
Page 10 | R.7
Courtesy copies of e-filed documents must include the ECF stamp on each page.
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.
Civil cases
Page 10 | R.7
Courtesy copies must be double-sided, three-hole-punched, and lodged with Clerk's office in San Jose.
Courtesy copies must be lodged with the Clerk’s office in San Jose and must be double-sided and three-hole-punched at the left margin.
Criminal cases
Page 3 | G. Briefing and Filing Guidelines
Courtesy copies required for electronic media and pretrial filings (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 3 | G. Briefing and Filing Guidelines
Courtesy copies of joint case management statements are not required unless requested by the Court.
Parties shall not deliver courtesy copies of their joint case management statement to the Court unless requested.
Civil cases
Page 3 | Joint Case Management Statement
Patent owner must deliver two hard copies of claim construction materials and patents in dispute, printed double-sided and in color in binders, to the Clerk's Office before the technology tutorial or claim construction hearing.
To assist the Court with claim construction, the patent owner shall deliver to the Court two hard copies of all claim construction materials, including the joint claim construction statement, opening claim construction brief, responsive claim construction brief, and reply claim construction brief. The patent owner shall also include two hard copies of the patents in dispute. Two binders containing the hard copies, printed double-sided and in color, shall be delivered to the Clerk's Office (Clerks Office, 2nd Floor, 280 South 1st Street, San Jose) no later than seven (7) days before the technology tutorial or sixteen (16) days before the claim construction hearing, whichever is earlier.
Civil cases
Page 9 | 2. Courtesy Copies of Claim Construction Materials
To assist the Court with claim construction, the patent owner shall deliver to the Court two hard copies of all claim construction materials, including the joint claim construction statement, opening claim construction brief, responsive claim construction brief, and reply claim construction brief. The patent owner shall also include two hard copies of the patents in dispute. Two binders containing the hard copies, printed double-sided and in color, shall be delivered to the Clerk’s Office (Clerks Office, 2nd Floor, 280 South 1st Street, San Jose) no later than seven (7) days before the technology tutorial or sixteen (16) days before the claim construction hearing, whichever is earlier.
To assist the Court with claim construction, the patent owner shall deliver to the Court two hard copies of all claim construction materials, including the joint claim construction statement, opening claim construction brief, responsive claim construction brief, and reply claim construction brief. The patent owner shall also include two hard copies of the patents in dispute. Two binders containing the hard copies, printed double-sided and in color, shall be delivered to the Clerk’s Office (Clerks Office, 2nd Floor, 280 South 1st Street, San Jose) no later than seven (7) days before the technology tutorial or sixteen (16) days before the claim construction hearing, whichever is earlier.
Civil cases
Page 7 | 2. Courtesy Copies of Claim Construction Materials
Courtesy copies must be lodged with the Clerk’s office in San Jose 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 San Jose 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.
Civil cases
Page 9 | Courtesy Copies
Courtesy copies must be marked with case info and delivered within 2 court days.
Courtesy copies shall be provided to the Court in envelopes, boxes, or other packaging clearly marked with (1) the case name and number, (2) “Judge Wise,” and (3) “Courtesy Copy.” Courtesy copies shall be mailed for receipt or delivered to the Clerk’s Office within two court days after the materials are filed.
Civil cases
Page 9 | Courtesy Copies
If the filing includes exhibits over two-inches thick, the parties shall provide the courtesy copies in a binder. 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.
If the filing includes exhibits over two-inches thick, the parties shall provide the courtesy copies in a binder. 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.
Civil cases
Page 9 | Courtesy Copies
Parties must deliver two sets of pre-marked exhibits to Clerk's Office 14 days before pretrial conference.
Unless otherwise ordered, no later than 14 calendar days before the pretrial conference, the parties must deliver to the Clerk's Office, with the notation "Attention Courtroom Deputy Judge Wise," two sets of all pre-marked exhibits, with one set tagged. Sample tags may be obtained from the Courtroom Deputy and are attached to this standing order as Exhibit A. Admitted exhibits from these binders will be given to the jury during deliberations.
Civil cases
Page 4 | Delivery
Two courtesy copies required for MILs and oppositions, due 14 days before pretrial conference.
All MILs, and any corresponding oppositions, must be contained in one document, limited to 25 total pages per side, and must be filed and served, with two courtesy copies delivered to the Court, no later than 14 calendar days before the pretrial conference.
Civil cases
Page 5 | F. Motions in Limine (MIL)
Jury instructions courtesy copies must be in three-ring binder with three tabs: agreed instructions, disputed tailoring, and proposed instructions.
The courtesy copies of the jury instructions must be contained in a clearly labeled, single, three-ring binder, with three tabs. The first tab must contain all agreed upon instructions. The second tab must contain jury instructions that all parties agree should be given but disagree about how that instruction should be tailored to the case.
Civil cases
Page 6 | G. Jury Materials
Agreed verdict form courtesy copies must be in clearly labeled single three-ring binder.
The courtesy copies of the agreed upon verdict form must be contained in a clearly labeled, single, three-ring binder.
Civil cases
Page 6 | G. Jury Materials
Trial briefs optional but must be filed 14 days before trial with 2 courtesy copies.
Trial briefs are optional, but any party wishing to file a trial brief must do so at least 14 calendar days prior to the commencement of trial, with two courtesy copies delivered to the Court.
Civil cases
Page 7 | Trial Briefs
Courtesy copies of joint case management statement are prohibited unless requested by the Court.
Parties shall not deliver courtesy copies of their joint case management statement to the Court unless requested.
Civil cases
Page 3 | F. Joint Case Management Statement and Initial Case Management Conference
Courtesy copies must be in packaging marked with case name/number, 'Judge Wise,' and 'Courtesy Copy.'
Courtesy copies shall be provided to the Court in envelopes, boxes, or other packaging clearly marked with (1) the case name and number, (2) “Judge Wise,” and (3) “Courtesy Copy.”
Civil cases
Page 10 | R.7
Exhibits over two inches thick must be in a binder; binder spine should not exceed three inches.
If the filing includes exhibits over two-inches thick, the parties shall provide the courtesy copies in a binder. 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.
Civil cases
Page 10 | R.7
Courtesy copies may be requested but unsolicited submission discouraged.
may request courtesy copies of other documents but discourages their unsolicited submission.
Civil cases
Page 9 | Courtesy Copies
Courtesy copy requirements are waived for self-represented litigants.
This section's requirements are waived for self-represented litigants who are proceeding without a lawyer.
Civil cases
Page 10 | R.7
Side tabs, rather than bottom tabs, should be used to separate exhibits.
Side tabs, rather than bottom tabs, should be used to separate exhibits.
Civil cases
Page 10 | R.7
2 courtesy copies required for electronic media, pretrial filings, briefs over 10 pages, and dispositive/Daubert motion materials.
The parties are required to submit two courtesy copies of (1) electronic media that is manually filed, (2) pretrial filings, including papers associated with motions in limine, (3) all briefs that exceed 10 pages; and, (4) all supporting materials for dispositive motions, Daubert motions,
Civil cases
Page 8 | 6. Courtesy Copies and Proposed Orders
Sealing & Redaction Procedures
Documents cannot be filed under seal without a narrowly tailored court order showing good cause.
Parties are reminded that court proceedings are presumptively public, and no document shall be filed under seal without request for a court order that is narrowly tailored to cover only the document, the portion of the document, or the category of documents for which good cause exists for filing under seal.
Criminal cases
Page 3 | Sealing Procedure
Motions to seal must comply with Civil Local Rule 79-5 and include a chart with four columns (ECF number, description, portions to seal, reasons).
Parties are reminded that court proceedings are presumptively public, and no document shall be filed under seal without request for a court order that is narrowly tailored to cover only the document, the particular portion of the document, or the category of documents for which good cause exists for filing under seal. Motions to seal documents shall be filed in accordance with Civil Local Rule 79-5. In addition, each administrative motion filed pursuant to Civil Local Rule 79-5(c) and declaration filed pursuant to Civil Local Rule 79-5(f)(3) shall include a chart, in the format set forth below, which includes the following four columns: (1) ECF number of the document sought to be sealed; (2) description or name of the document sought to be sealed; (3) portion(s) of the document to seal; and (4) reason(s) why the document should be sealed, including citation to the applicable declaration. Each separate document for which sealing is sought shall have its own row in the table.
Civil cases
Page 4 | J. Motions to Seal
Documents cannot be filed under seal without court order showing good cause.
Parties are reminded that court proceedings are presumptively public, and no document shall be filed under seal without request for a court order that is narrowly tailored to cover only the document, the portion of the document, or the category of documents for which good cause exists for filing under seal.
Criminal cases
Page 2 | F. Motions to Seal
Motions to seal must include a chart with ECF number, document description, portions to seal, and reasons for sealing.
Motions to seal documents shall be filed in accordance with Civil Local Rule 79-5. In addition, each administrative motion filed pursuant to Civil Local Rule 79-5(c) and declaration filed pursuant to Civil Local Rule 79-5(f)(3) shall include a chart, in the format set forth below, which includes the following four columns: (1) ECF number of the document sought to be sealed; (2) description or name of the document sought to be sealed; (3) portion(s) of the document to seal; and (4) reason(s) why the document should be sealed, including citation to the applicable declaration. Each separate document for which sealing is sought shall have its own row in the table.
Civil cases
Page 4 | J. Motions to Seal
Filing Bundling Requirements
The Court receives more requests than it can accommodate for magistrate judge settlement conferences. As a result, with limited exceptions, the Court generally does not refer cases for settlement with a magistrate judge unless the parties have already completed one of the other processes set forth in ADR Local Rule 3-4: Early Neutral Evaluation, Mediation, or Private ADR. Parties who complete one of these processes without reaching a settlement may request referral to a magistrate judge at that time.
The Court receives more requests than it can accommodate for magistrate judge settlement conferences. As a result, with limited exceptions, the Court generally does not refer cases for settlement with a magistrate judge unless the parties have already completed one of the other processes set forth in ADR Local Rule 3-4: Early Neutral Evaluation, Mediation, or Private ADR. Parties who complete one of these processes without reaching a settlement may request referral to a magistrate judge at that time.
Civil cases
Page 9 | Requests for Settlement Conferences with a Magistrate Judge
Exceptions to settlement conference rule may be discussed in initial case management statement or early case management conference request.
If the parties believe their case merits an exception to this rule, they should discuss their views in the initial case management statement. If they seek a referral before the initial case management conference, they may file a joint request for an early case management conference.
Civil cases
Page 9 | Requests for Settlement Conferences with a Magistrate Judge
Pre-Motion Conference Requirements
All civil motions must be noticed for a hearing except pro hac vice, time enlargement/shortening, and administrative relief motions.
All civil motions must be noticed for a hearing in accordance with Civil Local Rule 7-2(a) except: (1) motions for leave to appear pro hac vice; (2) motions to enlarge or shorten time pursuant to Civil Local Rule 6-1; and (3) motions for administrative relief pursuant to Civil Local Rule 7-11. The Court does not hold hearings for these administrative motions.
Civil cases
Page 1 | C
Civil motions are heard only on Wednesdays at 9:00 a.m. in Courtroom 3, 5th Floor, 280 S. First St, San Jose, CA, by reservation only.
Judge Wise hears civil motions by reservation only on Wednesdays at 9:00 a.m., in Courtroom 3, 5th Floor, United States District Court, 280 South First Street, San Jose, California.
Civil cases
Page 1 | C. Court Schedule
Bench and jury trials start Mondays at 9:00 a.m., run through Thursday; half-day (4.5h) or full-day (6.5h) schedule based on projected length.
Bench and jury trials commence on Mondays at 9:00 a.m. and continue through Thursday of each week. Depending on the projected length of the trial, the Court will utilize a 4.5 hour, half day schedule (9:00-1:30 with two 15-minute breaks), or a 6.5 hour, full-day schedule (9:00-4:30 with a thirty-minute lunch break, and two 15-minute breaks, one in the morning and one in the afternoon).
Civil cases
Page 1 | C. Court Schedule
Parties may not reserve more than two motions or have more than two motions heard per hearing without leave of court; a motion demonstrating good cause is required to exceed.
No party will be given reservations for more than two motions without leave of Court, nor will the Court hear more than two motions per party at a particular hearing without leave of Court or a Court Order. Any party wishing to exceed this limit must file a motion with the Court and demonstrate good cause for the request.
Civil cases
Page 1 | C. Court Schedule
All civil motions must be noticed for hearing per Civil L.R. 7-2(a, except pro hac vice, time enlargement/shortening, and administrative relief motions, which have no hearings.
All civil motions must be noticed for a hearing in accordance with Civil Local Rule 7-2(a) except: (1) motions for leave to appear pro hac vice; (2) motions to enlarge or shorten time pursuant to Civil Local Rule 6-1; and (3) motions for administrative relief pursuant to Civil Local Rule 7-11. The Court does not hold hearings for these administrative motions.
Civil cases
Page 1 | C. Court Schedule
Case management conferences are held via Zoom webinar unless noted otherwise; all other hearings are in person unless noted or leave is granted.
The Court holds case management conferences via Zoom webinar unless otherwise noted. All other hearings before the Court shall be held in person unless otherwise noted or if leave is granted.
Civil cases
Page 2 | D. Remote Hearings
Motions may not be filed without a reserved hearing date; motions filed without a reservation will be stricken and cannot be refiled until a reservation is obtained.
No party shall file a motion without first obtaining a hearing date as described above. Any motion filed without a reserved hearing date will be stricken from the docket by the Court, and the party may not refile until they obtain a reservation from the Courtroom Deputy.
Civil cases
Page 2 | C. Court Schedule
Cross-motions for judgment under Federal Rule of Civil Procedure 52 must adhere to the same briefing and scheduling guidelines applicable to cross-motions for summary judgment.
If parties intend to resolve a case under cross-motions for judgment brought under Rule 52 of the Federal Rules of Civil Procedure, they must follow the same briefing and scheduling guidelines set forth above regarding cross-motions for summary judgment.
Civil cases
Page 7 | L. Cross-Motions under Rule 52 of the Federal Rules of Civil Procedure
Civil motions require reservation for Wednesday 9:00 a.m. hearings in San Jose.
Judge Wise hears civil motions by reservation only on Wednesdays at 9:00 a.m., in Courtroom 3, 5th Floor, United States District Court, 280 South First Street, San Jose, California. Motions filed without a previously arranged hearing date will be stricken, and parties may not refile until they obtain a reservation.
Civil cases
Page 1 | Court Schedule
Maximum 2 motions per party per hearing without leave of court.
When reserving a hearing date, parties must inform Ms. Warren of the number and type(s) of motions to be filed. No party will be given reservations for more than two motions without leave of Court, nor will the Court hear more than two motions per party at a particular hearing without leave of Court or a Court order.
Civil cases
Page 1 | Court Schedule
Parties must consult website, meet and confer, then jointly contact Courtroom Deputy to reserve hearing.
Parties must consult Judge Wise’s weekly calendar and scheduling notes, available at https://www.cand.uscourts.gov/judges/wise-noel-nw/, for the most recent information regarding when and where hearings will be held. After reviewing the website, counsel or unrepresented parties shall meet and confer to identify mutually agreeable dates. Parties shall jointly contact Judge Wise’s Courtroom Deputy, Allie Warren, at (408) 535-5332 or nwcrd@cand.uscourts.gov to reserve a hearing date.
Civil cases
Page 1 | Court Schedule
Motions must be filed within 3 business days of reservation confirmation.
Once a party reserves a hearing date, the party shall file their motion(s) no later than three business days (Saturdays, Sundays, and court holidays are excluded) following the date of the reservation confirmation email.
Civil cases
Page 1 | Court Schedule
Civil motions require hearing except for pro hac vice, time extension, and administrative relief motions.
All civil motions must be noticed for a hearing in accordance with Civil Local Rule 7-2(a) except: (1) motions for leave to appear pro hac vice; (2) motions to enlarge or shorten time pursuant to Civil Local Rule 6-1; and (3) motions for administrative relief pursuant to Civil Local Rule 7-11. The Court does not hold hearings for these administrative motions.
Civil cases
Page 1 | Court Schedule
Joint case management statement required at least 18 calendar days before case management conference.
Parties are required to file a joint case management statement not less than eighteen (18) calendar days before a scheduled case management conference, unless the Court sets a different deadline.
Civil cases
Page 2 | Joint Case Management Statement and Initial Case Management Conference
Administrative request to appear via Zoom required at least one week before hearing.
Parties wishing to appear via Zoom shall file and serve an administrative request to appear via Zoom and a proposed order at least one week prior to the scheduled hearing date. If all parties wish to appear via Zoom, the parties should file a joint administrative request or indicate that the request is unopposed.
Civil cases
Page 2 | Remote Hearings
A party may not reserve or have heard more than two motions at a hearing without leave of Court.
No party will be given reservations for more than two motions without leave of Court, nor will the Court hear more than two motions per party at a particular hearing without leave of Court or a Court order.
Civil cases
Page 1 | C
Court may reset hearing dates or vacate hearing for matters suitable for decision without oral argument.
The Court may reset noticed hearing dates as its calendar requires. The Court may determine a matter is suitable for disposition without oral argument and vacate the hearing on the matter.
Civil cases
Page 2 | Court Schedule
Case management conferences held Tuesdays at 9:00 a.m., may be combined with other hearings.
Case management conferences are held on Tuesdays at 9:00 a.m. If a matter is set for a hearing, the Court may elect to hold a case management conference in conjunction with that hearing.
Civil cases
Page 2 | Court Schedule
Trials commence Mondays at 9:00 a.m., continue through Thursday, with half-day or full-day schedules.
Bench and jury trials commence on Mondays at 9:00 a.m. and continue through Thursday of each week. Depending on the projected length of the trial, the Court will utilize a 4.5 hour, half day schedule (9:00-1:30 with two 15-minute breaks), or a 6.5 hour, full-day schedule (9:00-4:30 with a thirty-minute lunch break, and two 15-minute breaks, one in the morning and one in the afternoon).
Civil cases
Page 2 | Court Schedule
Remote participants must follow website directions and ensure good connection without background noise.
If a request is granted, the parties must follow the directions provided on the Court’s website for remote participation (https://www.cand.uscourts.gov/wise-noel-nw/). To ensure the quality of the record, any party appearing remotely must have a good connection and must avoid participating from a public space or any other environment with background noise that could disrupt the proceedings.
Civil cases
Page 2 | Remote Hearings
Pre-trial hearings held Wednesdays at 2:00 p.m.
The Court conducts pre-trial hearings on Wednesdays at 2:00 p.m.
Civil cases
Page 2 | Court Schedule
Case management conferences via Zoom; other hearings in person unless otherwise noted or leave granted.
The Court holds case management conferences via Zoom webinar unless otherwise noted. All other hearings before the Court shall be held in person unless otherwise noted or if leave is granted.
Civil cases
Page 2 | Remote Hearings
Filing deadlines are 5:00 p.m. unless otherwise ordered.
All filing deadlines are at 5:00 p.m. unless otherwise ordered.
Civil cases
Page 2 | Court Schedule
Failure to file motion within deadline cancels hearing reservation.
If a party fails to timely file any motion, the hearing reservation will be cancelled.
Civil cases
Page 1 | Court Schedule
Adjournment & Extension Requirements
Requests to extend deadlines or continue hearings must be filed at least 3 business days in advance, and are generally only granted for unforeseen emergencies or written settlement agreements.
Requests to extend deadlines or continue hearing dates will generally only be granted if there is an unforeseen emergency, or the parties have reached a written agreement regarding settlement. Any request should be filed at least three business days prior to the deadline or hearing sought to be extended or continued.
Criminal cases
Page 2 | E. Requests to Extend Deadlines or Continue Hearing Dates
Requests to enlarge page limits must be filed at least three business days before the deadline.
Requests to enlarge page limits will rarely be granted, but any such requests must be filed at least three business days prior to the filing deadline.
Criminal cases
Page 3 | G. Briefing and Filing Guidelines - 1. Requests to Enlarge Page Limits
Requests to extend deadlines must explain reasons with particularity.
Parties seeking to modify a Court ordered deadline or a deadline set by Federal or local rules must explain “with particularity the reasons for the requested enlargement.” Civ. L. R. 6-2(a).
Civil cases
Page 9 | Q
Extension requests must be filed at least three business days before the deadline or hearing.
Any request should be filed at least three business days prior to the deadline or hearing sought to be extended or continued.
Civil cases
Page 9 | Q
Extension requests require maintaining hearing schedule, good cause, and narrow tailoring.
Requests to extend deadlines or continue hearing dates will generally only be granted if: (a) the request maintains the number of days between when the reply brief is due and the date of the hearing; (b) the requesting party has demonstrated that there is good cause (e.g., an unforeseen emergency); and (c) the time extension is narrowly tailored to address the good cause.
Civil cases
Page 9 | Q
Motions must be filed within 14 days of reservation.
Once a party reserves a hearing date, the party shall file their motion(s) within fourteen days.
Criminal cases
Page 1 | B. Court Schedule
Hearing reservation expires if motion not filed within 14 days.
If a party fails to file any motion within fourteen days, the hearing reservation will expire without further notice to the parties, and the moving party must obtain a new reservation before filing the motion(s).
Criminal cases
Page 1 | B. Court Schedule
Continuance requests must be filed 3 court days before hearing with proposed order.
To request a continuance of a scheduled hearing, counsel must file a proposed order, preferably by stipulation, including whether time under the Speedy Trial Act should be excluded, no later than three court days before the scheduled hearing.
Criminal cases
Page 1 | B. Court Schedule
Opposition briefs must be filed 14 days before hearing.
Opposition briefs shall be filed at least fourteen days in advance of the hearing date.
Criminal cases
Page 2 | D. Motions
Any request should be filed at least three business days prior to the deadline or hearing sought to be extended or continued.
Any request should be filed at least three business days prior to the deadline or hearing sought to be extended or continued.
Criminal cases
Page 2 | E. Requests to Extend Deadlines or Continue Hearing Dates
Motions in limine must be filed 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 days prior to the pretrial conference.
Criminal cases
Page 2 | D. Motions
Reply briefs must be filed 7 days before hearing.
Reply briefs shall be filed at least seven days in advance of the hearing date.
Criminal cases
Page 2 | D. Motions
Unless otherwise ordered, the parties may stipulate to any mutually agreeable briefing schedule so long as all briefing is complete at least seven days in advance of the hearing date.
Unless otherwise ordered, the parties may stipulate to any mutually agreeable briefing schedule so long as all briefing is complete at least seven days in advance of the hearing date.
Criminal cases
Page 2 | D. Motions
Motions (non-sentencing) must be filed 21 days before hearing without stipulation.
In the absence of a stipulation, motions (except those pertaining to sentencing) shall be filed at least 21 days in advance of the hearing date.
Criminal cases
Page 2 | D. Motions
Requests to extend deadlines or continue hearings must be filed at least three business days in advance and meet specific good cause requirements.
Parties seeking to modify a Court ordered deadline or a deadline set by Federal or local rules must explain "with particularity the reasons for the requested enlargement." Civ. L.R. 6-2(a). Requests to extend deadlines or continue hearing dates will generally only be granted if: (a) the request maintains the number of days between when the reply brief is due and the date of the hearing; (b) the requesting party has demonstrated that there is good cause (e.g., an unforeseen emergency); and (c) the time extension is narrowly tailored to address the good cause. Good cause includes if the parties attest they have reached a complete, written settlement agreement, not a settlement in principle. Any request must 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 10 | R. Requests to Extend Deadlines or Continue Hearing Dates
Extension/continuance requests require 3 business days notice and are only granted for emergencies or settlement agreements.
Requests to extend deadlines or continue hearing dates will generally only be granted if there is an unforeseen emergency, or the parties have reached a written agreement regarding settlement. Any request 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 8 | Requests to extend deadlines or continue hearing dates
Page limit extension requests require 3 business days notice and are rarely granted.
Requests to enlarge page limits will rarely be granted, but any such requests must be filed at least three business days prior to the filing deadline. 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 in question or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.
Civil cases
Page 8 | 1. Requests to Enlarge Page Limits
Interpreter requests must be made 30 days before trial.
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 Judge Wise’s Courtroom Deputy at least 30 days before the commencement at trial at (408) 535-5332 or nwcrd@cand.uscourts.gov.
Civil cases
Page 9 | R. Interpreters
Daily transcript/real-time reporting requests must be submitted 14 days before trial.
Any party who would like a daily transcript or real-time reporting must follow the procedures outlined on the Office of the Clerk of Court’s website: https://cand.uscourts.gov/about/clerks- office/transcripts-court-reporters/. Parties must submit requests for daily transcripts or real-time reporting no later than 14 calendar days before the first day of trial.
Civil cases
Page 9 | Q. Daily Transcripts and Real-Time Reporting
Requests to enlarge page limits must be filed at least three business days before the filing deadline.
Requests to enlarge page limits will rarely be granted, but any such requests must be filed at least three business days prior to the filing deadline.
Civil cases
Page 9 | R.1
Opposition to an administrative motion to enlarge page limits must be filed by noon one business day before the deadline or per Local Rule 7-11, whichever is sooner.
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 in question or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.
Civil cases
Page 9 | R.1
Opposition to an administrative motion for extension must be filed by noon one business day before the deadline or hearing, or per Local Rule 7-11, whichever is sooner.
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 9 | Q
Extensions/continuances granted only for unforeseen emergency or settlement agreement.
Requests to extend deadlines or continue hearing dates will generally only be granted if there is an unforeseen emergency, or the parties have reached a written agreement regarding settlement.
Criminal cases
Page 2 | E. Requests to Extend Deadlines or Continue Hearing Dates
Trial continuances generally denied except for exigent circumstances or complete settlement.
Absent exigent circumstances or the parties reaching a complete settlement (not a settlement in principle) accompanied with a request for dismissal, or a stipulation with a date certain for the filing of dismissal, the Court generally will not grant trial continuances.
Civil cases
Page 7 | Continuances and Settlements
Chambers Communication Rules
Lead trial counsel must meet and confer 21 days before pretrial conference
At least 21 calendar days before the pretrial conference, lead trial counsel are ordered to meet and confer in good faith in person or by video conference regarding all trial matters, including but not limited to the following:
Civil cases
Page 1 | Meet and Confer Obligations Prior to Pretrial Conference
Parties shall jointly contact Judge Wise’s Courtroom Deputy, Allie Warren, at (408) 535-5332 or nwcrd@cand.uscourts.gov to reserve a hearing date.
Parties shall jointly contact Judge Wise’s Courtroom Deputy, Allie Warren, at (408) 535-5332 or nwcrd@cand.uscourts.gov to reserve a hearing date.
Criminal cases
Page 1 | B. Court Schedule
Counsel must notify Judge Wise’s Courtroom Deputy Allie Warren at least 30 days before trial if a witness requires an interpreter and no certified court interpreter is available, via phone or email.
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 Judge Wise’s Courtroom Deputy Allie Warren at least 30 days before the commencement at trial at (408) 535-5332 or nwcrd@cand.uscourts.gov.
Criminal cases
Page 6 | L. Interpreters
Administrative motions and declarations under Civil Local Rule 79-5 must be emailed in Word format to nwpo@cand.uscourts.gov on the same day of filing.
Each administrative motion filed pursuant to Civil Local Rule 79-5(c) and declaration filed pursuant to Civil Local Rule 79-5(f)(3) shall be submitted in Word format by email to nwpo@cand.uscourts.gov on the same day of filing.
Civil cases
Page 5 | J
Electronic copies of the chart must be sent in Word format to nwpo@cand.uscourts.gov
Electronic copies of the chart must be sent in Word format to nwpo@cand.uscourts.gov
Civil cases
Page 7 | Fee Motion Chart
Electronic copies of the chart included in the joint claim construction statement must be sent in Word format to nwpo@cand.uscourts.gov.
Electronic copies of the chart included in the joint claim construction statement must be sent in Word format to nwpo@cand.uscourts.gov.
Civil cases
Page 8 | O. Patent Cases
Criminal motions heard by reservation only on Tuesdays at 1:30 PM.
Judge Wise hears criminal motions by reservation only on Tuesdays at 1:30 p.m. in Courtroom 3, 5th Floor, United States District Court, 280 South First Street, San Jose, California.
Criminal cases
Page 1 | B. Court Schedule
Motions without reservation will be set aside and cannot be refiled without new reservation.
Motions filed without a previously arranged hearing date will be set aside, and parties may not refile until they obtain a reservation from Ms. Warren.
Criminal cases
Page 1 | B. Court Schedule
Parties must notify other parties of next day's witnesses by close of each 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.
Criminal cases
Page 5 | J. Witnesses at Trial
Counsel cannot consult with witness during cross-examination except for privilege or compliance issues.
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 5 | J. Witnesses at Trial
Notify courtroom deputy 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 Judge Wise’s Courtroom Deputy Allie Warren at least 30 days before the commencement at trial at (408) 535-5332 or nwcrd@cand.uscourts.gov.
Criminal cases
Page 6 | L. Interpreters
Parties shall jointly contact Judge Wise’s Courtroom Deputy, Allie Warren, at (408) 535-5332 or nwcrd@cand.uscourts.gov to reserve a hearing date.
Parties shall jointly contact Judge Wise’s Courtroom Deputy, Allie Warren, at (408) 535-5332 or nwcrd@cand.uscourts.gov to reserve a hearing date.
Civil cases
Page 1 | C. Court Schedule
Parties must jointly contact the courtroom deputy by phone or email to reserve a hearing date and provide motion details.
Parties shall jointly contact Judge Wise’s Courtroom Deputy, Allie Warren, at (408) 535-5332 or nwcrd@cand.uscourts.gov to reserve a hearing date. When reserving a hearing date, parties must inform Ms. Warren of the number and type(s) of motions to be filed.
Civil cases
Page 1 | C
Sidebar conferences discouraged; advance notice required for jury-out discussions
Sidebar conferences are discouraged. Parties must alert the Court in advance of any issues that require discussion or resolution outside the presence of the jury so the Court's conference with counsel can be held before the jury enters the courtroom or after the jury leaves for the day.
Civil cases
Page 2 | Joint Pretrial Statement
For questions about transcripts, contact San Jose Court Reporter Supervisor Snooki Puli via phone or email.
For any questions about transcripts, contact San Jose Court Reporter Supervisor Snooki Puli at (408) 535-5583 or Snooki_Puli@cand.uscourts.gov.
Criminal cases
Page 6 | K. Transcripts
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 5 | J. Witnesses at Trial
Parties must follow clerk's website procedures for daily transcripts or real-time reporting.
Any party who would like a daily transcript or real-time reporting must follow the procedures outlined on the Office of the Clerk of Court’s website: https://cand.uscourts.gov/about/clerks-office/transcripts-court-reporters/.
Criminal cases
Page 5 | K. Transcripts
All discovery matters are referred to magistrate judge; scheduling orders won’t be adjusted for pending discovery motions.
Discovery in all cases will be referred to a magistrate judge. The parties must follow the magistrate judge’s procedures. Case scheduling orders will not be shifted to accommodate pending discovery motions. Parties are advised to file discovery motions in a timely manner.
Civil cases
Page 4 | I. Discovery Matters
For any audiovisual presentations, counsel should consult with the Courtroom Deputy to determine what equipment, if any, counsel will need to provide and maintain during the trial.
For any audiovisual presentations, counsel should consult with the Courtroom Deputy to determine what equipment, if any, counsel will need to provide and maintain during the trial.
Civil cases
Page 7 | Audiovisual Presentations
Pretrial hearings held Wednesdays at 2:00 PM.
The Court conducts pre-trial hearings on Wednesdays at 2:00 p.m. each week.
Criminal cases
Page 1 | B. Court Schedule
Contact Snooki Puli for daily transcript or real-time transcript requests.
Parties must submit requests for daily transcripts or real-time transcripts, contact San Jose Court Reporter Supervisor Snooki Puli at (408) 535-5583 or Snooki_Puli@cand.uscourts.gov.
Criminal cases
Page 6 | K. Transcripts
Junior Lawyer Participation Incentives
There can only be one lawyer per witness per party for all purposes. If a junior lawyer will be responsible for a witness, the junior lawyer may briefly confer with a more senior lawyer during direct or cross examination, but absent leave of Court, only the junior lawyer will speak to the witness or the Court, including for objections.
There can only be one lawyer per witness per party for all purposes. If a junior lawyer will be responsible for a witness, the junior lawyer may briefly confer with a more senior lawyer during direct or cross examination, but absent leave of Court, only the junior lawyer will speak to the witness or the Court, including for objections.
Civil cases
Court encourages 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
The Court encourages oral argument by less-experienced attorneys.
The Court welcomes and encourages oral argument by less-experienced attorneys on any matters argued before the Court.
Civil cases
Page 8 | P. Skills Development
The Court encourages oral argument by less-experienced attorneys on any matters.
The Court welcomes and encourages oral argument by less-experienced attorneys on any matters argued before the Court.
Civil cases
Page 10 | Q. Skills Development
Less-experienced attorneys are encouraged to argue matters before the Court.
The Court welcomes and encourages oral argument by less-experienced attorneys on any matters argued before the Court.
Civil cases
Page 7 | P. Skills Development
Court encourages 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 8 | Opportunities for Junior Lawyers
Only one lawyer per witness per party; junior lawyer may confer briefly with senior lawyer.
There can only be one lawyer per witness per party for all purposes. If a junior lawyer will be responsible for a witness, the junior lawyer may briefly confer with a more senior lawyer during direct or cross examination, but absent leave of Court, only the junior lawyer will speak to the witness or the Court, including for objections.
Civil cases
Page 8 | Witnesses at Trial