Judge Rita F. Lin
Limits & Logistics
Document Limits
Courtesy Copies
Filings
Not Required
Filings (>10 pages)
Required
Filings (Admitted Exhibits)
Required
Adjournments
Must Include
- 1Number Of Previous Requests
- 2Previous Requests Granted Or Denied
- 3Adversary Position
- 4Reason For Request
- 5Proposed New Dates
- 6Affects Other Dates
- 7Defense Communication With Defendant
- 8Defendant Agreement
- 9Case Status Update
- 10Discovery Status Update
- 11Specific Facts For Speedy Trial Act Exclusion
Must Include
- 1Topics Of Each Motion In Limine
Communication
Chambers
Phone
Chambers
Phone
Intake Unit
Phone
Court Reporter
Chambers Contact
Courtroom Deputy
Website
Courtroom Technology Info
Letter Ecf
Adversary
In Person
Courtroom Deputy
Chambers
Oral
Chambers
Detailed Drafting Rules
Emergency applications require calling and emailing the Courtroom Deputy.
Counsel should call and email Judge Lin's Courtroom Deputy to alert the Court of the filing of any application for a temporary restraining order, a stipulation that requires a response from the Court within 24 hours, or any other emergency request.
Direct to: Chambers
- Advance Notice Requiredimmediately
Hearing dates must be checked on Court's website, not by calling.
Counsel should not call to reserve hearing dates but should instead check Judge Lin's calendar and Scheduling Notes on the Court's website to make sure the desired date is not blocked and notice motions for any available date on the civil law and motions calendar.
Phone
Direct to: Chambers
- Status Inquiries
Motions are heard in person by default, with Zoom as alternative.
The Court may notify the parties in advance of the hearing that it will be heard via Zoom rather than in person, but the default rule is that motions are heard in person.
Direct to: Chambers
Court may deny Zoom hearing requests if in-person is more beneficial.
The Court may deny the request if it believes an in-person hearing would be more beneficial.
Direct to: Chambers
- Status Inquiries
Zoom hearings discouraged for complex/dispositive motions or local counsel.
The Court is disinclined to hold hearings via Zoom for complex or dispositive motions, or if counsel for all parties are based locally.
Direct to: Chambers
- Status Inquiries
Notice of questions issued 2-3 court days before hearing.
Often, a notice of questions will issue two to three court days before the hearing, to alert the parties of the Court's principal questions.
Direct to: Chambers
PowerPoint presentations generally not permitted during motion arguments.
Lengthy PowerPoint presentations will generally not be permitted during argument on motions, as they circumvent the page limits imposed on briefing. However, counsel may use
Joint discovery letter limited to 5 pages after live conversation.
If the parties cannot resolve their discovery dispute after a good faith effort in which a live conversation has occurred between counsel, they shall prepare and file a joint letter of no longer than 5 pages stating the nature and status of their dispute.
All filing deadlines are at 5:00 p.m. Pacific Time unless otherwise ordered.
All filing deadlines are at 5:00 p.m. (Pacific Time) unless otherwise ordered.
Proposed orders must be sent in Microsoft Word compatible format to specified email.
All proposed orders should be sent in Microsoft Word compatible format to rflpo@cand.uscourts.gov.
DOCX
Briefs for summary judgment, class certification, class settlements, and claim construction are limited to 25 pages (support/opposition) and 15 pages (reply).
For summary judgment motions, class certification motions, motions for approval of class settlements, and claim construction, the briefs in support of and in opposition to the motions cannot exceed 25 pages, and reply briefs cannot exceed 15 pages.
Briefs for all other motions are limited to 15 pages (support/opposition) and 10 pages (reply).
For all other motions, the briefs in support of and opposition to the motions may not exceed 15 pages, and reply briefs may not exceed 10 pages.
Page limits include summaries of argument but exclude title page, TOC, TOA, and exhibits.
These page limits include summaries of argument and exclude the title page, table of contents, table of authorities, and exhibits.
All briefs must use Times New Roman 12pt font and be double spaced.
All briefs must use Times New Roman font (size 12) and must be double spaced.
Page limit increase motions must be filed at least two court days before brief due date.
Motions to increase page limits will rarely be granted, but any such motion must be filed no later than two court days before the brief is due.
Notice Required
Before deadline or appearance
Final briefs must be filed at least 14 days before the motion hearing.
The final brief for any motion should be filed at least 14 days prior to the hearing on the motion.
Cross-motions for summary judgment require 4 sequential briefs with specific page limits
In the event of cross-motions for summary judgment, the parties must file a total of four briefs sequentially, rather than three pairs of simultaneous briefs. Unless the parties agree to reverse the order (which they are free to do on their own), the opening brief is filed by the plaintiff side, the opening/opposition brief is filed by the defense side, the opposition/reply is filed by the plaintiff side, and the reply is filed by the defense side. 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.
Patent counterclaims consolidated into one claim construction hearing with four-brief sequence.
When a patent case also includes patent counterclaims, the Court will generally conduct one claim construction hearing covering all patents. In that situation, the claim construction briefing schedule will follow a four-brief sequence, following the page limits outlined above concerning cross-motions for summary judgment, with the plaintiff filing the first brief.
Filing Strategy
Bundling Policy
Patent counterclaims consolidated into one claim construction hearing
Pro se parties directed to Legal Help Center for free assistance.
Parties representing themselves, without the assistance of a lawyer, should visit the webpage entitled “Representing Yourself” available on the Court’s website at http://cand.uscourts.gov/representing-yourself. The page discusses the Court’s Legal Help Center which provides free assistance for unrepresented parties over the phone. Parties can make an appointment by calling (415) 782-8982.
Phone
Direct to: Intake Unit
- Status Inquiries
Courtroom layout and technology arrangements must be confirmed 10 days before trial
Contact courtroom deputy regarding courtroom layout and technology 10 Days Before Trial
Phone
Direct to: Chambers
Contact courtroom deputy 28 days before pretrial conference to request Box.com link for electronic binder.
Counsel shall contact Judge Lin’s Courtroom Deputy 28 days prior to the final pretrial conference to request a secure Box.com link to upload documents for the electronic binder. Counsel’s email should identify the case number and the trial date.
Direct to: Chambers
- Advance Notice Required28 days before pretrial conference
Motions in limine memoranda limited to 5 pages, no reply briefs permitted
The memoranda in support of and in opposition to each motion in limine shall be no longer than five pages. The moving party shall not file a reply brief.
Opening briefs for motions in limine must be served (not filed) 28 days before final pretrial conference
At least 28 calendar days before the final pretrial conference, the moving party shall serve, but not file, the opening brief.
Letter via ECF
- Status Inquiries
Daubert motions have 10-page limit for opening and opposition briefs.
Daubert motions may be noticed for the pre-trial conference and will count toward the ten-motion limit. The parties should follow the same process as described above for these motions, except that the parties are allowed ten pages instead of five for both the opening and opposition briefs.
Parties must consult with each other and Courtroom Deputy daily about exhibits in evidence.
The parties must consult with each other and with the Courtroom Deputy at the end of each trial day about which exhibits are in evidence and any limitations thereon. If there are any disagreements, the parties should bring them promptly to the Court’s attention.
In Person
Direct to: Courtroom Deputy
- Hoursend_of_each_trial_day
Parties must confer with Courtroom Deputy to organize exhibits and load onto Jury PC before closing arguments.
At the close of evidence, before closing arguments, the parties must confer with the Courtroom Deputy to make sure the exhibits in evidence are in good order. At that time, the parties shall also agree upon an exhibit list of admitted exhibits with neutral descriptions, and shall load all admitted exhibits and the agreed-upon exhibit list onto Jury PC, which will be used to view the evidence during deliberations.
In Person
Direct to: Courtroom Deputy
- Hoursclose_of_evidence_before_closing_arguments
Arrange for daily transcript/real-time reporting at least 14 days before trial.
Should a daily transcript and/or real-time reporting be desired, the parties shall make arrangements with the Supervisor of the Court Reporting Services, at (415) 522-2079, at least 14 days before the trial date.
Phone
Direct to: Clerk
- Advance Notice Required14 days before trial
Contact courtroom deputy 10 days before trial for layout questions.
At least 10 days prior to trial, the parties should contact the Courtroom Deputy at rflcrd@cand.uscourts.gov to discuss any questions or issues about the layout of the courtroom.
Direct to: Chambers
- Advance Notice Required10 days before trial
Test electronic equipment with courtroom deputy before first trial day.
For electronic equipment, parties should be prepared to maintain the equipment or have a technician handy at all times, and shall arrange with the Courtroom Deputy to test the equipment in the courtroom prior to the first day of trial.
Direct to: Chambers
- Advance Notice Requiredbefore first trial day
Written motions during trial require prior oral raise and authorization, limited to 5 pages, due by 6:00 p.m.
No written motions are permitted during trial before (a) lead trial counsel have met and conferred as to the issue, and (2) the issue has been raised orally to the Court either at the beginning or close of the trial day, and the Court has authorized such a filing. Any written motions during trial will be limited to five pages, and must be submitted no later than 6:00 p.m., absent an exception authorized by the Court.
Evidentiary issues should be raised at start of day or during breaks, not at lengthy sidebar.
Anticipated evidentiary issues should be raised at the start of the day or, if unanticipated, during a break, rather than at a lengthy sidebar with the jury waiting.
Oral
- Timingat the start of the day or during breaks
Bench trial pretrial filings due 7 days before conference, including 10-page trial briefs.
In non-jury cases, all pretrial filings are due 7 days before the pretrial conference. They must include trial briefs not to exceed 10 pages each, a joint pretrial conference statement,