Northern District of California Document Filing Requirements

Applies to

Joint proposed final pretrial order

Joint proposed final pretrial order must include specific content: claims/defenses, relief, stipulated facts, factual issues, joint exhibit list, witness list with testimony summaries and time estimates; exhibit list and witness list as appendices.

the parties shall meet and confer and prepare a joint proposed final pretrial order that contains: (i) a brief description of the substance of claims and defenses which remain to be decided, (ii) a statement of all relief sought, (iii) all stipulated facts, (iv) a list of all factual issues which remain to be tried, (v) a joint exhibit list in numerical order, including a brief description of the exhibit, a column for when it is offered in evidence, a column for when it is received in evidence, and a column for any limitations on its use, and (vi) each party's separate witness list for its case-in- chief witnesses (including those appearing by deposition) providing, for all such witnesses other than an individual plaintiff and an individual defendant, a short statement of the substance of his/her testimony and, separately, what, if any, non-cumulative testimony the witness will give. If non-cumulative testimony is not spelled out, then the Court will presume the witness is cumulative. For each witness, state an hour/minute time estimate for the direct examination (only). Items (v) and (vi) should be appendices to the proposed order.

Applies to

Proposed findings of fact and conclusions of law

Proposed findings of fact and conclusions of law must be filed 7 days before pretrial conference, hyperlinked to evidence, brief, plain English, delivered on thumb drive in Word format with label.

Each party shall file at least 7 days prior to the Pretrial Conference proposed Findings of Fact and Conclusions of Law on all material issues. The Court requests that the parties hyperlink each proposed Finding of Fact to any supporting evidence. Proposed Findings shall be brief, written in plain English, and free of pejorative language, conclusions and argument. Parties shall deliver to Chambers copies of Proposed Findings of Fact and Conclusions of Law on a thumb drive in Word format, with a label including the name of the case, the case number and a description of the submission

Applies to

Admitted exhibits

Admitted exhibits must be accompanied by a Joint Certification of Counsel confirming they are true and correct copies.

These exhibits shall be accompanied by a Joint Certification of Counsel that the exhibits are true and correct copies of the exhibits submitted to the trier of fact in the matter.

Applies to

Motion

Must include

proposed order

Proposed order required with all motions and oppositions.

Counsel shall submit a proposed form of order with all motion and opposition papers.

Applies to

Plea agreement

Plea agreements under Rule 11(c)(1)(B) must include specific content regarding Sentencing Guidelines and appellate rights waiver.

Plea agreements pursuant to Federal Rule of Criminal Procedure 11(c)(1)(B) must include the following: 1. If the agreement includes a Sentencing Guidelines calculation, then it must also state that the parties agree that the adjusted offense level results in a Guidelines range of ___ to ___ months depending on the defendant’s Criminal History Category. 2. If the agreement includes a waiver of appellate rights, it must also reserve the

Applies to

Joint case management statement

Must include

caption, case number

Joint case management statements must be filed 7 days before initial and all subsequent case management conferences.

Joint case management statements are required and must be filed seven days in advance of the initial case management conference date. Updated joint case management statements are required and must be filed seven days in advance of all other case management conferences.

Applies to

Motion

Must include

caption, case number, proposed order

Each motion must include a proposed order with relief sought, rationale, and citations; courtesy copy emailed to ygrpo@cand.uscourts.gov.

Each party filing or opposing any motion shall also serve a proposed order that sets forth the relief or action sought and a short statement of the rationale of the decision, including citation of authority that the party requests the Court to adopt, and citations to the record evidence where applicable. The proposed order should be submitted at the same time as the motion or opposition, with a courtesy copy emailed to ygrpo@cand.uscourts.gov.

Applies to

Discovery letter brief

Must include

caption, case number, meet and confer attestation

Discovery relief requests must be in one joint letter brief (max 4 pages, 2 per side) with meet-and-confer attestation.

All other requests for discovery relief must be summarized by the parties in one joint letter brief no longer than four pages (two pages per side). In the joint letter brief, counsel must attest that, prior to filing the request for relief, counsel met and conferred in person or by videoconference, and then concisely summarize all remaining issues that counsel were unable to resolve.

Applies to

Stipulated protective order

Must include

caption, case number, judicial intervention language

Stipulated protective orders must include language about following Court's Standing Order for designation disputes requiring judicial intervention.

Parties submitting proposed forms of stipulated protective order shall include the following language with respect to resolution of designation disputes: [6.3 Judicial Intervention.] If the Parties cannot resolve a challenge without court intervention, the parties shall follow the Court's Standing Order in Civil Cases regarding Discovery and Discovery Motions.

Applies to

Summary judgment motion

Must include

separate statement

Separate statement required for summary judgment motions, except for pro se plaintiffs.

Any party moving for summary judgment or opposing summary judgment is required to submit a separate statement as set forth herein. Pro se plaintiffs, however, are not required to submit a separate statement.

Applies to

Motion for summary judgment

Must include

general order 71 certification

Pro se employment actions must certify compliance with General Order 71 in summary judgment motion.

A party bringing a motion for summary judgment in a pro se employment action must certify compliance with General Order 71 within the motion for summary judgment.

Applies to

Proposed order

Must include

proposed order

Proposed order required for undisputed sealing requests in chart format.

Proposed Order On Undisputed Sealing Requests: Parties shall file and email to the Court's proposed order inbox, a proposed order addressing all undisputed sealing requests. This shall be in chart form with a column identifying the document(s), a column describing the action to be taken (seal, portions to redact, unseal), and a column for the Court's order.

Applies to

Proposed order

Must include

proposed order

Omnibus proposed order required for sealing disputes in chart format.

Proposed Order: Parties shall file an omnibus proposed order addressing all disputes. The order shall include a chart identifying all documents and portions of documents by consistent identifier (e.g., Bates number) and docket location and a column for the Court's order on each document and portions of documents.

Applies to

Amended complaint

Must include

redline comparison

Redline comparison required for amended complaints and motions to amend.

In connection with all amended complaints and motions seeking leave to amend pleadings, parties shall submit a redline comparison with the operative pleading to ygrpo@cand.uscourts.gov upon filing of the amended complaint or motion seeking leave to amend. This requirement does not apply to self-represented parties.

Applies to

Securities chart

Must include

chart

Securities cases require chart summarizing PSLRA allegations within 14 days.

Within 14 days of service of the complaint (or consolidated complaint), the plaintiff shall file a chart summarizing the information required by 15 U.S.C. § 78u-4(b)(1) and (2), specifically identifying the allegations in the operative complaint as follows: (a) each statement alleged to have been false or misleading; (b) the speaker, date, and medium by which the statement was made; (c) the reason(s) the statement was false or misleading when made; and (d) the facts alleged to show that defendant(s) knew the statement false and/or misleading.

Applies to

Standing order

Must include

certificate of service

Plaintiff/removing defendant must serve copies of Standing Order and CAND CMC Order to all parties and file certificate of service.

Plaintiff (or in the case of removed actions, any removing defendant) is directed to serve copies of this Standing Order in Civil Cases and the CAND CMC Order at once upon all parties to their action, and upon those subsequently joined, in accordance with the provisions of Federal Rules of Civil Procedure, Rules 4 and 5, and to file with the Clerk of the Court a certificate reflecting such service, in accordance with Civil Local Rule 5-6(a).

Applies to

Notice of settlement

Must include

signature blocks

Settlement notices must be signed by all parties and comply with Civil Local Rule 5-1(i) for electronic filing.

Any notice of settlement sent to the Court must be signed by all parties to the settlement. Electronically filed notices shall be signed pursuant to Civil Local Rule 5-1(i), including, if applicable, a filer's attestation as provided by Civil Local Rule 5-1(i)(3).

Applies to

Motion for class action settlement approval

Class action settlement approval motions must follow NDCA Procedural Guidance.

A motion for Court approval of a class action settlement must provide the information described in the Northern District of California's Procedural Guidance for Class Action Settlements.

Applies to

Jury instructions

Must include

table of contents

Joint jury instructions must be submitted 7 days before pretrial conference with table of contents.

Counsel shall jointly submit one set of additional proposed jury instructions, ordered in a logical sequence, together with a table of contents, using the Ninth Circuit Manual where possible, or Devitt and Blackmar or CALJIC, not less than seven (7) days prior to the pretrial conference.

Applies to

Jury instructions

Disputed jury instructions must be marked and include arguments/authority.

Any instructions on which counsel cannot agree shall be marked as "disputed," and shall be included within the jointly submitted instructions and accompanying table of contents, in the place where the party proposing the instruction believes it should be given. Argument and authority for and against each disputed instruction shall be included as part of the joint submission, on separate sheets directly following the disputed instruction.

Applies to

Opening statements

Opening statement visuals must be exchanged by Wednesday before trial, objections filed Thursday, phone conference Friday.

Parties must meet and confer to exchange any visuals, graphics or exhibits to be used in opening statements. Unless otherwise agreed, the exchange must occur no later than the close of business on the Wednesday before trial. Any objections not resolved must be filed in writing by the Thursday before trial. The parties shall be available by telephone on the Friday before trial to discuss the issues raised with the Court.

Applies to

Claim construction hearing

Must include

exhibits

Exhibits must be exchanged and provided to Court 24 hours before hearing

Demonstrative exhibits and visual aids are permissible at the hearing so long as they are based on information contained in the papers already filed. Counsel shall exchange copies of exhibits, as well as provide copies to the Court, no later than twenty-four hours prior to the hearing, and shall bring printed copies to the hearing.

Applies to

Joint case management statement

Joint Case Management Statement must include certification that parties reviewed ESI Guidelines and met/conferred per Rule 26(f) on evidence preservation.

A brief report certifying that the parties have reviewed the Guidelines Relating to the Discovery of Electronically Stored Information ("ESI Guidelines"), and confirming that the parties have met and conferred pursuant to Fed. R. Civ. P. 26(f) regarding reasonable and proportionate steps taken to preserve evidence relevant to the issues reasonably evident in this action.

Applies to

Joint case management statement

Joint Case Management Statement must include Certification of Interested Entities or Persons per Local Rule 3-15 and restate its contents, including funding sources in class actions.

Whether each party has filed the "Certification of Interested Entities or Persons" required by Civil Local Rule 3-15. In addition, each party must restate in the case management statement the contents of its certification by identifying any persons, firms, partnerships, corporations (including parent corporations) or other entities known by the party to have either: (i) a financial interest in the subject matter in controversy or in a party to the proceeding; or (ii) any other kind of interest that could be substantially affected by the outcome of the proceeding. In any proposed class, collective, or representative action, the required disclosure includes any person or entity that is funding the prosecution of any claim or counterclaim.

Applies to

Joint case management statement

Joint Case Management Statement must confirm that all attorneys have reviewed the Guidelines for Professional Conduct.

Whether all attorneys of record for the parties have reviewed the Guidelines for Professional Conduct for the Northern District of California.

Applies to

Brief

Incorporation by reference of prior case arguments is prohibited.

Parties shall never incorporate by reference prior argument submitted in the case.

Applies to

Case management statement

Joint case management statements must follow the format specified in the CAND CMC Order.

The format shall follow the Standing Order for All Judges of the Northern District of California re: Contents of Joint Case Management Statement (“CAND CMC Order”) found on the Court’s website at cand.uscourts.gov/ygr.

Applies to

Proposed order

Proposed orders must include relief sought, rationale statement, citations to authority, and record evidence citations where applicable.

Each party filing or opposing any motion shall also serve a proposed order that sets forth the relief or action sought and a short statement of the rationale of the decision, including citation of authority that the party requests the Court to adopt, and citations to the record evidence where applicable.

Applies to

Stipulated protective order

Stipulated protective orders must include specified language regarding designation dispute resolution procedures.

Parties submitting proposed forms of stipulated protective order shall include the following language with respect to resolution of designation disputes: [6.3 Judicial Intervention.] If the Parties cannot resolve a challenge without court intervention, the parties shall follow the Court’s Standing Order in Civil Cases regarding Discovery and Discovery Motions. The parties may file a joint letter brief regarding retaining confidentiality within 21 days of the initial notice of challenge or within 14 days of the parties agreeing that the meet and confer process will not resolve their dispute, whichever is earlier. Failure by a Designating Party to file such discovery dispute letter within the applicable 21- or 14-day period (set forth above) with the Court shall automatically waive the confidentiality designation for each challenged designation. If, after submitting a joint letter brief, the Court allows that a motion may be filed, any such motion must be accompanied by a competent declaration affirming that the movant has complied with the meet and confer requirements imposed in the preceding

Applies to

Discovery motion

Must include

certificate of conference

Discovery motions filed after court approval following a joint letter brief must include a declaration affirming meet and confer compliance.

If, after submitting a joint letter brief, the Court allows that a motion may be filed, any such motion must be accompanied by a competent declaration affirming that the movant has complied with the meet and confer requirements imposed in the preceding

Applies to

Motion to challenge confidentiality designation

Must include

certificate of conference

Motions challenging confidentiality designations must be accompanied by a declaration affirming compliance with meet and confer requirements.

If, after submitting a joint letter brief, the Court allows that a motion may be filed, any motion brought pursuant to this provision must be accompanied by a competent declaration affirming that the movant has complied with the meet and confer requirements imposed by the preceding paragraph.

Applies to

Separate statement

Separate statements must be signed by lead counsel or unrepresented party with attestation about evidence.

Responsive Separate Statement each must be signed by lead counsel (or by the party, if unrepresented by counsel) who has reviewed the document and can attest as follows: "I attest that the evidence cited herein fairly and accurately supports [or disputes] the facts as asserted."

Applies to

Deposition transcript

Only relevant, highlighted excerpts of deposition transcripts may be filed, not complete transcripts.

The parties shall not file complete deposition transcripts with the Court. The parties shall instead file only the relevant, highlighted excerpts from those transcripts.

Applies to

Motion for summary judgment

Must include

local rule certificate

Pro se parties bringing summary judgment motions in employment actions must certify compliance with General Order 71.

A party bringing a motion for summary judgment in a pro se employment action must certify compliance with General Order 71 within the motion for summary judgment.

Applies to

Expert report

Must include

table of contents

Expert reports must have numbered paragraphs, table of contents, and list/number each opinion with executive summary.

All expert reports shall number each paragraph to facilitate any motion practice challenging the specifics of any opinions and shall include a table of contents. At the beginning of the report, the expert shall list and number each opinion to be proffered in the report and, if applicable, provide an executive opinion of each.

Applies to

Temporary sealing motion

Temporary Sealing Motion must state reasons for sealing will be addressed in a forthcoming omnibus motion and include a chart with attachment details and confidentiality ownership.

The Temporary Sealing Motion itself shall: 1. State that the reasons for sealing will be addressed in a forthcoming omnibus motion. 2. Include a chart identifying: a. Each attachment by docket number and content (e.g., Dkt. No. 101-3, Exhibit A to Motion for Relief, Sealed). b. Whether the sealed contents contains the filing party’s confidential information or another party’s confidential information.

Applies to

Daubert motion

Daubert motions must specify the paragraphs or portions of the report the party seeks to exclude; weight and credibility issues are not proper grounds for Daubert motions.

Daubert motions must clearly specify the paragraphs or portions of the report that the party seeks to exclude. Parties are reminded that issues going to the weight and credibility to be given to a report are not proper bases to bring a Daubert motion.

Applies to

Omnibus sealing stipulation

Must include

proposed order

Omnibus sealing stipulations must include a chart grouping documents by requested sealing action, with specified identifying and basis information, a separate PHI/PII entry, and only one stipulation is required for all Daubert motions or cross-motions; a proposed order must accompany the stipulation.

The omnibus sealing stipulation shall include: A chart listing all documents requested to be sealed. The chart shall identify: each document by a consistent identifier (e.g., Bates number) as well as by the docket entry at which it has been filed under seal; the documents shall be organized, or grouped, by the action requested. For example, undisputed requests to maintain a document under seal or undisputed requests to modify redactions shall be grouped together. If a document is subject to multiple requested actions (e.g., it contains both undisputed redactions and disputed redactions), it should receive entries in each section as appropriate; if the request is undisputed, the basis for sealing; whether a party has previously sought to seal the document or any information in the document; whether it was sealed; and the docket location of the order addressing the request. To the extent that the parties agree to seal PHI or PII, the parties must provide in the chart a statement identifying the types of information that the parties consider PHI or PII (including telephone numbers, addresses, health records) in a separate entry so that the Court may order that information sealed. All Daubert motions shall be treated as one motion for purposes of this section. This means that though there may be numerous Daubert motions, parties shall file one Omnibus Sealing Stipulation and one set of Omnibus Sealing Motions, as described in this section. Similarly, cross-motions shall be treated as one motion.

Applies to

Declaration sealing

Declarations supporting requests to seal must be filed with the omnibus sealing stipulation within 14 days of briefing conclusion.

Declarations supporting requests to seal.

Applies to

Unsealed document

Refiled unsealed documents must be attached to a joint stipulation including a chart identifying corresponding docket entries.

Those documents shall be attached to a joint stipulation which includes a chart that identifies the docket entries to which each document corresponds.

Applies to

Amended complaint or motion seeking leave to amend

Parties must submit a redline comparison with the operative pleading to ygrpo@cand.uscourts.gov upon filing amended complaints or motions to amend, unless they are self-represented.

In connection with all amended complaints and motions seeking leave to amend pleadings, parties shall submit a redline comparison with the operative pleading to ygrpo@cand.uscourts.gov upon filing of the amended complaint or motion seeking leave to amend. This requirement does not apply to self-represented parties.

Applies to

Securities complaint

In securities cases, plaintiffs must file a chart summarizing required information under 15 U.S.C. § 78u-4(b)(1) and (2) within 14 days of service of the complaint, adhering to specified content and format requirements.

Within 14 days of service of the complaint (or consolidated complaint), the plaintiff shall file a chart summarizing the information required by 15 U.S.C. § 78u-4(b)(1) and (2), specifically identifying the allegations in the operative complaint as follows: (a) the statement or omission; (b) when and where the statement was made; (c) the reason(s) the statement was false or misleading when made; and (d) the facts alleged to show that defendant(s) knew the statement false and/or misleading. The chart should clearly identify which statements or omissions are attributable to which defendants and, for each such defendant, the facts alleged which give rise to a strong inference that the defendant acted with the required state of mind at the relevant time. The chart must strictly adhere to the allegations in operative complaint and may not include any new or supplemental information or explanation. The chart should be organized in the following format: [Statement No., Speaker(s), Date(s), Medium, False and Misleading Statements, Reasons Statements Were False and Misleading When Made, Facts Giving Rise to a Strong Inference of Scienter]

Applies to

Notice of settlement

Notices of settlement must be signed by all parties to the settlement, with electronically filed notices signed per Civil Local Rule 5-1(i) including filer's attestation if applicable.

Any notice of settlement sent to the Court must be signed by all parties to the settlement. Electronically filed notices shall be signed pursuant to Civil Local Rule 5-1(i), including, if applicable, a filer’s attestation as provided by Civil Local Rule 5-1(i)(3).

Applies to

Motion

Must include

specific language

Motions and oppositions must identify applicable 18 U.S.C. § 3161 exclusions and calculate excludable time.

The party filing any motion or opposition shall show which of the exclusions under 18 U.S.C. § 3161 may be applicable to the action sought or opposed, and his or her calculation of the amount of excludable time.

Applies to

Motion in limine

Must include

proposed order

Unresolved motions in limine must be filed with a joint chambers copy and a proposed order summarizing each motion and requested relief.

The parties shall jointly submit a chambers copy organized with each motion and the respective opposition. The proponent of a motion shall also submit a comprehensive proposed order summarizing each of his or her own motions and the requested relief.

Applies to

Pretrial order

Must include

proposed order

The government must serve and file a proposed jury verdict form, witness list with summaries, exhibit list, and trial memorandum.

The government shall serve and file: (1) a proposed jury verdict form; (2) a list of all witnesses who may be called, together with a brief summary of the testimony of each; (3) an exhibit list; and (4) a trial memorandum briefly stating the legal bases for the charges and the anticipated evidence, and addressing any evidentiary, procedural or other anticipated legal issues.

Applies to

Jury instructions

Must include

table of contents

Joint proposed jury instructions with table of contents must be submitted at least 7 days before the pretrial conference.

Counsel shall jointly submit one set of additional proposed jury instructions, ordered in a logical sequence, together with a table of contents, using the Ninth Circuit Manual where possible, or Devitt and Blackmar or CALJIC, not less than seven (7) days prior to the pretrial conference.

Applies to

Opening statement

Opening statement visuals must be exchanged by the Wednesday before trial; objections filed by Thursday; parties available by phone on Friday.

Parties must meet and confer to exchange any visuals, graphics or exhibits to be used in opening statements. Unless otherwise agreed, the exchange must occur no later than the close of business on the Wednesday before trial. Any objections not resolved must be filed in writing by the Thursday before trial. The parties shall be available by telephone on the Friday before trial to discuss the issues raised with the Court.

Applies to

Summary judgment motion

Separate statements of undisputed facts will not be considered.

Separate statements of undisputed facts will not be considered by the Court.

Applies to

Complaint

Plaintiffs in federal securities fraud cases must attach a chart to their complaint detailing allegedly fraudulent statements or omissions.

Where a plaintiff files a federal securities fraud case, the plaintiff shall attach to its complaint a chart regarding any allegedly fraudulent/misleading statement(s) or omission(s). The following information should be provided on the chart.

Applies to

Motion for class certification

Motions for class certification must include a 'Manageability of the Class Action Trial' section and a proposed verdict form.

In any motion for class certification, plaintiffs’ counsel must include a section called “Manageability of the Class Action Trial” in which they explain precisely how the Court should handle any potentially individualized issues to ensure that they do not render the trial unmanageable. This section should generally include a discussion of jury instructions, especially in cases that involve subclasses, plaintiffs from multiple states, or law from multiple jurisdictions. In addition, to assist the Court in assessing any manageability concerns, plaintiffs’ counsel must file a proposed verdict form in connection with the motion for class certification.

Applies to

Motion

Must include

proposed order

Each motion or opposition must be accompanied by a proposed order filed simultaneously.

Each party filing or opposing a motion shall also serve a proposed order that sets forth the relief or action sought and a short statement of the rationale of decision. The proposed order should be filed at the same time as the motion or opposition.

Applies to

Motion in limine

Motions in limine must be numbered in order of importance.

Each party shall number its motions in limine in order of importance, the first being the most important.

Applies to

Jury instructions

Jury instructions must follow specified identification and support requirements for stipulated and disputed instructions.

If undisputed, an instruction shall be identified as “Stipulated Instruction No. ____ re ____________________,” with the blanks filled in as appropriate. Even if stipulated, the instruction shall be supported by citation. If disputed, each version of the instruction shall be inserted together, back to back, in their logical place in the overall sequence. A disputed instruction shall be identified as “Disputed Instruction No. ____ re ____________________ offered by __________,” with the blanks filled in as appropriate. All disputed versions of the same basic instruction shall bear the same number. If a party does not have a counter-version and simply contends that no such instruction in any version should be given, then that party should so state on a separate page inserted in lieu of an alternate version. Each party should support its version of a disputed instruction, and/or oppose the version offered by the opposing party, with a brief argument and citation to any relevant authority. The argument and citation should be provided immediately following the disputed instructions. The parties are encouraged to keep disputed instructions to a minimum.

Applies to

Verdict form

Parties must submit a joint proposed verdict form; if unable to agree, each party submits its own.

In a jury trial, the parties shall submit a joint proposed verdict form. If the parties are unable to stipulate to a verdict form, then each party or side shall submit a proposed verdict form.

Applies to

Proposed findings conclusions

In a bench trial, each party must submit proposed findings of fact and conclusions of law.

In a bench trial, each party or side shall submit proposed findings of fact and conclusions of law.

Applies to

Discovery letter brief

Must include

certificate of conference

The joint letter brief must attest that counsel with full authority met and conferred in person before filing; a telephonic meet and confer is permitted only with good cause.

Must attest that, prior to filing the request for relief, counsel with full and complete authority on discovery matters met and conferred in person. A telephone meet and confer is permitted only where there is good cause (e.g., plaintiff’s counsel is located on the West coast while defense counsel is located...

Applies to

Discovery response

A party responding to document requests must state in writing the full extent of production and, promptly after producing, confirm in writing that all materials located after a diligent search have been produced.

In responding to requests for production of documents, see Fed. R. Civ. P. 34, a party shall affirmatively state in a written response the full extent to which the party will produce materials. In addition, the party shall, promptly after the production, confirm in writing that the party has produced all such materials so described that have been located after a diligent search of all locations where such materials might plausibly be found.

Applies to

Joint case management statement

Must include

judge name, case number

Joint case management statement due 7 calendar days before case management conference unless court orders otherwise.

Parties are required to file a joint case management statement not less than seven calendar days before a scheduled case management conference, unless the Court sets a different deadline.

Applies to

Discovery letter brief

Must include

notice of electronic filing

Discovery letter briefs must be filed in specific ECF category.

The joint letter brief must be filed electronically in the Civil Events category of Motions and Related Filings > Motions – General > Discovery Letter Brief.

Applies to

Cross motion summary judgment

Final brief in cross-motions must be filed 21 days before hearing.

The fourth brief must be filed at least 21 days before the hearing date.

Applies to

Class action settlement

Must include

post distribution accounting

Court withholds 10-25% of attorney fees until post-distribution accounting filed.

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.

Applies to

Class action settlement

Must include

proposed order

Class counsel must file proposed order releasing withheld fees with post-distribution accounting.

Class counsel must file a proposed order releasing the remainder of the fees when they file their post-distribution accounting.

Applies to

Telephonic appearance request

Must include

stipulation and proposed order

Telephonic appearance requests require filing 7 days before scheduled appearance.

parties seeking to appear telephonically must file a stipulation and proposed order, or an administrative motion and proposed order if a stipulation is not possible, at least seven calendar days prior to the scheduled appearance.

Applies to

Proposed order

Must include

proposed order

Proposed orders must be submitted electronically in Word format to jstpo@cand.uscourts.gov.

Electronic copies of proposed orders must be sent in Word format to jstpo@cand.uscourts.gov.

Applies to

Joint pretrial statement

Must include

joint pretrial statement

Joint pretrial statement due 7 days before pretrial conference

Unless otherwise ordered, the parties must file and serve a joint pretrial statement no later than seven calendar days before the pretrial conference.

Applies to

Joint pretrial statement

Must include

witness list

Witnesses not disclosed in pretrial statement require court leave

No party will be permitted to call any witness in its case-in-chief who is not disclosed in its pretrial statement without leave of court.

Applies to

Disputed discovery responses

Must include

objections, grounds for objection, position of offering party

Disputed discovery responses must be separately filed with objections

Counsel must separately file a document containing each disputed discovery response or deposition testimony excerpt, and as to each must state the objection to its admission, the grounds for the objection, and the position of the offering party.

Applies to

Exhibit

Must include

exhibit list

Exchange all exhibits and lists 21 days before final pretrial conference

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.

Applies to

Exhibit

Must include

certificate of conference

Meet and confer immediately after exhibit exchange to stipulate admissibility

Following the exchange, the parties must immediately meet and confer about the exhibits and any potential objections thereto, and must make a good faith effort to stipulate to exhibits' admissibility.

Applies to

Exhibit

Parties must use non-overlapping exhibit number ranges with room for additions

The parties must mark their exhibits using non-overlapping ranges of numbers, leaving enough unused numbers that additional exhibits can be marked during trial. For example, the parties might agree that the plaintiff will use numbers 001–199 and the defendant will use numbers 200–399.

Applies to

Exhibit

Must include

exhibit list

Deliver pre-marked exhibits in 3-ring binders to Clerk 7 days before trial

Unless otherwise ordered, at least seven calendar days prior to the commencement of the trial, the parties must deliver one set of all pre-marked exhibits in clearly labeled three-ring binders to the Clerk's office, marked for the attention of the courtroom deputy.

Applies to

Proposed findings conclusions

Proposed findings of fact and conclusions of law due 7 days before pretrial conference

At least seven calendar days prior to the pretrial conference, each party must serve and file with the Court proposed findings of fact and conclusions of law on all material issues.

Applies to

Proposed findings conclusions

Proposed findings must be brief, plain English, and free of pejorative language

The proposed findings must be brief, written in plain English, and be free of pejorative language, conclusions, or argument.

Applies to

Proposed findings conclusions

Conclusions of law must include citations to legal authority

Conclusions of law must be supported by appropriate citation to legal authority.

Applies to

Witness list

Parties must notify other parties of next day's witnesses by end 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.

Applies to

Witness examination

Counsel cannot consult witness during cross-examination about prior testimony

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,

Applies to

Joint case management statement

Must include

judge name, case number

Joint case management statement required 7 days before case management conference.

Parties are required to file a joint case management statement not less than seven calendar days before a scheduled case management conference, unless the Court sets a different deadline.

Applies to

Joint case management statement

Must include

judge name, case number

Parties must preserve relevant information and suspend document destruction programs.

Parties must take the steps needed to preserve information relevant to the issues in the litigation, including suspending document-destruction programs that, if not suspended, could result in evidence spoliation.

Applies to

Joint case management statement

Must include

judge name, case number

Depositions of fact witnesses must be noticed 30 days before close of fact discovery.

Depositions of fact witnesses must be noticed at least 30 days before the close of fact discovery.

Applies to

Discovery letter brief

Must include

notice of electronic filing

Discovery letter briefs must be filed in specific ECF category.

The joint letter brief must be filed electronically in the Civil Events category of Motions and Related Filings > Motions – General > Discovery Letter Brief.

Applies to

Reply brief

Fourth brief in cross-motions must be filed 21 days before hearing.

The fourth brief must be filed at least 21 days before the hearing date.

Applies to

Post distribution accounting

Post-distribution accounting required within 21 days of settlement distribution.

The Court will require a post-distribution accounting within 21 days after the distribution of settlement funds.

Applies to

Final approval motion

Court withholds 10-25% of attorney fees until post-distribution accounting filed.

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.

Applies to

Telephonic appearance request

Telephonic appearance requests require 7-day advance filing of stipulation or motion.

parties seeking to appear telephonically must file a stipulation and proposed order, or an administrative motion and proposed order if a stipulation is not possible, at least seven calendar days prior to the scheduled appearance.

Applies to

Telephonic appearance request

Telephonic appearance requests for CMC must wait until case management statement filed.

If a case management statement is required, parties may not file a request to appear telephonically at a case management conference until after the case management statement has been filed.

Applies to

Proposed order

Must include

proposed order

Format

WORD

Proposed orders must be emailed in Word format to jstpo@cand.uscourts.gov.

Electronic copies of proposed orders must be sent in Word format to jstpo@cand.uscourts.gov.

Applies to

Joint pretrial statement

Joint pretrial statement must contain 15 specified items covering parties, claims, relief, facts, witnesses, exhibits, legal issues, and trial logistics.

The statement must contain the following information: 1. Substance of the Action. A brief description of the parties, the substance of claims and defenses that remain to be decided, and the operative pleadings. 2. Relief Requested. A detailed statement of all requested relief, including an itemization of all elements of damages claimed. 3. Undisputed Facts. A plain and concise statement of all relevant facts to which the parties will stipulate for incorporation into the trial record without supporting testimony or exhibits. The parties must exercise good faith in stipulating to facts that are not reasonably disputable. 4. Disputed Factual Issues. A plain and concise list of the issues of fact that are contested and remain to be litigated at trial. 5. Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts. 6. Stipulations. A statement of proposed stipulations or agreements that will expedite the presentation of evidence. 7. Witnesses to be Called. A list of all witnesses likely to be called at trial other than solely for impeachment or rebuttal, and a brief statement following each name describing the substance of the testimony to be given. No party will be permitted to call any witness in its case-in-chief who is not disclosed in its pretrial statement without leave of court. 8. Exhibits, Schedules, and Summaries. A list of all documents or other items to be offered as exhibits at trial, other than solely for impeachment or rebuttal, and a brief statement following each that describes: (1) its substance or purpose; (2) the identity of the sponsoring witness; and (3) whether the parties have stipulated to its admissibility and, if they have not, the objection to its admission, the grounds for the objection, and the position of the offering party. 9. Disputed Legal Issues. Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions. 10. Pending Motions or Matters. A statement of any motions or other matters that must be resolved prior to trial. 11. Bifurcation or Separate Trial of Issues. A statement of whether either party requests bifurcation or a separate trial of specific issues and why. 12. Use of Discovery Responses. Citations to all evidence that a party might introduce at trial, other than that to be used solely for impeachment or rebuttal, that was obtained from deposition testimony, interrogatory responses, or responses to requests for admission. Counsel must state any objections to the use of these materials and must certify that they have conferred regarding such objections. Counsel must separately file a document containing each disputed discovery response or deposition testimony excerpt, and as to each must state the objection to its admission, the grounds for the objection, and the position of the offering party. 13. Estimate of Trial Time. An estimate of the number of hours or days needed for the trial. 14. Settlement Discussion. A brief summary of the status of settlement negotiations, without indicating specific dollar amounts, and an indication of whether further negotiations are likely to be productive and what, if anything, would facilitate settlement. 15. Miscellaneous. Any other matters that will facilitate the just, speedy, and efficient resolution of the action.

Applies to

Joint pretrial statement

Joint pretrial statement must include specific language above signature lines.

The joint pretrial statement described above must include the following language directly above the signature lines: The foregoing admissions having been made by the parties, and the parties having specified the foregoing issues of fact and law remaining to be litigated, this order will supplement the pleadings and govern the course of trial of this case, unless modified by the Court to prevent manifest injustice.

Applies to

Administrative motion to seal

Administrative motions to seal must include statements of compliance with this order and Civil Local Rule 79-5.

In addition to the information required by Civil Local Rule 79-5, administrative motions to file materials under seal must contain the following information: 1. A statement that the filing party has reviewed and complied with this order. 2. A statement that the filing party has reviewed and complied with Civil Local Rule 79-5, including the requirement to file separate motions if a party seeks to file under seal a document containing “portions that more than one party bears the burden of showing is sealable.” Civil L.R. 79-5(f)(5).

Applies to

Motion to seal

Motion or statement in support of sealing must identify legal standard, explain its applicability, and articulate with evidentiary support why materials satisfy that standard.

The motion or statement in support of sealing must identify the applicable legal standard (i.e., compelling reasons or good cause), explain why that standard applies, and articulate, with evidentiary support where necessary, why the materials to be sealed satisfy that standard.

Applies to

Revised sealing filing

If a Designating Party seeks less extensive sealing, they must file revised redacted and unredacted versions and a revised proposed order.

If a Designating Party seeks less extensive sealing than a motion filed under Civil Local Rule 79-5(f), that party must file revised redacted and unredacted versions of the documents sought to be sealed, as well as a revised proposed order.

Applies to

Unredacted version

Unredacted versions of documents partially sealed must highlight the portions for which sealing is sought.

Unredacted versions of all documents sought to be partially filed under seal “must highlight the portions for which sealing is sought.” Civil L.R. 79-5(e)(2).

Applies to

Proposed order

Proposed orders must identify legal standard, be narrowly tailored, list in table format each document/portion, and include a column for the Court's ruling.

Proposed orders must identify the appropriate legal standard, be “narrowly tailored to seal only the sealable material,” and “list[] in table format each document or portion thereof that is sought to be sealed.” Civil L.R. 79-5(c)(3). Tables must include a column for the Court’s ruling as to each document.

Applies to

Appearance list

Must include

notice of appearance

List of counsel must be emailed at least 2 court days before proceeding.

The list shall be emailed at least two (2) court days in advance of the scheduled proceeding.

Applies to

Daubert motion

Must include

specific paragraphs specified

Daubert motions must specify exact paragraphs to exclude.

Daubert motions must clearly specify the paragraphs or portions of the report that the party seeks to exclude.

Applies to

Expert report

Must include

written report

All expert witnesses must provide written reports under Rule 26(a)(2)(B).

All witnesses who will provide expert testimony under Federal Rule of Evidence 702, 703, or 705, whether retained or non-retained, must be disclosed and must provide written reports in compliance with Federal Rule of Civil Procedure 26(a)(2)(B).

Applies to

Expert report

Expert reports must number paragraphs and include table of contents.

All expert reports shall number each paragraph to facilitate any motion practice challenging the specifics of any opinions and shall include a table of contents.

Applies to

Expert report

Expert reports must list each opinion to be proffered.

The reports shall list each opinion to be proffered and provide an executive opinion of each.

Applies to

Expert report

Must include

relied upon materials produced, relied upon materials identified

Expert reports must identify and produce all relied-upon written materials.

At the time of disclosure of a written report, the disclosing party must identify all written materials upon which the expert relies in that report and produce those materials if they have not done so previously.

Applies to

Expert disclosure

Must include

technical expert witnesses identified

Percipient witnesses with expert-level technical expertise must be identified by expert disclosure deadline.

Any percipient witness who may also testify at trial with technical expertise akin to an independent expert shall be identified by name no later than the date of expert disclosures to allow for deposition, if necessary.

Applies to

Summary judgment motion

Must include

highlighted lines

Parties must highlight specific lines relied upon in summary judgment motions.

Parties shall underline, highlight, or otherwise (e.g., by hyperlink) specific lines of the documents and transcripts upon which they rely in support of or in opposition to a motion.

Applies to

Amended pleading

Must include

redlined version

Amended pleadings require concurrent redlined/highlighted comparison version.

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.

Applies to

Exhibit

Must include

separate ecf filing, sequential numbering

Exhibits must be separately filed on ECF with sequential numbering.

All exhibits to motions and/or discovery dispute joint statements should be separately filed on ECF. For example, if the motion is Docket No. 30, and the declaration with 10 exhibits is Docket No. 31, Exhibit A would be filed as Docket No. 31-1, Exhibit B would be Docket No. 31-2, and so on.

Applies to

Any submission

Must include

ai content verification

AI tools not prohibited but counsel must personally verify accuracy.

Use of ChatGPT or other such tools is not prohibited, but counsel must at all times personally confirm for themselves the accuracy of any content generated by these tools.

Applies to

Any submission

Must include

ai verification certification

AI-generated content requires certification of personal verification by lead trial counsel.

Any submission containing AI-generated content must include a certification that lead trial counsel has personally verified the content's accuracy.

Applies to

Discovery

Must include

fr cp compliance

Parties must comply with 2015 FRCP amendments, particularly Rule 1 directive and Rule 26(b)(1) proportionality.

Parties should be mindful of the December 1, 2015 amendments to the Federal Rules of Civil Procedure, and in particular, the directive in Rule 1 that the Rules 'should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding,' and the proportionality requirements for discovery under Rule 26(b)(1).

Applies to

Discovery letter brief

Must include

notice of electronic filing

Discovery statements must be e-filed under specific Civil Events category.

The joint statement or individual statements shall be e-filed (unless the case is exempt from e-filing requirements). Whether joint or individual, the statement must be filed under the Civil Events category of “Motions and Related Filings > Motions – General > Discovery Letter Brief.”

Applies to

Privilege log

Must include

certificate of service

Privilege logs must be produced within 14 days of disclosures or discovery responses.

If a party withholds material as privileged under Federal Rule 26(b)(5) or 45(d)(2)(A), it must produce a privilege log as quickly as possible, but no later than fourteen days after its disclosures or discovery responses are due, unless the parties stipulate to or the Court sets another date.

Applies to

Privilege log

Must include

caption, judge name, case number

Privilege logs must include specific required elements.

Privilege logs must contain the following: (a) the subject matter or general nature of the document (without disclosing its contents); (b) the identity and position of its author; (c) the date it was communicated; (d) the identity and position of all addressees and recipients of the communication; (e) the document’s present location; and (f) the specific privilege and a brief summary of any supporting facts.

Applies to

Securities appendix

Must include

caption, judge name, case number

Securities cases require 14-day appendix with specific allegations.

Within 14 days of service of the complaint (or consolidated complaint), the plaintiff shall file an appendix summarizing the information required by 15 U.S.C. § 78u-4(b)(1) and (2), specifically identifying the allegations in the operative complaint as follows: (a) each statement alleged to have been false or misleading; (b) the speaker, date, and medium by which the statement was made; (c) the reason(s) the statement was false or misleading when made; and (d) the facts alleged to show that defendant(s) knew the statement false and/or misleading.

Applies to

Class action settlement motion

Must include

local rule certificate

Class action settlement motions must follow NDCA Procedural Guidance 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://www.cand.uscourts.gov/forms/procedural-guidance-for-class-action-settlements/, in the order the guidelines are presented on the website.

Applies to

Post distribution accounting

Must include

certificate of service

Post-distribution accounting required within 21 days, must address class member concerns.

As reflected in the Guidance, the Court will require a post-distribution accounting within 21 days after the final distribution of settlement funds. In addition to the information contained in the Guidance, the post-distribution accounting must discuss any significant or recurring concerns communicated by class members to the settlement administrator or counsel since final approval, any other issues in settlement administration since final approval, and how any concerns or issues were resolved.

Applies to

Opposition memorandum

Must include

memorandum of points and authorities

Failure to file opposition memo constitutes consent to motion.

The failure of a party to file a memorandum of points and authorities in opposition to any motion shall constitute consent to the granting of the motion.

Applies to

Plea agreement

Must include

plea agreement

Plea agreements must be emailed to chambers by 2:00 PM Monday before change of plea; open pleas require notification by same deadline.

If a plea is being entered pursuant to a plea agreement, government counsel shall email a copy of the plea agreement to the Judge Martínez-Olguín’s Courtroom Deputy at amocrd@cand.uscourts.gov by 2:00 p.m. the Monday before the change of plea setting. If there is to be an open plea, counsel for the defendant shall notify the Court by 2:00 pm the Monday before the change of plea setting.

Applies to

Transcript

Transcript requests must be arranged with Court Reporter Coordinator at least one week before trial.

If transcripts will be requested during or immediately after the trial, arrangements must be made with the Court Reporter Coordinator (Telephone No. 510-637-3534) at least one week prior to the commencement of the trial.

Applies to

Interpreter request

Interpreter requests must be made at least 30 days before trial if no certified court interpreter is available.

Counsel must notify the Court at least 30 days in advance of trial if any witness requires an interpreter and there is no certified court interpreter available to translate in the necessary language(s).

Applies to

Brief

Must include

objections to evidence

Objections to evidence must be contained within the objecting party's brief.

Objections to evidence shall comply with the Civil Local Rules, which require that objections be contained within the objecting party’s brief. See Civ. L.R. 7-3(a), (c).

Applies to

Motion for attorneys fees

Must include

hours chart

Attorney fee motions must include a chart summarizing hours expended on major tasks.

In addition to the motion, memorandum, and evidence, a party moving for attorneys’ fees must provide the Court with a chart, in the format set forth below, summarizing the hours expended on the major tasks in the case.

Applies to

Proposed order

Must include

proposed order

Proposed orders must be emailed in Word format on the same day of e-filing.

All proposed orders in e-filing cases shall be submitted in Word format by email to BLFpo@cand.uscourts.gov on the same day the proposed order is e-filed.

Applies to

Exhibit list

Must include

judge name, case number

Exhibit list and pre-marked exhibits required 7 days before final Pretrial Conference.

At least 7 days before the final Pretrial Conference, each party shall file an exhibit list and serve upon all other parties copies of all pre-marked exhibits.

Applies to

Joint pretrial statement

Must include

certificate of conference

Lead counsel must meet and confer at least 21 days before final Pretrial Conference on settlement, Joint Pretrial Statement, Rule 26(a)(3) materials, and contested issues.

At least 21 days before the final Pretrial Conference, lead counsel who will try the case shall meet and confer with respect to: (1) Settlement of the Case; (2) Preparation of the Joint Pretrial Statement and Order; (3) Preparation and exchange of pretrial materials to be filed pursuant to Federal Rule of Civil Procedure 26(a)(3); and (4) Clarification and narrowing of the contested issues for trial.

Applies to

Joint pretrial statement

Must include

certificate of service

Joint Pretrial Statement and Order must be filed at least 14 days before final Pretrial Conference.

At least 14 days before the final Pretrial Conference, unless otherwise ordered, the parties shall file a Joint Pretrial Statement and Order containing the following information:

Applies to

Joint pretrial statement

Joint Pretrial Statement and Order must include specific binding language above signature lines.

The Joint Pretrial Statement and Order shall recite, directly above the signature lines of the parties, the following: The foregoing admissions having been made by the parties, and the parties having specified the foregoing issues of fact and law remaining to be litigated, this order shall supplement the pleadings and govern the course of trial of this action, unless modified to prevent manifest injustice.

Applies to

Joint pretrial statement

Must include

judge name, case number

Joint Pretrial Statement required 7 days before final Pretrial Conference.

At least 7 days before the final Pretrial Conference, unless otherwise ordered, the parties shall file a Joint Pretrial Statement addressing all items listed in Criminal Local Rule 17.1-1(b).

Applies to

Jury materials

Must include

judge name, case number

Jury materials must be filed 7 days before final Pretrial Conference in hard copy and word processing format via email.

At least 7 days before the final Pretrial Conference, the parties shall file and serve the following materials. All jury materials must be submitted in hard copy and in word processing format via e-mail to BLFpo@cand.uscourts.gov.

Applies to

Witness list

Must include

judge name, case number

Witness list with testimony summaries required 7 days before final Pretrial Conference.

At least 7 days before the final Pretrial Conference, the parties shall file a witness list that includes a brief summary of the testimony of each witness.

Applies to

Motion in limine

Each side is limited to 5 motions in limine total.

Each side is limited to 5 motions in limine.

Applies to

Joint pretrial statement and order

Parties must file a Joint Pretrial Statement and Order at least 14 days before the final Pretrial Conference, containing specified information including parties, claims, relief, jurisdiction, facts, legal issues, trial estimate, settlement status, and binding effect language.

At least 14 days before the final Pretrial Conference, unless otherwise ordered, the parties shall file a Joint Pretrial Statement and Order containing the following information:

Applies to

Pretrial order

The Joint Pretrial Statement and Order must include a witness appendix listing all witnesses, substance of testimony, length estimate, and for experts, theories, conclusions, CV, and report.

The following information shall be provided as an appendix to the Joint Pretrial Statement and Order. For each party, a list of all witnesses likely to be called at trial, including those appearing by deposition. For each witness, there should be a short statement of the substance of his or her testimony and an estimate regarding the length of testimony (including direct and cross-examination). If the witness is an expert witness, please state the expert's theories and conclusions and the bases therefor. Attach the expert's curriculum vitae and report (if any).

Applies to

Pretrial order

The Joint Pretrial Statement and Order must include a joint exhibit list in tabular form with specific columns; parties must meet and confer in person before filing.

The following information shall be provided as an appendix to the Joint Pretrial Statement and Order. A joint list of exhibits, discovery responses, and deposition excerpts to be offered at trial, in tabular form with (a) a column identifying the exhibit number consistent with the pre-marking requirement below; (b) a column briefly describing the exhibit; (c) a column describing the purpose for which the exhibit is offered and identifying its sponsoring witness; (d) a column stating any objections to the exhibit; and (e) a column responding to the objections. The Court will not rule on these objections before trial and any remaining objections must be asserted at trial. Before this list is filed with the Court, counsel shall meet and confer, in person, to consider exhibit numbers, eliminate duplicate exhibits and confusion over exhibits, and make a good faith effort to stipulate to admissibility. If stipulation is not possible, the parties shall make every effort to stipulate to authenticity and foundation absent a legitimate (not tactical) objection.

Applies to

Continuance request

Must include

number of previous extensions

Continuance requests must specify previous extension history in the caption.

The caption of any request for a continuance or extension shall indicate how many previous extensions have been requested (e.g., “First Request for Extension”). The request must state whether the Court has granted those extensions and whether the Court has stated that no further extensions will be granted.

Applies to

Joint case management statement

Must include

compliance with local rule, compliance with standing order

Joint case management statement required 14 days before any case management conference.

Parties must prepare a joint case management statement fourteen (14) days prior to the date of any case management or status conference. The joint case management statement shall comply with the “Standing Order for All Judges of the Northern District of California – Contents of Joint Case Management Statement” and Civil Local Rule 16-9.

Applies to

Joint case management statement

Initial case management statement must include full litigation schedule with amendment and ADR deadlines.

In their joint case management statement for the initial case management conference, the parties must propose a full litigation schedule, including a proposed last day to amend pleadings as well as a deadline to complete ADR, regardless of whether they have received a ruling on any motion to dismiss.

Applies to

Conference request

Must include

identified issues, explanation of basis, detail of meet and confer efforts

Conference requests must identify issues, explain basis, and detail meet-and-confer efforts.

If any party believes a conference is needed, the party shall identify the issue(s) that require the Court’s attention, explain the basis for the request, and detail the efforts that the parties have made to address or resolve the issue.

Applies to

Motion

Must include

proposed order

Each motion must include a proposed order complying with applicable local rules.

Each motion shall be accompanied by a proposed order pursuant to Civil Local Rule 7-2(c). Each proposed order shall comply with any applicable Civil Local Rule. See, e.g., Civil L.R. 6-3 (proposed orders to change time), 7-11 (proposed orders for administrative relief), 16-9 (proposed case management orders), 65-1 (proposed temporary restraining orders), 72-2 (proposed orders for relief from a non-dispositive Magistrate Judge order), 79-5 (proposed orders to seal documents).

Applies to

Proposed order

Proposed orders must be filed as PDF on ECF; Word copy required for sealing, patent claim construction, or TRO/injunction motions.

All proposed orders should be filed in PDF form on ECF. In addition, the moving party should submit a Microsoft Word chambers copy only if the proposed order relates to: (1) a sealing motion; (2) a claim construction proceeding in a patent case; or (3) a motion for a temporary restraining order or preliminary injunction. The Word version chambers copy should be sent to eklpo@cand.uscourts.gov.

Applies to

All

Must include

certificate section

All citations and factual statements must be completely accurate; misrepresentations may result in sanctions.

All case citations and factual statements must be completely accurate. A citation to a case, statute, or other authority is counsel's representation to the Court that the authority stands for the proposition asserted and is good law. A quotation of a case or other authority is counsel's representation that the quoted language is complete and present in the authority cited. Counsel must ensure that the use of ellipses or elisions in quotes does not mislead the Court or misrepresent the substance of the holding or other authority. Counsel's representations of facts are subject to the same requirements of completeness and accuracy. Misrepresentations of law or fact, however subtle, may result in sanctions and a referral to the District's Standing Committee on Professional Conduct.

Applies to

All

Must include

ai disclosure

AI-generated content submissions require certification of accuracy by lead trial counsel.

Any submission containing AI-generated content must include a certification that lead trial counsel has personally verified the content’s accuracy.

Applies to

All

Must include

ai disclosure

Non-compliance with AI disclosure certification may result in sanctions.

Failure to include this certification or comply with this verification requirement will be grounds for sanctions.

Applies to

Brief

Fourth summary judgment brief must be filed at least 28 days before hearing.

The fourth brief must be filed at least 28 days before the hearing date.

Applies to

Separate statement

Must include

signature, attestation

Separate statements must be signed with attestation that evidence fairly and accurately supports or disputes facts.

Each separate statement 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.

Applies to

Separate statement

Separate statements must not include argument or circumvent page limits.

The separate statements shall not include argument in support of the summary judgment motion and shall not be used to circumvent the page limits that apply to summary judgment briefing.

Applies to

Separate statement

Separate statements should only include facts cited in the summary judgment briefs.

Parties should include only those facts that are actually cited in the briefs. Facts that are not cited in the summary judgment briefs will not be considered.

Applies to

Brief

Objections to evidence must be contained within the brief, not filed separately.

Objections to evidence shall be contained within the objecting party’s brief and shall not be filed as a separate pleading.

Applies to

Discovery

Must include

follow magistrate procedures

Discovery will be referred to magistrate judge; parties must follow magistrate judge's procedures.

Discovery in almost all cases will be referred to a magistrate judge. The parties must follow the magistrate judge’s procedures.

Applies to

Discovery dispute

Must include

meet and confer in person or videoconference

Discovery disputes require in-person or videoconference meet and confer; letters/emails/calls insufficient.

Upon the development of an impasse with respect to discovery, the parties must first meet and confer; that is, counsel for each party shall meet and confer in person or via videoconference to attempt to resolve their dispute informally. A mere exchange of letters, emails, or telephone calls does not satisfy the meet and confer requirement.

Applies to

Protective order

Must include

identify deviations, indicate model order basis, provide redlined comparison

Protective order filings must indicate if based on model orders and identify deviations with redlined comparison.

When filing a proposed protective order, at the very beginning of their stipulation or motion, parties must indicate whether they have based their proposed order on one of the Northern District’s model orders. If they have, they must identify any deviations from the model order by submitting as an exhibit a redlined or highlighted comparison of their proposed order and the model order.

Applies to

Motion

Must include

local rule certificate

Class settlement motions must comply with Northern District's Procedural Guidance.

In connection with motions for approval of class settlements, the parties shall comply with the requirements set forth in the Northern District’s Procedural Guidance for Class Action Settlements, available at https://www.cand.uscourts.gov/forms/procedural-guidance-for-class-action-settlements/. In addition, the following shall apply.

Applies to

Preliminary approval documents

Must include

notice of electronic filing

Preliminary approval documents must be sent in Word format to specific email.

The proposed notices, claims forms, and other documents associated with preliminary approval should be sent in Microsoft Word format to eklpo@cand.uscourts.gov.

Applies to

Motion

Motion must discuss appropriateness of electronic notice methods.

The motion must discuss whether notice by email and/or social media, use of online claims and opt-out forms, and a website for the settlement are appropriate, and if not, explain why not.

Applies to

Motion

Money settlement motions must discuss redistribution of unclaimed funds.

In a proposed settlement involving the distribution of money to a class, the motion must discuss whether unclaimed funds should be redistributed to class members who claimed their share, and if not, explain why not.

Applies to

Motion

Claim-based settlements require motion to explain why claims are necessary.

If the settlement requires class members to file claims, as opposed to simply receiving checks, the motion must address why that is appropriate.

Applies to

Motion

Must include

proposed order

Fee motion must be filed at least 35 days before objection deadline.

In proposing a schedule for final approval of a class settlement, the parties must ensure that the motion for attorneys’ fees is filed at least 35 days before the deadline for objecting to the settlement.

Applies to

Proposed order

Must include

proposed order

Final approval order must list all settlement administration dates.

The proposed order granting final approval should list all dates relating to the administration of the settlement, including the dates for when the checks distributing the judgment separately from their proposed order granting final approval.

Applies to

Post distribution accounting

Must include

local rule certificate

Post-Distribution Accounting required within 21 days of fund distribution.

Within 21 days after the settlement funds have been fully distributed to class members (but before distribution to cy pres recipients), class counsel will be required to file a Post-Distribution Accounting, as described in the Northern District’s Procedural Guidance for Class Action Settlements.

Applies to

Post distribution accounting

Post-Distribution Accounting must discuss class member concerns and issues.

In addition to the information contained in the Guidance, the Post-Distribution Accounting must discuss any significant or recurring concerns communicated by class members to the settlement administrator or counsel since final approval, any other issues in settlement administration since final approval, and how any concerns or issues were resolved.

Applies to

Proposed order

Must include

proposed order

Final approval order must specify fee withholding percentage.

The proposed order granting final approval should specify what percentage class counsel believes it is appropriate to withhold.

Applies to

Post distribution accounting

Must include

proposed order

Post-Distribution Accounting must include proposed order releasing remaining fees.

With the Post-Distribution Accounting, class counsel should submit a proposed order releasing the remainder of the fees.

Applies to

Guilty plea application

Must include

judge name, case number

Defendant counsel must notify court and complete guilty plea form 3 court days before open plea.

If there is to be an open plea, counsel for the defendant shall notify the Court no later than noon three (3) court days before the plea is to be entered. Counsel shall review and complete the Application to Enter Guilty Plea & Order form (https://cand.uscourts.gov/forms/criminal-forms/), presenting the government with a copy of the completed application.

Applies to

Sealing motion

Must include

proposed order

Sealing motions require proposed order in Word format listing sealable material.

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). Proposed orders should be sent in Microsoft Word format to eklpo@cand.uscourts.gov.

Applies to

General

Must include

local rule certificate

Parties must follow FRCP, Local Rules, and General Orders except as superseded by this standing order.

1. Parties and counsel shall follow the Federal Rules of Civil Procedure, the Civil Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court's standing orders.

Applies to

Standing order

Must include

certificate of service

Plaintiff/removing defendant must serve standing order on all parties and file certificate of service.

2. Plaintiff (or in the case of removed cases, any removing defendant) shall promptly serve copies of this standing order upon all parties to the action, and upon those subsequently joined, in accordance with the provisions of Federal Rules of Civil Procedure 4 and 5. Following service, the responsible party shall file a certificate of service with the Clerk of this Court.

Applies to

Case management statement

Must include

joint filing

Joint case management statement required 7 days before conference; separate allowed for pro se cases.

12. The parties must file a joint case management statement addressing those items required by the Standing Order for all Judges of the Northern District of California. Parties shall file their joint statement not less than seven calendar days prior to the case management conference. In cases involving pro se litigants, the parties may file separate case management statements.

Applies to

Stipulation and proposed order

Must include

adr process

Stipulation and Proposed Order for ADR must be filed 7 days before case management conference.

13. Consistent with Local Rule 16-8(c) and Alternative Dispute Resolution (“ADR”) Local Rule 3-5(b), at least seven calendar days prior to the case management conference, the parties shall also file the Stipulation and Proposed Order form, which identifies the ADR process that the parties have selected and a proposed deadline by which the parties will conduct the ADR

Applies to

Proposed order

Must include

proposed order

Proposed orders must be emailed in Word format on same day as e-filing.

Proposed orders shall be submitted in Word format by email to HSGpo@cand.uscourts.gov on the same day the proposed order is e-filed.

Applies to

Joint case management status report

Must include

joint report

Joint case management status report required after claim construction ruling.

Upon issuance of the claim construction ruling, the Court will also set a date for the filing of a further joint case management status report.

Applies to

Plea agreement

Must include

notice of electronic filing

Government must email plea agreement to HSGcrd@cand.uscourts.gov by 2:00 p.m. Friday before plea.

6. If a plea is being entered pursuant to a plea agreement, counsel for the government shall email a copy of the plea agreement to the Court (with all counsel cc'd) to HSGcrd@cand.uscourts.gov by 2:00 p.m. the Friday before the plea is to be entered. If there is to open plea is to be entered.

Applies to

General

Must include

local rule certificate

Parties must follow federal criminal rules, local rules, and general orders except where superseded by this standing order.

1. Parties and counsel shall follow the Federal Rules of Criminal Procedure, the Criminal Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court's standing orders.

Applies to

General

Must include

local rule certificate

Parties must follow FRCP, Patent Local Rules, and General Orders except where superseded by this standing order.

Parties and counsel shall follow the Federal Rules of Civil Procedure, the Patent Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court's standing orders.

Applies to

Joint claim construction statement

Joint claim construction statement must be truly joint with disputed terms designated and side-by-side constructions.

The initial joint claim construction statement required by Patent Local Rule 4-3 must be truly joint. Disputed terms, phrases, and clauses must be designated as disputed. All other terms will be presumed to be undisputed. For any term in dispute, the parties must agree on the identity of the term. With regard to disputed terms, phrases, or clauses, the joint statement will list each disputed term, phrase, or clause (listed by claim); each party's proposed construction; and support for each party's proposed construction side by side. A model claim construction statement is attached to this Order.

Applies to

Joint claim construction statement

Must include

exhibits

Joint claim construction statement must include copies of all disputed patents and complete prosecution history available upon request.

Parties must attach to the joint claim construction statement copies of all patents in dispute. Parties must also make a complete prosecution history for each patent available to the Court upon request.

Applies to

Joint claim construction statement

Court will generally construe no more than 10 terms; parties must meet and confer to narrow terms if more than 10 are at issue.

The Court will generally construe no more than 10 terms. If multiple terms present identical issues, they may be grouped together or a representative term may be chosen, and each group or representative term may be considered a single term for purposes of the ten-term limit. If more than ten terms are at issue, the parties must meet and confer before the preparation of the joint claim construction statement to narrow the number of terms that are to be construed by the Court and shall jointly propose the ten terms requiring construction.

Applies to

General

Must include

notice of electronic filing

Government must email mandatory remand statute status to HSGcrd@cand.uscourts.gov by Monday before hearing.

Prior to change of plea and sentencing hearings for out-of-custody Defendants, the government shall indicate whether the offense of conviction is subject to the mandatory remand statute, 18 U.S.C. § 3143. The government shall email the Court (with all counsel cc'd) to HSGcrd@cand.uscourts.gov by no later than the Monday before the hearing.

Applies to

Motion

Must include

local rule certificate

Motions must follow Criminal Local Rule 47-1, consult scheduling notes for available dates, comply with Rule 47-2.

7. Motions must be noticed for a hearing in accordance with Criminal Local Rule 47- 1. Counsel need not reserve a hearing date in advance. However, before selecting a hearing date, counsel must consult Judge Gilliam's scheduling notes to determine which dates are available. Motions may be reset as the Court's calendar requires. All motions shall comply with Criminal Local Rule 47-2. Please refer to this Court's Criminal Pretrial and Trial Standing Order for information regarding motions in limine.

Applies to

Pretrial statement

Must include

witness list

Parties may not call undisclosed witnesses at trial without court leave for good cause.

No party shall be permitted to call any witness in its case in chief who is not disclosed in its pretrial statement unless the Court grants leave for good cause.

Applies to

Joint pretrial statement

Joint pretrial statement must include specific language above signature lines.

The joint pretrial statement and proposed order shall include the following language directly above the signature lines: The foregoing admissions having been made by the parties, and the parties having specified the foregoing issues of fact and law remaining to be litigated, this order shall supplement the pleadings and govern the course of trial of this case, unless modified by the Court to prevent manifest injustice.

Applies to

Proposed jury instructions

Must include

joint filing

Parties must file joint proposed jury instructions using Ninth Circuit Model Jury Instructions, with modifications clearly marked using strikethrough and underline.

The parties shall meet and confer and file a joint set of proposed jury instructions, arranged in the order the parties propose the Court give the instructions. The parties should use the Ninth Circuit Model Jury Instructions where possible. Any modifications to a form instruction must be plainly identified to the Court. Any language a party proposes to be removed from a model instruction must be designated with a strikethrough and language proposed to be added to a model instruction must be underlined.

Applies to

Exhibit list

Form exhibit and witness lists must be filed at least three days before trial.

At least three days prior to the first day of trial, the parties shall file form exhibit and witness lists.

Applies to

Exhibits

Must include

exhibit list

Submit a flash drive with exhibits to the Clerk's office 7 days before trial.

Submit a flash drive to the Clerk’s office containing the exhibits identified in Section (h) of the parties’ joint pretrial statement and proposed order (and not already excluded by the Court in limine)

Applies to

Exhibit and witness lists

Must include

exhibit list

File form exhibit and witness lists 3 days before trial.

File form exhibit and witness lists

Applies to

Amended pleading

Must include

redlined version

Redlined or highlighted version required with amended pleadings

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.

Applies to

Joint statement

Must include

certificate of conference

Joint statement (max 5 single-spaced pages) required for discovery disputes.

Instead of a noticed motion, the parties shall prepare a joint statement of not more than five single-spaced pages (12-point font or greater) stating the nature and status of the dispute and attesting to their good faith meet and confer efforts. Each side thus has approximately 2.5 pages of the submission. Issue-by-issue, the joint statement shall describe each unresolved issue, summarize each party’s position with appropriate legal authority, and provide each party’s final proposed compromise before addressing the next issue. It is preferable that the parties file a separate statement for each dispute. When necessary, the parties may submit supporting declarations and documentation of up to 12 pages.

Applies to

Discovery statement

Must include

notice of electronic filing

Discovery statements must be e-filed under specific Civil Events category.

The joint statement or individual statements shall be e-filed (unless the case is exempt from e-filing requirements). Whether joint or individual, the statement must be filed under the Civil Events category of “Motions and Related Filings > Motions – General > Discovery Letter Brief.”

Applies to

Motion for class action settlement approval

Must include

local rule certificate

Class action settlement approval motions must address guidelines in specified 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- classaction-settlements/, in the order the guidelines are presented on the website.

Applies to

Post distribution accounting

Must include

post distribution accounting

Post-distribution accounting required within 21 days, including discussion of class member concerns.

As reflected in the Guidance, the Court will require a post-distribution accounting within 21 days after the final distribution of settlement funds. In addition to the information contained in the Guidance, the post-distribution accounting must discuss any significant or recurring concerns communicated by class members to the settlement administrator or counsel since final approval, any other issues in settlement administration since final approval, and how any concerns or issues were resolved.

Applies to

Joint claim construction statement

Must include

certificate of conference

Joint claim construction statement must designate disputed terms and be truly joint.

The initial joint claim construction statement required by Patent Local Rule 4-3 must be truly joint. Disputed terms, phrases, and clauses must be designated as disputed. All other terms will be presumed to be undisputed.

Applies to

Joint claim construction statement

Joint statement must list disputed terms by claim with each party's proposed construction and support.

For any term in dispute, the parties must agree on the identity of the term. With regard to disputed terms, phrases, or clauses, the joint statement will list each disputed term, phrase, or clause (listed by claim); each party’s proposed construction; and support for each party’s proposed construction side by side.

Applies to

Joint claim construction statement

Must include

exhibits

Joint statement must include copies of all patents in dispute and complete prosecution history available upon request.

Parties must attach to the joint claim construction statement copies of all patents in dispute. Parties must also make a complete prosecution history for each patent available to the Court upon request.

Applies to

Reply brief

New constructions cannot be proposed for first time in reply briefs or filings without opportunity for response.

While the Court encourages the parties to negotiate mutually agreeable constructions, the parties may not propose new constructions for the first time in reply briefs or other filings that do not afford the opposing party an opportunity to respond.

Applies to

Claim construction brief

Must include

local rule certificate

Request required to propose different construction in brief than in joint statement, with explanation of basis.

If for some exceptional reason a party needs to propose a different construction in its brief than that found in the joint claim construction statement, that party must submit a short request for consideration to the Court that clearly sets forth the new construction and explains the basis for the change.

Applies to

Reply brief

Must include

exhibits

Amended final joint claim construction statement required with reply briefs if positions have changed.

At the time of filing the reply briefs, the parties shall file an amended, final joint claim construction statement if there has been any change in the parties’ claim construction positions, including in the amended statement only the remaining disputed terms, phrases, and clauses.

Applies to

Technology synopsis

Must include

judge name, case number

Technology synopsis (max 12 pages) due 7 court days before tutorial, neutral overview only.

If a tutorial is scheduled, each party should file a written technology synopsis that provides, in plain and accessible language, background information about the technology and science to be discussed at the tutorial. The synopsis is due at least 7 court days before the tutorial, and should not exceed 12 pages. Do not include a rewrite of any portion of the patent or claim construction statements, or argument on any legal issue such as invalidity, infringement, patentability and so on. The synopsis should be a neutral overview of the technology related to the tutorial.

Applies to

Joint pretrial statement

Joint pretrial statement must contain nine specified sections and be signed by all lead trial counsel.

The parties will file a joint pretrial statement, signed and vetted by all lead trial counsel, that contains the following information: i. Substance of the Action: A brief description of the substance of the claims and defenses which remain to be decided. ii. Relief Requested: A statement of all relief sought, itemizing all elements of damages claimed. iii. Undisputed Facts: A statement of all relevant undisputed facts to which the parties will stipulate for incorporation into the trial record without the necessity of supporting testimony or exhibits. iv. Disputed Factual Issues: A statement of all relevant disputed facts that remain to be decided. v. Disputed Legal Issues: Without extended legal argument, a brief statement of disputed points of law concerning liability and relief. vi. Stipulations: A statement of stipulations requested or proposed. vii. Bifurcation: A statement of whether bifurcation or a separate trial of specific issues is feasible and desired. viii. Settlement: A statement summarizing the status of settlement negotiations and indicating whether further negotiations are likely to be productive. ix. Estimate of trial length: An estimate of the total length of the trial.

Applies to

Trial brief

Trial brief must specify each cause of action and defense and include applicable legal standard.

Each party will serve and file a trial brief, not to exceed 10 pages, specifying each cause of action and defense remaining to be tried along with a statement of the applicable legal standard.

Applies to

Motion in limine

Each motion in limine must address a single specific evidentiary issue.

each addressing a single specific evidentiary issue

Applies to

Motion in limine

Motions in limine cannot be used for summary judgment or Daubert challenges without prior court approval.

Motions in limine may not be used to request summary judgment or raise Daubert challenges unless the Court has specifically granted prior approval.

Applies to

Witness list

Parties must file a joint witness list by the pretrial filings due date, including substance of testimony and time estimate.

The parties must file by the pretrial filings due date a joint list of all witnesses who are likely to be called at trial (other than solely for impeachment or rebuttal purposes), including a brief statement describing the substance of the testimony to be given by each witness and an estimate of minutes or hours the witness’s testimony is expected to take (direct and cross).

Applies to

Exhibit list

Parties must jointly file two exhibit charts by the pretrial filings due date: one for agreed exhibits and one for disputed exhibits, with specific content requirements.

The parties must jointly file by the pretrial filings due date two separate charts of proposed documentary exhibits, with one chart summarizing those exhibits that the parties agree are admissible and another chart summarizing those exhibits for which admissibility is disputed. The chart of disputed exhibits must identify the objecting party and include succinct summaries of the objection and the response, with authority that supports the parties’ respective positions. Both charts must also include the following information as to all exhibits: (1) exhibit number; (2) name or brief description of the exhibit; and (3) the exhibit’s purpose and sponsoring witness.

Applies to

Exhibit list

Before closing arguments, counsel must jointly provide a revised list of all exhibits in evidence with exhibit number and brief description.

Before the closing arguments, counsel must confer with the Courtroom Deputy to make sure the exhibits in evidence are in good order. Counsel must jointly provide a revised list of all exhibits actually in evidence (and no others), stating the exhibit number and a brief, non-argumentative description (e.g., letter from A.B. Case to D.E. Frank, dated August 17, 1999). This joint list will go into the jury room to help the jury sort through exhibits in evidence.

Applies to

Discovery dispute letter

Discovery dispute letters must attach the disputed discovery request and response, and no other documents.

The letter to the Court must attach an excerpt of the disputed discovery request and the corresponding, served response. No other documents shall be attached or provided pending further order by the Court.

Applies to

Joint case management statement

Must include

judge name, case number

Joint case management statement must be filed 7 days before conference.

The parties must file a joint case management statement addressing the standardized items required by the Standing Order for All Judges of the Northern District of California: Contents of Joint Case Management Statements. The joint statement must be filed at least seven calendar days prior to the case management conference.

Applies to

Case management conference

Lead counsel must attend with authority to stipulate and admit.

For parties with counsel, each party must be represented at the case management conference by lead counsel prepared to address all pertinent matters and with authority to enter stipulations and make admissions.

Applies to

Discovery

Formal discovery cannot begin until after Rule 26(f) conference.

Pursuant to Federal Rule Civil Procedure 26(d)(1), formal discovery should not be served or initiated by any party until after the parties have conferred as required by FRCP 26(f), except by stipulation or court order, or as provided for in FRCP 26(d)(2) or other rules.

Applies to

Summary judgment motion

Joint statements of undisputed facts not required but helpful on summary judgment motions; separate statements not permitted

On summary judgment motions, joint statements of undisputed facts are not required but are helpful if completely agreed upon. Separate statements of “undisputed facts” may not be filed. See Civil L.R. 56-2.

Applies to

All submissions

Must include

hearing date and time

All submissions must include hearing/conference date and time on cover sheet

All submissions filed with the Court must include the date and time of the hearing or conference on the cover sheet.

Applies to

All submissions

Parties must inform Court of potentially related actions in this District or other federal/state courts

The parties are reminded that they must inform the Court of any potentially related actions pending in this District or any other federal or state court in accordance with Civil Local Rules 3-12 and 3-13.

Applies to

Plea agreement

Must include

plea agreement

Plea agreement or open plea notification required by 10:00 AM day before plea.

If a plea is being entered pursuant to a plea agreement, counsel for the government shall deliver a copy of the plea agreement to chambers on the 19th Floor in San Francisco by 10:00 a.m. the day before the plea is to be entered. If the plea is not pursuant to a plea agreement or if the specifics of the agreement are not yet finalized, counsel for the defendant shall notify the Courtroom Deputy of the entry of an open plea, and shall deliver a copy of the application for entry of plea to chambers by 10:00 a.m. the day before the plea is to be entered.

Applies to

Proposed order

Must include

proposed order

Proposed orders must be submitted electronically in Word format to specific email address.

Electronic copies of proposed orders must be sent in Word format to jstpo@cand.uscourts.gov.

Applies to

Pretrial statement

Must include

local rule certificate

Pretrial statement must address all items in Criminal Local Rule 17.1-1(b).

The parties must file a pretrial statement that addresses all items listed in Criminal Local Rule 17.1-1(b).

Applies to

Pretrial statement

Pretrial statement must include joint jury instructions using Ninth Circuit Model, with deviations clearly marked and supported.

The parties must attach to their pretrial statement a joint set of jury instructions ordered in logical sequence and accompanied by a table of contents. The parties must use the Ninth Circuit Model Jury Instructions whenever possible. Proposed deviations from the model instructions, no matter how minor, must be clearly identified by red-lined copy and supported by authority.

Applies to

Jury instructions

Must include

word format

Email Word versions of jury instructions, voir dire, and verdict form to jstpo@cand.uscourts.gov on filing day.

The parties must e-mail Word versions of the proposed jury instructions, voir dire, and verdict form to jstpo@cand.uscourts.gov on the same day they file them.

Applies to

Exhibits

Must include

compliance required

Exhibits not provided as required may be excluded at court's discretion.

All exhibits that have not been provided as required are subject to exclusion in the reasonable exercise of the Court’s discretion.

Applies to

Exhibits

Exchange all trial exhibits 21 days before final pretrial conference.

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.

Applies to

Exhibits

Must include

delivery to chambers

Deliver pre-marked exhibits in three-ring binders to courtroom deputy 7 days before trial.

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.

Applies to

Witness list

Must include

daily notification

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.

Applies to

Joint pretrial statement

Joint pretrial statement must contain 15 specified sections including substance of action, relief requested, undisputed facts, exhibits list, disputed legal issues, and others.

The statement must contain the following information: 1. Substance of the Action. A brief description of the parties, the substance of claims and defenses that remain to be decided, and the operative pleadings. 2. Relief Requested. A detailed statement of all requested relief, including an itemization of all elements of damages claimed. 3. Undisputed Facts. A plain and concise statement of all relevant facts to which the parties will stipulate for incorporation into the trial record without supporting testimony or exhibits. The parties must exercise good faith in stipulating to facts that are not reasonably disputable. 4. Disputed Factual Issues. A plain and concise list of the issues of fact that are contested and remain to be litigated at trial. 5. Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts. 6. Stipulations. A statement of proposed stipulations or agreements that will expedite the presentation of evidence. 7. Witnesses. A list of all witnesses to be called in the case-in-chief, excluding those solely for impeachment or rebuttal, and a brief statement following each name describing the substance of the testimony to be given. No party will be permitted to call any witness in its case-in-chief who is not disclosed in its pretrial statement without leave of court. 8. Exhibits, Schedules, and Summaries. A list of all documents or other items to be offered as exhibits at trial, other than solely for impeachment or rebuttal, and a brief statement following each that describes: (1) its substance or purpose; (2) the identity of the sponsoring witness; and (3) whether the parties have stipulated to its admissibility and, if they have not, the objection to its admission, the grounds for the objection, and the position of the offering party. 9. Disputed Legal Issues. Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions. 10. Pending Motions or Matters. A statement of any motions or other matters that must be resolved prior to trial. 11. Bifurcation or Separate Trial of Issues. A statement of whether either party requests bifurcation or a separate trial of specific issues and why. 12. Use of Discovery Responses. Citations to all evidence that a party might introduce at trial, other than that to be used solely for impeachment or rebuttal, that was obtained from deposition testimony, interrogatory responses, or responses to requests for admission. Counsel must state any objections to the use of these materials and must certify that they have conferred regarding such objections. Counsel must separately file a document containing each disputed discovery response or deposition testimony excerpt, and as to each must state the objection to its admission, the grounds for the objection, and the position of the offering party. 13. Estimate of Trial Time. An estimate of the number of hours or days needed for the trial. 14. Settlement Discussion. A brief summary of the status of settlement negotiations, without indicating specific dollar amounts, and an indication of whether further negotiations are likely to be productive and what, if anything, would facilitate settlement. 15. Miscellaneous. Any other matters that will facilitate the just, speedy, and efficient resolution of the action.

Applies to

Joint pretrial statement

Joint pretrial statements must include specified language directly above the signature lines.

The joint pretrial statement described above must include the following language directly above the signature lines: The foregoing admissions having been made by the parties, and the parties having specified the foregoing issues of fact and law remaining to be litigated, this order will supplement the pleadings and govern the course of trial of this case, unless modified by the Court to prevent manifest injustice.

Applies to

Proposed findings conclusions

Proposed findings must be brief, plain English, no pejorative language/conclusions/argument; conclusions of law require legal authority citations.

The proposed findings must be brief, written in plain English, and be free of pejorative language, conclusions, or argument. Conclusions of law must be supported by appropriate citation to legal authority.

Applies to

Administrative motion to seal

Administrative motions to file materials under seal must include two compliance statements regarding this order and Civil Local Rule 79-5.

In addition to the information required by Civil Local Rule 79-5, administrative motions to file materials under seal must contain the following information: 1. A statement that the filing party has reviewed and complied with this order. 2. A statement that the filing party has reviewed and complied with Civil Local Rule 79-5, including the requirement to file separate motions if a party seeks to file under seal a document containing “portions that more than one party bears the burden of showing is sealable.” Civil L.R. 79-5(f)(5).

Applies to

Motion or statement in support of sealing

Motions or statements in support of sealing must identify and apply the legal standard, provide evidentiary support, and avoid insufficient justifications like mere stipulation references or conclusory competitive harm claims.

The motion or statement in support of sealing must identify the applicable legal standard (i.e., compelling reasons or good cause), explain why that standard applies, and articulate, with evidentiary support where necessary, why the materials to be sealed satisfy that standard. See Civil L.R. 79-5(c)(1)–(2). “Reference to a stipulation or protective order that allows a party to designate certain documents as confidential is not sufficient to establish that a document, or portions thereof, are sealable.” Civil L.R. 79-5(c). Conclusory references to “competitive harm” without explanation are also almost always insufficient justification for sealing.

Applies to

Proposed order

Proposed sealing orders must identify the legal standard, be narrowly tailored, list sealed materials in a table with a court ruling column, and have electronic copies sent in Word to jstpo@cand.uscourts.gov.

Proposed orders must identify the appropriate legal standard, be “narrowly tailored to seal only the sealable material,” and “list[] in table format each document or portion thereof that is sought to be sealed.” Civil L.R. 79-5(c)(3). Tables must include a column for the Court’s ruling as to each document. Electronic copies of proposed orders must be sent in Word format to jstpo@cand.uscourts.gov.

Applies to

Joint case management statement

Parties are prohibited from incorporating prior case management statements by reference.

Parties must not incorporate prior case management statements by reference.

Applies to

Proposed protective order or esi discovery order

Must include

local rule certificate

Proposed protective orders or ESI discovery orders must be accompanied by a qualifying declaration, or they will be denied without prejudice.

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.

Applies to

Request for telephonic appearance

Must include

proposed order

Requests for telephonic appearance must be accompanied by a stipulation (or administrative motion if no stipulation) and proposed order.

parties seeking to appear telephonically must file a stipulation and proposed order, or an administrative motion and proposed order if a stipulation is not possible, at least seven calendar days prior to the scheduled appearance.

Applies to

Post-distribution accounting

Post-distribution accounting for class action settlements must include specified information about settlement administration issues and resolutions.

In addition to the information contained in the Guidance, the post-distribution accounting must discuss any significant or recurring concerns communicated by class members to the settlement administrator or counsel since final approval, any other issues in settlement administration since final approval, and how any concerns or issues were resolved.

Applies to

Post-distribution accounting

Must include

proposed order

Class counsel must file a proposed order releasing remaining attorney’s fees when submitting the post-distribution accounting.

Class counsel must file a proposed order releasing the remainder of the fees when they file their post-distribution accounting.

Applies to

Motion for class action settlement approval

Motions for preliminary or final approval of class action settlements must address the Northern District’s class action settlement guidance in the order presented on the website.

Any motion for preliminary or final approval of a class action settlement must address the respective guidelines in the Northern District of California’s Procedural Guidance for Class Action Settlements, available at https://cand.uscourts.gov/rules-forms-fees/northern-district-guidelines/procedural-guidance-class-action-settlements, in the order the guidelines are presented on the website.

Applies to

Motion

Must include

proposed order

Proposed orders must be submitted in Word format to the specified email address.

Electronic copies of proposed orders must be sent in Word format to jstpo@cand.uscourts.gov.

Applies to

Joint pretrial statement

Joint pretrial statement must contain 15 enumerated items covering substance, relief, facts, witnesses, exhibits, legal issues, and other trial-related matters.

The statement must contain the following information: 1. Substance of the Action. A brief description of the parties, the substance of claims and defenses that remain to be decided, and the operative pleadings. 2. Relief Requested. A detailed statement of all requested relief, including an itemization of all elements of damages claimed. 3. Undisputed Facts. A plain and concise statement of all relevant facts to which the parties will stipulate for incorporation into the trial record without supporting testimony or exhibits. The parties must exercise good faith in stipulating to facts that are not reasonably disputable. 4. Disputed Factual Issues. A plain and concise list of the issues of fact that are contested and remain to be litigated at trial. 5. Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts. 6. Stipulations. A statement of proposed stipulations or agreements that will expedite the presentation of evidence. 7. Witnesses to be Called. A list of all witnesses likely to be called at trial other than solely for impeachment or rebuttal, and a brief statement following each name describing the substance of the testimony to be given. No party will be permitted to call any witness in its case-in-chief who is not disclosed in its pretrial statement without leave of court. 8. Exhibits, Schedules, and Summaries. A list of all documents or other items to be offered as exhibits at trial, other than solely for impeachment or rebuttal, and a brief statement following each that describes: (1) its substance or purpose; (2) the identity of the sponsoring witness; and (3) whether the parties have stipulated to its admissibility and, if they have not, the objection to its admission, the grounds for the objection, and the position of the offering party. 9. Disputed Legal Issues. Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions. 10. Pending Motions or Matters. A statement of any motions or other matters that must be resolved prior to trial. 11. Bifurcation or Separate Trial of Issues. A statement of whether either party requests bifurcation or a separate trial of specific issues and why. 12. Use of Discovery Responses. Citations to all evidence that a party might introduce at trial, other than that to be used solely for impeachment or rebuttal, that was obtained from deposition testimony, interrogatory responses, or responses to requests for admission. Counsel must state any objections to the use of these materials and must certify that they have conferred regarding such objections. Counsel must separately file a document containing each disputed discovery response or deposition testimony excerpt, and as to each must state the objection to its admission, the grounds for the objection, and the position of the offering party. 13. Estimate of Trial Time. An estimate of the number of hours or days needed for the trial. 14. Settlement Discussion. A brief summary of the status of settlement negotiations, without indicating specific dollar amounts, and an indication of whether further negotiations are likely to be productive and what, if anything, would facilitate settlement. 15. Miscellaneous. Any other matters that will facilitate the just, speedy, and efficient resolution of the action.

Applies to

Joint pretrial statement

Joint pretrial statement must include specific language above signature lines.

The joint pretrial statement described above must include the following language directly above the signature lines: The foregoing admissions having been made by the parties, and the parties having specified the foregoing issues of fact and law remaining to be litigated, this order will supplement the pleadings and govern the course of trial of this case, unless modified by the Court to prevent manifest injustice.

Applies to

Jury instructions

Jury instructions must use model instructions when possible; deviations must be identified by red-lined copy and supported by authority.

The parties must submit a set of agreed-upon case-specific instructions using the Ninth Circuit Model Jury Instructions or California Civil Jury Instructions (CACI) whenever possible. Proposed deviations from the model instructions, no matter how minor, must be clearly identified by red-lined copy and supported by authority.

Applies to

Joint case management statement

Parties must follow ESI guidelines and meet/confer on ADR and ESI topics before initial case management conference.

Parties must review in detail the Northern District’s electronically stored information (“ESI”) guidelines and checklist for Rule 26(f) conferences, which are available at https://cand.uscourts.gov/eDiscoveryGuidelines. The Court discourages deviation from the ESI guidelines absent good cause. Failure to meet and confer regarding the required topics prior to the initial case management conference, including alternative dispute resolution and ESI, may, in the reasonable exercise of the Court’s discretion, result in sanctions or disciplinary action.

Applies to

Protective order

Must include

caption, judge name, case number +2 more

Protective orders must use model orders or include required declarations explaining deviations.

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.

Applies to

Administrative motion

Administrative motions and declarations must be submitted in Word format by email 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.

Applies to

Cross motion

Must include

stipulation, proposed order

Stipulation and proposed order setting briefing schedule required before first brief.

Before the first brief is filed, the parties must submit a stipulation and proposed order setting a briefing schedule for the cross-motions.

Applies to

Attorneys fees motion

Must include

hours chart

Chart summarizing hours expended required with attorneys' fees motion.

In addition to the motion, memorandum, and evidence, a party moving for attorneys’ fees must provide the Court with a chart, in the format set forth below, summarizing the hours expended on the major tasks in the case.

Applies to

Attorneys fees motion

Attorneys' fees hours chart must be submitted in Word format by email.

Electronic copies of the chart must be sent in Word format to nwpo@cand.uscourts.gov

Applies to

Class action settlement motion

Must include

procedural guidance

Class action settlement motions must follow Northern District of California's Procedural Guidance 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.

Applies to

Class action final approval motion

Must include

justification, withholding percentage

Final approval motion must specify appropriate withholding percentage and justification.

The final approval motion should specify what percentage class counsel believes it is appropriate to withhold and why.

Applies to

Joint claim construction statement

Must include

disputed terms chart

Joint claim construction statement must include chart with disputed terms and proposed constructions.

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.

Applies to

Joint claim construction statement

Joint claim construction chart must be submitted in Word format by email.

Electronic copies of the chart included in the joint claim construction statement must be sent in Word format to nwpo@cand.uscourts.gov.

Applies to

Amended pleading

Amended pleadings require concurrent redlined/highlighted comparison version.

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.

Applies to

Proposed order

Must include

proposed order

Proposed orders must be emailed in Word format to nwpo@cand.uscourts.gov.

Electronic copies of proposed orders must be sent in Word format to nwpo@cand.uscourts.gov.

Applies to

Hearing materials

Must include

notice of electronic filing

Materials used at hearings must be filed electronically within 7 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.

Applies to

Administrative request

Must include

proposed order

Parties must file an administrative request and proposed order at least one week before a hearing to appear via Zoom.

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.

Applies to

Joint case management statement

Parties must file a joint case management statement at least 18 calendar days before a scheduled 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.

Applies to

Joint case management statement

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.

Applies to

Joint 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.

Applies to

Proposed protective order

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.

Applies to

Stipulation and proposed order

Must include

proposed order

Parties must submit a stipulation and proposed order setting a briefing schedule before the first cross-motion brief is filed.

Before the first brief is filed, the parties must submit a stipulation and proposed order setting a briefing schedule for the cross-motions.

Applies to

Sumf

Must include

certificate

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.

Applies to

Motion for preliminary or final approval

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.

Applies to

Post distribution accounting

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.

Applies to

Post distribution accounting

Must include

proposed order

Class counsel must file a proposed order releasing the remainder of fees with the post-distribution accounting.

Class counsel must file a proposed order releasing the remainder of the fees when they file their post-distribution accounting.

Applies to

Joint claim construction statement

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.

Applies to

Amended pleading

Must include

redlined version

Amended pleadings must be filed with a redlined or highlighted version showing changes.

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.

Applies to

Proposed order

Must include

proposed order

Proposed orders must be emailed in Word format to nwpo@cand.uscourts.gov.

Electronic copies of proposed orders must be sent in Word format to nwpo@cand.uscourts.gov.

Applies to

Joint pretrial statement

Must include

judge name, case number

Joint Pretrial Statement must be filed 14 days before pretrial conference

Unless otherwise ordered, the parties must file and serve a Joint Pretrial Statement no later than 14 calendar days before the pretrial conference.

Applies to

Joint pretrial statement

Must include

witness list

Witnesses not disclosed in pretrial statement require court leave

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.

Applies to

Joint pretrial statement

Must include

trial time hours

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.

Applies to

Joint pretrial statement

Must include

time division

Trial time equally divided between plaintiffs and defendants unless stipulated otherwise

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.

Applies to

Joint pretrial statement

Must include

certificate of conference

Lead trial counsel must meet and confer at least 21 days before final pretrial conference

At least 21 calendar days before the final pretrial conference, lead trial counsel must meet and confer with respect to:

Applies to

Joint pretrial statement

Must include

judge name, case number

Joint pretrial statement must be filed 14 days before pretrial conference

Unless otherwise ordered, the parties must file and serve a joint pretrial statement no later than 14 calendar days before the pretrial conference.

Applies to

Motion

Must include

notice of motion

Criminal motions must be noticed for hearing per Local Rule 47-1.

All criminal motions must be noticed for a hearing in accordance with Criminal Local Rule 47-1.

Applies to

Joint pretrial statement

Must include

trial time in hours

Parties must account for all trial time (except voir dire) in hours

The parties must provide the total number of hours needed for the trial. Except for voir dire, ALL time should be accounted for, including but not limited to opening statements, closing arguments, cross-examination, sidebars, objections, and argument outside the presence of the jury.

Applies to

Joint pretrial statement

Trial hours equally divided between plaintiffs and defendants unless stipulated otherwise

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.

Applies to

Joint pretrial statement

Parties must track and report daily time usage to court

The parties will be required to keep track of their time each day, account for all available hours the jury is available (irrespective of whether the parties elect to use all of those hours), and report the stipulated division of time to the Court each day.

Applies to

Joint pretrial statement

Joint pretrial statement must include binding language above signature lines.

The joint pretrial statement described above must include the following language directly above the signature lines: The parties have made the foregoing admissions and set forth the remaining issues of fact and law to be litigated at trial. This Joint Pretrial Statement supplements the parties' pleadings and, along with the Court's orders, governs the course of trial of this case.

Applies to

Pretrial conference

Must include

attendance

Lead counsel or self-represented party must attend pretrial conference in person.

Pretrial conferences are held in person. Lead counsel who will try the case, or the party if self-represented, must attend the pretrial conference and be prepared to address all aspects of trial; this includes the substance of all documents, arguments, and issues set forth in this standing order.

Applies to

Exhibits

Must include

exchange

Parties must exchange exhibits 21 days before final pretrial conference.

At least 21 calendar days before the final pretrial conference, the parties must exchange copies of all exhibits, summaries, charts, schedules, together with a complete list of all such proposed exhibits. Voluminous exhibits must be reduced by elimination of irrelevant portions or through summaries.

Applies to

Jury materials

Must include

list of participants, proposed jury instructions, proposed jury verdict form +1 more

Jury materials (participants list, voir dire, instructions, verdict form) due 14 days before pretrial conference with two courtesy copies and Word versions emailed.

no later than 14 calendar days before the pretrial conference, the parties must jointly file and serve the following documents, described further below, with two courtesy copies delivered to the Court, and Word versions emailed to nwpo@cand.uscourts.gov: (a) list of participants; (b) agreed upon voir dire questions; (c) proposed jury instructions; and (d) a proposed jury verdict form.

Applies to

Voir dire questions

Must include

agreed questions, disputed questions, court preferred questions

Parties must submit agreed and disputed voir dire questions to Court.

The parties must provide for the Court’s consideration: a list of any agreed upon voir dire questions; a separate list of requested voir dire questions on which counsel cannot agree; and, a list of questions, if any, the parties would prefer the Court ask the jurors.

Applies to

Witness exhibit list

Must include

exhibit list, witness list

Parties must notify others of next day's witnesses and exhibits by end of each trial day.

Unless otherwise ordered, by the close of each trial day each party must notify all other parties of all witnesses that party intends to call on the following trial day and shall provide a list of all exhibits that will be used on direct and cross-examination (other than for impeachment of an adverse witness).

Applies to

Exhibit list

Must include

outstanding objections

Exhibit list must include outstanding objections if not stipulated.

If the parties have not stipulated to the admission of the exhibits that will be used for those witnesses, the exhibit list must include the outstanding objections.

Applies to

Exhibit

Must include

exhibit list

Counsel must place clearly marked exhibit copies on witness stand before each witness.

Immediately before each new witness takes the stand, counsel calling the witness, or conducting cross-examination, shall place on the witness stand a clearly marked copy of each exhibit that counsel expects to reference during direct examination or cross-examination respectively.

Applies to

Objection

Objections must be brief and standing; no speaking objections allowed.

Counsel shall stand when making objections and briefly state the basis of the objection. Counsel shall not make speaking objections. Counsel shall not expand on the basis for the objection, or respond to the objection of another party, unless requested by the Court.

Applies to

Exhibit

Must include

exhibit list

Parties must retain exhibits throughout appellate process and arrange record filing.

At the conclusion of the trial, each party must retain its exhibits throughout the appellate process. It is each party’s responsibility to arrange with the Office of the Clerk of Court to file the record on appeal.

Applies to

Motion

Must include

leave of court

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.

Applies to

Motion

Must include

local rule compliance

Motions must comply with Criminal Local Rule 47-2.

All motions shall comply with Criminal Local Rule 47-2.

Applies to

Reply brief

Must include

court order

Reply briefs to motions in limine require court order showing good cause.

The Court will not consider reply briefs absent prior order on a showing of good cause.

Applies to

Amended pleading

Must include

redlined version

Amended pleadings must include redlined or highlighted comparison to prior version.

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.

Applies to

Proposed order

Proposed orders must be sent in Word format to nwpo@cand.uscourts.gov.

Electronic copies of proposed orders must be sent in Word format to nwpo@cand.uscourts.gov.

Applies to

Pretrial statement

Must include

joint filing, comprehensive coverage

Joint pretrial statement required addressing all items in Criminal Local Rule 17.1-1(b).

The parties must file a joint pretrial statement that addresses all items listed in Criminal Local Rule 17.1-1(b).

Applies to

Jury instructions

Must include

joint filing, logical sequence, table of contents

Joint jury instructions with table of contents required with pretrial statement.

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.

Applies to

Jury instructions

Must include

authority support, model instructions, deviation identification

Must use Ninth Circuit Model Jury Instructions; deviations must be red-lined and supported by authority.

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.

Applies to

Jury instructions

Must include

disputed marking, argument and authority

Disputed jury instructions must be marked “disputed” with concise argument and authority.

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.

Applies to

Voir dire

Must include

joint filing, agreed questions, disputed questions

Joint list of agreed and disputed voir dire questions required with pretrial statement.

The parties 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.

Applies to

Verdict form

Must include

filing, lodging, service +1 more

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.

Applies to

Pretrial filing

Must include

email submission, same day deadline

Word versions of jury instructions, voir dire, and verdict form must be emailed to nwpo@cand.uscourts.gov 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.

Applies to

Exhibits

Must include

complete list

Exhibits must be exchanged at least 21 days before final pretrial conference with complete list.

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.

Applies to

Exhibits

Must include

meet and confer, good faith effort, stipulation attempt

Parties must meet and confer immediately after exhibit exchange to stipulate admissibility.

Following the exchange, the parties must immediately meet and confer about the exhibits, including any objections to their use, and must make a good faith effort to stipulate to exhibits’ admissibility.

Applies to

Exhibits

Exhibits must be delivered in three-ring binders to courtroom deputy 7 days before trial.

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.

Applies to

Exhibits

Exhibits not provided as required may be excluded at court's discretion.

All exhibits that have not been provided as required are subject to exclusion in the reasonable exercise of the Court’s discretion.

Applies to

Witness disclosure

Failure to notify witnesses may result in exclusion at court's discretion.

Failure to comply with this order may, in the discretion of the Court, be grounds for exclusion of any witness who was not properly disclosed.

Applies to

Administrative request

Must include

proposed order

Parties requesting to appear via Zoom must file and serve an administrative request with a proposed order 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.

Applies to

Joint case management statement

Joint case management statements must comply with the referenced standing order and Civil Local Rule 16-9 unless the Court orders otherwise.

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.

Applies to

Joint case management statement

Joint case management statements are prohibited from incorporating prior case management statements by reference.

Parties must not incorporate prior case management statements by reference.

Applies to

Joint case management statement

Initial joint case management statements must include a full litigation schedule with a deadline to complete ADR, regardless of any pending motion to dismiss rulings.

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.

Applies to

Joint case management statement

Parties must explain any proposed deadlines that deviate from the default timeline provided in the standing order.

Parties must explain proposals that deviate from the timeline set forth below.

Applies to

Joint case management statement

The “Other References” section of the joint case management statement must indicate whether all parties consent to the jurisdiction of a magistrate judge.

In the section of the joint case management statement addressing “Other References,” the parties must indicate whether all parties consent to the jurisdiction of a magistrate judge.

Applies to

Proposed protective order

Parties seeking a protective order must use the model stipulated protective order from the court’s website where practicable.

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.

Applies to

Proposed protective order

Proposed protective orders must be accompanied by a declaration meeting one of three specified criteria.

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.

Applies to

Proposed protective order

Proposed protective orders not accompanied by the required declaration will be denied without prejudice.

Proposed orders that are not accompanied by one of the required declarations will be denied without prejudice.

Applies to

Sumf

Each Statement of Undisputed Material Facts (SUMF) must be signed by counsel or the unrepresented party who reviewed it, and include the required attestation confirming the evidence fairly supports or disputes the asserted facts.

Attestation: 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.

Applies to

Sumf

SUMFs are prohibited from containing summary judgment argument or circumventing applicable briefing page limits, must only include facts cited in the summary judgment briefs, and uncited facts will not be considered by the Court.

Additional Guidance: The separate SUMFs shall not include argument in support of the summary judgment motion and shall not be used to circumvent the page limits that apply to summary judgment briefing. Parties must include only those facts that are actually cited in the briefs. Facts that are not cited in the summary judgment briefs will not be considered.

Applies to

Objections to evidence

Objections to evidence must be included in the objecting party’s brief and are prohibited from being filed as a separate pleading.

Objections to Evidence: Objections to evidence shall be contained within the objecting party’s brief and shall not be filed as a separate pleading.

Applies to

Attorney fees motion

Motions for attorney’s fees must include a chart summarizing hours expended per task and attorney (with adjustable categories) in the specified format, and the total hours in the chart must match the hours stated in the fees motion.

In addition to the motion, memorandum, and evidence, a party moving for attorney’s fees must provide the Court with a chart, in the format set forth below, summarizing the hours expended on the major tasks in the case. While the Court has suggested several categories of tasks, the moving party may add or modify categories as necessary. The Court is primarily interested in the number of hours spent per task and per attorney, along with the effective billing rate associated with those hours. The total number of hours reflected in this chart must be identical to the number of hours set forth in the fees motion.

Applies to

Class action settlement motion

Motions for preliminary or final approval of class action settlements must address the Northern District of California’s Procedural Guidance for Class Action Settlements in the order the guidelines are presented on the court’s website.

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.

Applies to

Post distribution accounting

Post-distribution accounting for class action settlements must include, in addition to the Guidance requirements, discussions of class member concerns, settlement administration issues since final approval, and resolutions to those concerns/issues.

In addition to the information contained in the Guidance, the post-distribution accounting must discuss any significant or recurring concerns communicated by class members to the settlement administrator or counsel since final approval, any other issues in settlement administration since final approval, and how any concerns or issues were resolved.

Applies to

Class action settlement motion

Motions for final approval of class action settlements must specify the percentage of attorney’s fees class counsel proposes to withhold (typically 10-25%) and the reasoning for that proposed percentage.

The final approval motion must specify what percentage class counsel believes it is appropriate to withhold and why.

Applies to

Post distribution accounting

Must include

proposed order

Class counsel must file a proposed order releasing the remaining attorney’s fees when submitting the post-distribution accounting for a class action settlement.

Class counsel must file a proposed order releasing the remainder of the fees when they file their post-distribution accounting.

Applies to

Joint claim construction statement

Joint claim construction statements required by Patent Local Rule 4-3 must include a side-by-side chart listing each disputed claim term/phrase/clause, each party’s proposed construction, and supporting evidence for each construction.

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.

Applies to

Amended complaint

In PSLRA cases, lead plaintiff must format securities fraud allegations in a chart with specific numbered headings when filing an amended complaint.

If and when a lead plaintiff files an amended complaint, lead plaintiff must set out in chart form its securities fraud allegations under the following headings on a numbered, statement-by-statement basis: (1) the speaker(s), date(s), and medium; (2) the false and misleading statements; (3) the reasons why the statements were false and misleading when made; and (4) the facts giving rise to a strong inference of scienter.

Applies to

Motion to seal

Must include

proposed order

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).

Applies to

Amended pleading

Amended pleadings must be accompanied by a redlined or highlighted version comparing to prior pleading.

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.

Applies to

Pretrial statement

Joint pretrial statement must address all items in Criminal Local Rule 17.1-1(b).

The parties must file a joint pretrial statement that addresses all items listed in Criminal Local Rule 17.1-1(b).

Applies to

Pretrial statement

Pretrial statement must include joint jury instructions in logical sequence with table of contents.

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.

Applies to

Jury instructions

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.

Applies to

Pretrial statement

Pretrial statement must include joint list of agreed voir dire questions and list of disagreed questions.

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.

Applies to

Verdict form

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.

Applies to

Joint case management statement

Must include

judge name, case number

Joint Case Management Statements are due 7 days before the conference.

Joint Case Management Statements are due 7 days before the conference.

Applies to

Motion to exclude expert testimony

Must include

dispositive motion deadline

Motions to Exclude Expert Testimony must be filed by dispositive motions deadline.

Motions to Exclude Expert Testimony must be filed by the dispositive motions deadline.

Applies to

Motion

Must include

accurate facts, accurate citations

Citations and factual assertions must be completely accurate.

Citations and factual assertions must be completely accurate. Misrepresentations of law or fact, however subtle, may result in sanctions.

Applies to

Reply brief

Must include

consolidated reply

Moving party must file single consolidated reply brief when multiple opposition briefs are filed.

If multiple parties file separate opposition briefs to a motion, the moving party must file a single consolidated reply brief complying with the default page limits.

Applies to

Amended pleading

Must include

redlined document

Attach redlined document showing changes to amended pleadings.

Attach as an exhibit to any amended or proposed amended pleading a redlined document showing the changes made to the previously filed pleading.

Applies to

Motion

Must include

evidence objections in briefs

Object to evidence within briefs, not separate pleadings.

Object to evidence within briefs. Do not file separate pleadings.

Applies to

Proposed order

Must include

proposed order

Proposed orders required for administrative motions, ex parte applications, and motions seeking specific relief.

Proposed Orders. File proposed orders on ECF as PDFs and email Word versions to pcppo@cand.uscourts.gov. Proposed orders are only necessary for administrative motions, ex parte applications, and motions seeking specific relief.

Applies to

Demonstratives

Demonstratives must be sent to opposing counsel and CRD via email 48 hours in advance.

Send any demonstratives to opposing counsel and Judge Pitts's CRD (via email) 48 hours in advance.

Applies to

Class action settlement motion

Class action settlement motions must follow specific guidelines and include an appendix.

Parties submitting motions for preliminary or final approval of class action settlements must follow these guidelines: https://cand.uscourts.gov/forms/procedural-guidance-for-class-action-settlements/. Parties should include an appendix with their brief that responds to the specific requirements outlined in the guidelines.

Applies to

Motion

Proposed orders required only for administrative motions, ex parte applications, and motions seeking specific relief or factual findings.

Proposed orders are not necessary for most substantive motions, such as motions for summary judgment and motions to dismiss. File proposed orders only in connection with administrative motions, ex parte applications, and motions that ask for specific relief (e.g., a motion for a preliminary injunction or an application for a temporary restraining order) or factual findings (e.g., a motion to approve a class settlement or for attorneys’ fees).

Applies to

Proposed order

Must include

specific relief sought

Proposed orders for injunctive relief must be filed on ECF (PDF) and emailed (Word) to specific address.

Proposed orders submitted in connection with motions for injunctive relief should state the specific relief sought. Proposed orders must be both filed on ECF in PDF form and emailed in Word form to pcppo@cand.uscourts.gov. Orders submitted only by email are not deemed filed and may not be seen by the Judge.

Applies to

Joint trial availability statement

Must include

joint availability, trial duration estimate

Parties must file joint trial availability statement one week before trial setting conference.

Joint Trial Availability Statement. At least one week before the trial setting conference, the parties shall file a joint statement specifying their joint availability for trial and an estimate of the total number of hours or days needed for trial.

Applies to

Preliminary statement

Must include

joint statement

One-paragraph preliminary statement required for jury voir dire.

Preliminary statement: A one-paragraph joint statement of the case to be read at voir dire.

Applies to

Proposed jury questions

Must include

agreed upon questions

Up to nine proposed jury questions required for online questionnaire.

Proposed jury questions: A list of up to nine agreed-upon questions to be asked in the online questionnaire that will be sent to prospective jurors before jury selection.

Applies to

Plea agreement

Plea agreements must be emailed to Courtroom Deputy by 2:00 p.m. Monday before plea; open pleas require notification by same deadline.

If a plea is being entered pursuant to a plea agreement, government counsel shall email a copy of the plea agreement to Judge Pitts’s Courtroom Deputy Nicole Coleman at pcpcrd@cand.uscourts.gov by 2:00 p.m. the Monday before the plea is to be entered. If there is to be an open plea, counsel for the defendant shall notify the Court by 2:00 p.m. the Monday before the plea is to be entered.

Applies to

Joint pretrial conference statement

Must include

caption, judge name, case number +2 more

Joint pretrial conference statement required 7 days before pretrial conference, addressing 15 issues, with attached jury instructions, voir dire, exhibits, and stipulations.

Counsel shall comply with Local Rule 17.1-1(b) and file a joint pretrial conference statement not less than seven days prior to the pretrial conference addressing all fifteen issues identified therein. Counsel shall meet and confer in advance on proposed jury instructions, voir dire questions, exhibits, and stipulations, all of which must be attached to their joint pretrial conference statement. Counsel should be prepared to discuss with the Court any anticipated evidentiary objections and any means for shortening and simplifying the trial. Counsel should submit an agreed upon set of additional requested voir dire questions to be posed by the Court. Any voir dire questions on which counsel cannot agree shall be submitted separately.

Applies to

Pretrial conference statement

Must include

joint set

Joint jury instructions with table of contents required with pretrial conference statement

The parties must attach to their pretrial conference statement a joint set of jury instructions ordered in logical sequence and accompanied by a table of contents.

Applies to

Special instructions

Special instructions must be complete, accurate, balanced, clear, and non-argumentative

Special instructions, if any, must be complete, accurate, balanced, clear, and non-argumentative.

Applies to

Jury instructions

Must include

disputed instructions marked

Disputed instructions must be marked 'disputed' with concise argument and authority

Any instruction on which the parties disagree should be marked as 'disputed' and in the place where the proposing party believes the instruction should be given. Disputed instructions must be followed by concise argument and authority in support of and against the use of the instruction.

Applies to

Proposed voir dire questions

Must include

agreed upon questions

Agreed-upon voir dire questions requiring yes/no answers.

Proposed voir dire questions: A list of agreed upon-questions to be posed by the Court after initial voir dire. The parties should formulate these questions such that they require only "yes"/"no" answers enabling jurors to raise their hands in response.

Applies to

List of involved individuals

Must include

list of all involved

List of all involved individuals required for jury selection.

List of involved individuals: A list of all people involved in this case (including counsel, parties, and potential witnesses) to be shared during jury selection.

Applies to

Proposed jury instructions

Must include

joint instructions

Joint proposed jury instructions following Ninth Circuit Model Instructions.

Proposed jury instructions: A joint set of proposed jury instructions. Proposed instructions should follow the Ninth Circuit Model Jury Instructions to the extent possible, and any deviations must be indicated.

Applies to

Proposed verdict form

Must include

proposed verdict form

Proposed verdict form required (joint if possible, separate if not).

Proposed verdict form: A single agreed upon proposed verdict form if possible, or separate proposed verdict forms if the parties cannot reach agreement.

Applies to

Joint filing of trial exhibits

Must include

expert reports, deposition transcripts, single set of all exhibits

Single joint filing required for all trial exhibits and expert reports.

Joint Filing of Trial Exhibits. The parties shall prepare a single set of all trial exhibits, expert reports of testifying experts, and deposition transcripts of testifying witnesses that will be the official record and, if applicable, used on appeal.

Applies to

Trial exhibits

Must include

meet and confer in person

Parties must meet and confer in person before submitting trial exhibits.

Before submitting trial exhibits, the parties shall meet and confer in person to consider exhibit numbers, eliminate duplicates, and minimize confusion, and make a good faith effort to stipulate to admissibility.

Applies to

Trial exhibits

Must include

stipulate to authenticity and foundation

Parties must make good faith effort to stipulate to authenticity and foundation.

At minimum, absent a legitimate objection, the parties shall make every effort to stipulate to authenticity and foundation.

Applies to

Exhibits

Must include

exhibit list

Digital exhibit copies required on USB drives 5 days before trial.

At least five days prior to the commencement of trial, the parties shall deliver to the Courtroom Deputy two USB drives that each contain one set of exhibits, with each exhibit as a separate file.

Applies to

Audio video exhibits

Must include

transcript

Transcripts required for audio/video exhibits on day offered.

The parties must provide agreed-upon transcripts of any audio or video exhibits used at trial by the day offered.

Applies to

Special equipment motion

Must include

joint motion

Joint motion required for special equipment in courthouse.

If the parties plan to bring special equipment into the courthouse (e.g., printers, monitors, other large objects or unusual technology), the parties must submit a joint administrative motion seeking permission to bring in said special equipment.

Applies to

Deposition objections

Must include

spreadsheet

Spreadsheet required for deposition objections via email.

The parties shall also email pcppo@cand.uscourts.gov and pcpchambers@cand.uscourts.gov an editable spreadsheet identifying the deposition page and line number(s) for each objection.

Applies to

Special equipment

Must include

court order

Special equipment requires court order for courthouse entry.

The Court security officers will not permit entrance of special equipment without a court order.

Applies to

Pretrial statement

Must include

proposed order

Joint Pretrial Statement must contain 13 specified items including substance, relief, undisputed facts, disputed facts, witnesses, exhibits, legal issues, etc., and must include a proposed order.

the parties shall file and serve a Joint Pretrial Statement and Proposed Order containing the following information: 1. Substance of the Action. A brief description of the parties, the substance of claims and defenses that remain to be decided, and the operative pleadings that raise the issues; 2. Relief Prayed. A detailed statement of all relief claimed, particularly itemizing all elements of damages claimed; 3. Undisputed Facts. A plain and concise statement of all relevant facts to which the parties will stipulate for incorporation into the trial record without the necessity of supporting testimony or exhibits. The parties shall exercise good faith in stipulating to facts that are not reasonably disputable; 4. Disputed Factual Issues. A plain and concise list of the issues of fact that are contested and remain to be litigated at trial; 5. Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts; 6. Stipulations. A statement of proposed stipulations or agreements that will expedite the presentation of evidence; 7. Witnesses to be Called. A list of all witnesses likely to be called at trial, other than solely for impeachment or rebuttal, together with a brief statement following each name describing the substance of the testimony to be given. No party shall be permitted to call any witness in its case in chief who is not disclosed in its pretrial statement without leave of court for good cause; 8. Exhibits, Schedules and Summaries. A list of all documents and other items to be offered as exhibits at the trial, other than solely for impeachment or rebuttal, with a brief statement following each, describing its substance or purpose and the identity of the sponsoring witness; 9. Disputed Legal Issues. Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions; 10. Pending Motions or Matters. A statement of any motions or matters that must be resolved prior to trial; 11. Bifurcation, Separate Trial of Issues. A statement of whether bifurcation or a separate trial of specific issues is feasible and desired; 12. Estimate of Trial Time. An estimate of the number of hours or days needed for the trial; and, 13. Miscellaneous. Any other matters that will facilitate the just, speedy and efficient determination of the action.

Applies to

Joint pretrial statement

Joint Pretrial Statement and Order must include specific language above signature lines.

The Joint Pretrial Statement and Order described above shall recite, directly above the signature lines of each party, the following: The foregoing admissions having been made by the parties, and the parties having specified the foregoing issues of fact and law remaining to be litigated, this order shall supplement the pleadings and govern the course of trial of this cause, unless modified to prevent manifest injustice.

Applies to

Jury instructions

Jury instructions must be jointly submitted in hard copy and via email, using Ninth Circuit model instructions, with objections placed after disputed instructions.

the parties shall meet and confer and submit jointly an agreed set of instructions, using the Model Jury Instructions of the Ninth Circuit where appropriate. In the event the parties are unable to agree to the language of a particular instruction, the objecting party shall submit a written objection or an alternative proposed instruction placed in sequence immediately following the disputed instruction. The joint set of jury instructions shall be submitted in hard copy as well as in word processing format via email to RSpo@cand.uscourts.gov.

Applies to

Emergency application

Must include

certificate of conference

Emergency relief requires showing reasonable effort to notify opposing party.

If the party seeking emergency relief does not show that it made every reasonable effort to notify the opposing party, at the earliest possible time, of its intent to seek emergency relief, the relief will not be granted.

Applies to

Motion

Must include

certificate of conference

Moving party must confer with opposing counsel before noticing motion.

Counsel for the moving party shall confer with opposing counsel about a mutually convenient hearing date before noticing any motion.

Applies to

Amended pleading

Must include

redlined version

Redlined or highlighted version required with amended pleadings.

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.

Applies to

Case management conference

Must include

attorney with full authority

Attorney at case management conference must have full decision-making authority.

The attorney appearing at a case management conference need not be lead counsel but must have full authority to make decisions about any issue that may come up during the conference.

Applies to

Case management statement

Must include

full litigation schedule, proposed last day to amend pleadings

Case management statement must include full litigation schedule when motion to dismiss is pending.

If the Court sets an initial case management conference while a motion to dismiss remains pending, the case management statement shall propose a full litigation schedule, including a proposed last day to amend pleadings.

Applies to

Discovery

Must include

discovery cutoff includes all harmonized

Discovery cutoff includes all discovery and related hearings.

The discovery cut-off is the date by which all discovery must be completed, including hearings on discovery motions and any resulting additional discovery ordered at those hearings.

Applies to

Joint discovery letter

Must include

excerpt of specific discovery request or response

Joint discovery letter limited to specific discovery request/response excerpts.

No exhibits may be submitted with the letter other than an excerpt of the specific discovery request or response that is the subject of the letter.

Applies to

Protective order

Must include

indication of model order usage

Protective order filings must indicate if based on model order.

When filing a proposed protective order, at the very beginning of their stipulation or motion, parties must indicate whether they have based their proposed order on one of the Northern District’s model protective orders.

Applies to

Protective order

Must include

redline comparison of deviations

Deviations from model protective order must be shown via redline comparison.

If they have, they must identify any deviations from the model order by submitting as an exhibit a redline comparison of their proposed order and the model order.

Applies to

Exhibits

Must include

notice of electronic filing

All exhibits to motions must be separately filed on ECF with sequential numbering.

All exhibits to motions should be separately filed on ECF. For example, if the motion is Docket No. 30, and the declaration with 10 exhibits is Docket No. 31, Exhibit A would be filed as Docket No. 31-1, Exhibit B would be Docket No. 31-2, and so on.

Applies to

Motion to seal

Must include

local rule certificate

Proposed orders for sealing must identify legal standard and explain compliance.

In addition to complying with Civil Local Rule 79-5(c)(3), the proposed order must identify the applicable legal standard and contain a brief explanation of how that standard and the requirements under Civil Local Rule 79-5(c)(1) are met.

Applies to

Motion to seal

Must include

local rule certificate

Complicated sealing motions require filing the Motion to Seal Summary Table.

If counsel has a complicated sealing motion, counsel shall file the Motion to Seal Summary Table linked on the Standing Orders page of Judge Lin's website.

Applies to

Brief

Exhibits must be cited with declaration, exhibit letter/number, and page/line numbers.

When citing exhibits (including deposition testimony), briefs should identify the declaration to which the exhibit is attached, the letter or number of the exhibit, and the relevant page and, if available, line number (for example: "Smith Decl., Ex. 1, at 22:1-5").

Applies to

Summary judgment motion

Joint or separate statements of undisputed facts prohibited for summary judgment motions

The parties shall not file joint or separate statements of undisputed facts in connection with summary judgment motions.

Applies to

Expert report

Must include

written report, expert disclosure, fr cp 26 a 2 b compliance

Expert witnesses must be disclosed and provide written reports under FRCP 26(a)(2)(B)

All witnesses who will provide expert testimony under Federal Rule of Evidence 702, 703, or 705, whether retained or non-retained, must be disclosed and must provide written reports in compliance with Federal Rule of Civil Procedure 26(a)(2)(B).

Applies to

Expert report

Expert reports must number paragraphs and include table of contents

All expert reports shall number each paragraph to facilitate any motion practice challenging the specifics of any opinions and shall include a table of contents.

Applies to

Expert report

Expert reports must list and number opinions at beginning, with executive summary if applicable

At the beginning of the report, the expert shall list and number each opinion to be proffered in the report and, if applicable, provide an executive opinion of each.

Applies to

Witness disclosure

Must include

percipient witness expert technical knowledge

Percipient witnesses with expert-level technical expertise must be identified by expert disclosure deadline

Any percipient witness who may also testify at trial with technical expertise akin to an independent expert shall be identified by name no later than the date of expert disclosures to allow for deposition, if necessary.

Applies to

Expert disclosure

Must include

written materials relied upon by expert

Expert disclosure must include all written materials relied upon by the expert

At the time of disclosure of a written report, the disclosing party must identify all written materials upon which the expert relies in that report and produce those materials if they have not done so previously.

Applies to

Class action release

Release language must specify claims based only on identical factual predicate

Release language should make clear that the class members are releasing claims based only on the identical factual predicate. Each proposed notice should make that clear as well. Hesse v. Sprint Corp., 598 F.3d 581, 590 (9th Cir. 2010).

Applies to

Class action notice

Notice must specify written objection requirement may be excused for good cause; requires only substantial compliance

If a proposed notice to class members (or prospective class members) requires a written objection as a prerequisite to appearing in court to object to the settlement, the notice must specify that this requirement may be excused upon a showing of good cause. The Court will require only substantial compliance with the requirements for submitting an objection, and this should be made clear in any notice to class members.

Applies to

Class action settlement

Must include

payment disclosure, settlement administrator declaration

Settlement administrator must submit declaration detailing all payments received

The proposed settlement administrator must submit a declaration that (a) states whether they will receive any payments in connection with their administration of the settlement other than the fee described in the preliminary approval papers, including any payments from third-party vendors, (b) if so, describes those payments, (c) regardless whether they are receiving such payments in this case, states whether they have received such payments in the past in connection with other class action settlements, and (d) if so, describes the nature of those payments in the past and whether their practice has changed in accepting those payments.

Applies to

Claim construction statement

Must include

order terms by priority

Court will construe only first ten terms if more than ten submitted without leave.

If more than ten terms are submitted for construction without leave of court, the Court will construe only the first ten terms listed in the joint claim construction statement.

Applies to

Pslra chart

Must include

case number, certificate of service

Securities plaintiffs must file PSLRA chart within 14 days of complaint service.

Within 14 days of service of the complaint (or consolidated complaint), the plaintiff shall file a chart summarizing the information required by 15 U.S.C. § 78u-4(b)(1) and (2), specifically identifying the allegations in the operative complaint as follows: (a) each statement alleged to have been false or misleading; (b) the speaker, date, and medium by which the statement was made; (c) the reason(s) the statement was false or misleading when made; and (d) the facts alleged to show that defendant(s) knew the statement false and/or misleading.

Applies to

Pslra chart

Must include

adhere to operative complaint

PSLRA chart must strictly adhere to operative complaint allegations.

The chart must strictly adhere to the allegations in operative complaint and may not include any new or supplemental information or explanation.

Applies to

Guilty plea application

Must include

caption, judge name, case number

Open plea requires completing Application to Enter Guilty Plea & Order form and providing to government for review before court submission.

If the defendant is entering an open plea, the defendant and defense counsel shall complete the Application to Enter Guilty Plea & Order form on the Criminal Forms portion of the Court’s website, and present the government with a copy of the completed application for review prior to providing the application to the Court at or before the change of plea hearing.

Applies to

Plea agreement

Must include

chambers copy

Plea agreement must be emailed to chambers 2 court days before plea entry by noon.

If a plea is being entered pursuant to a plea agreement, counsel for the defendant shall email a copy of the plea agreement to rflcrd@cand.uscourts.gov no later than noon two court days before the plea is to be entered. Normally, that would be Tuesday at noon.

Applies to

Joint proposed jury instructions

Must include

relevant authority indicated

Must indicate relevant authority and use Ninth Circuit Model Jury Instructions with changes highlighted

The parties should indicate the relevant authority for a proposed instruction. The parties should almost always use the Ninth Circuit Model Jury Instructions and, if a modification is proposed, should clearly identify any changes to the model instructions via highlighting or redline.

Applies to

Proposed supplemental juror questionnaire

Must include

caption, judge name, case number

Proposed supplemental juror questionnaire and jury instructions due 21 days before pretrial conference

File proposed supplemental juror questionnaire and proposed jury instructions 21 Days Before Pretrial Conference

Applies to

Arrangement for transcript

Must include

arrangement confirmed

Daily transcript or real-time reporting must be arranged 14 days before trial

Arrange for daily transcript or real-time reporting 14 Days Before Trial

Applies to

Proposed order for exhibit equipment

Must include

proposed order

Proposed order for exhibit equipment/technology must be filed 14 days before trial

File proposed order for bringing exhibit presentation equipment and technology into the building 14 Days Before Trial

Applies to

Joint list of terms

Must include

joint submission

Joint list of terms must be provided to court reporter 5 days before trial

Provide court reporter with joint list of terms 5 Days Before Trial

Applies to

Jury computer preparation

Must include

exhibit list, admitted exhibits

Jury computer with admitted exhibits must be prepared morning of closing argument

Prepare jury computer with admitted exhibits and exhibit list Morning of Closing Argument

Applies to

Supplemental juror questionnaire

Must include

judge name, case number

Proposed supplemental juror questionnaire questions must be filed on docket and emailed to rflpo@cand.uscourts.gov without argument.

The parties shall file these questions on the docket and submit a Microsoft Word compatible version to rflpo@cand.uscourts.gov. However, no argument may be included in this submission.

Applies to

Jury instructions

Must include

judge name, case number

Parties must file joint proposed jury instructions in proposed order.

The parties shall file a joint set of proposed jury instructions, arranged in the order the parties propose the Court give the instructions.

Applies to

Jury instructions

Must include

judge name, case number

Agreed instructions must be labeled "Stipulated Instruction No. ____ Re ___________".

Instructions upon which the parties agree shall be identified as "Stipulated Instruction No. ____ Re ___________," with the blanks filled in as appropriate.

Applies to

Jury instructions

Must include

judge name, case number

Disputed instructions must be labeled "Disputed Instruction No. ____ Re ____________ Offered by _________________".

If the parties disagree on an instruction, each party's proposed version of the disputed instruction shall be provided and identified as "Disputed Instruction No. ____ Re ____________ Offered by _________________," with the blanks filled in as appropriate.

Applies to

Jury instructions

Must include

judge name, case number

Disputed instruction language must be labeled "Disputed Instruction No. ____ Re ____________ Offered by _________________".

If the parties dispute whether a particular instruction should be given at all, the proponent of the instruction shall provide proposed language, identified as "Disputed Instruction No. ____ Re ____________ Offered by _________________," with the blanks filled in as appropriate.

Applies to

Jury instructions

Must include

judge name, case number

Disputes requiring resolution before opening statements must be raised when filing jury instructions and at pretrial conference.

If either party believes that a dispute about jury instructions must be resolved before opening statements, it must be raised when the proposed jury instructions are filed and at the pretrial conference.

Applies to

Joint pretrial conference statement

Must include

judge name, case number, certificate of service

Joint Pretrial Conference Statement due 14 days before PTC with specific content requirements

The parties shall file a Joint Pretrial Conference Statement that contains the following:

Applies to

Motion in limine

Motions in limine must follow specific identification format

Each motion should be clearly identified as “___________'s Motion in Limine No. __ Re: ____________.”

Applies to

Involved individuals list

Must include

judge name, case number

Involved individuals list must be sent to rflpo@cand.uscourts.gov in Word format.

The parties shall jointly file, and send in Word format to rflpo@cand.uscourts.gov, a list of people involved in the case.

Applies to

Proposed verdict form

Must include

caption, judge name, case number

Joint or separate proposed verdict forms required.

The parties shall file either a joint proposed verdict form, or, if they disagree, separate proposed verdict forms.

Applies to

Exhibit list

Must include

caption, judge name, case number

Joint exhibit list must include 6 specific columns in tabular format.

The parties shall file a joint exhibit list in tabular form with the following columns: (1) exhibit number; (2) name or brief description of the exhibit; (3) the exhibit’s purpose and sponsoring witness; (4) a brief description of any objections to the admissibility of the exhibit or, alternatively, a statement that the parties have stipulated to the exhibit’s admissibility; (5) a brief response to any objections; and (6) a blank column for the Court’s use.

Applies to

Exhibits

Must include

notice of electronic filing

Exhibits must be uploaded to Box.com 5 days before trial, each as separate sequentially-named file.

No later than 5 days before trial, the parties shall send exhibits to Judge Lin’s chambers’ Box.com storage. Each exhibit should be uploaded as a separate file, with each file named so that the exhibits appear sequentially when sorted by file name.

Applies to

Exhibits

Must include

caption

Parties must announce exhibit numbers when used, even if already admitted.

The parties must clearly announce the number of any exhibit used during the proceedings, even if it has already been admitted.

Applies to

Audio video exhibits

Must include

transcript

Agreed-upon transcripts required for audio/video exhibits; failure precludes admission.

The parties must provide agreed-upon written transcripts of the content of any audio or video exhibit to be used at trial. Failure to provide an agreed-upon transcript by the day an exhibit is offered will preclude the exhibit’s admission.

Applies to

Exhibit notebooks

Must include

permission

Exhibit notebooks for jury require prior court permission.

Exhibit notebooks for the jury will not be permitted without prior permission from the Court.

Applies to

Exhibits

Must include

filing deadline

Exhibits must be filed on docket within 10 days of verdict; parties retain copies through appeal.

Upon the conclusion of the trial, and unless otherwise ordered by the Court, exhibits offered during trial shall be filed on the docket within ten days of a trial verdict pursuant to Civil L.R. 5-1(g). Each party shall retain a full set of exhibits through the appellate process.

Applies to

Deposition designations

Must include

certificate of service

Parties must jointly file deposition designations 7 days before trial and email chart to court.

Unless otherwise ordered, no later than 7 days before trial begins, the parties shall jointly file all designations of deposition testimony or other discovery it wishes to offer, as well as any counter-designations or objections to the deposition testimony or discovery offered by any other party. In the same filing, the parties shall attach all excerpts of deposition testimony referenced in their designations and/or counter-designations, including the portions to which there are no objections. In addition to being filed, the designations chart must be emailed to the Court (rflpo@cand.uscourts.gov) in Word format, with a blank column in the table added for the Court's ruling.

Applies to

Pronunciation guide

Must include

certificate of service

Provide court reporter with name/term list 5 days before trial.

No later than five days before the start of trial, the parties must provide the Court Reporter a jointly-created list of names and places as well as any uncommon terms or acronyms that are likely to come up during the trial.

Applies to

Batson objection

Batson objections must be made by asking to retain juror and approach without stating reason.

Any objection to another party’s use of a peremptory challenge under Batson v. Kentucky, 476 U.S. 79 (1986), or its progeny, should be made by asking to retain the juror and then asking to approach, without mentioning the reason for the request.

Applies to

Objection

Speaking objections are forbidden; only state legal grounds unless Court requests elaboration.

Speaking objections are strictly forbidden. In making objections, the parties should state only the legal grounds for the objection and should withhold all further comment or argument unless elaboration is requested by the Court.

Applies to

Prior statement

Must include

hard copies

Hard copies of prior statements/transcripts required for Court and opposing party at sidebar.

If you wish to question a witness about a prior inconsistent or consistent statement, you must have hard copies of the prior statement for the Court and the opposing party to review at sidebar. If you plan to play an audio or video recording, you must have hard copies of the transcript, if one exists. If you do not, the Court cannot determine whether the statement is inconsistent or consistent, and you will not be allowed to read or play the statement.

Applies to

Witness exhibit list

Must include

exhibit list, witness list

Parties must exchange witness and exhibit lists for next two court days at end of each trial day.

At the close of each trial day, the parties shall exchange a list of witnesses for the next two full court days and the exhibits that will be used during direct examination (other than

Applies to

Proposed findings conclusions

Must include

written in plain english, free of pejorative language, factual findings with citations

Revised proposed findings due 7 days after trial, emailed to court in Word format with record citations.

The parties will be required to submit revised proposed findings of fact and conclusions of law 7 days after the trial. All factual findings must be supported by citations to all pertinent portions of the record; therefore, arranging for daily transcripts is strongly recommended. If the citation is to witness testimony and a rough or final transcript is not yet available, the citation can simply be to the date of the testimony. Proposed findings shall be brief, written in plain English, and free of pejorative language. In addition to being filed, the proposed findings must be emailed to the Court (rflpo@cand.uscourts.gov) in Word format.

Applies to

Jury questionnaire objection

Must include

objections to standard questionnaire

Objections to standard jury questionnaire due 21 days before pretrial conference

No later than 21 days before the pretrial conference, the parties should submit objections to any aspect of the standard questionnaire.

Applies to

Joint pretrial statement

Must include

joint filing

Joint pretrial statement due 14 days before pretrial conference

No later than 14 days before the pretrial conference, the parties must file a joint pretrial statement that addresses the items listed in Criminal Local Rule 17.1-1(b).

Applies to

Motion in limine

Must include

filing deadline

Motions in limine due 14 days before pretrial conference; oppositions due 7 days before

Any motions in limine must be filed no later than 14 days before the pretrial conference. Oppositions must be filed at least 7 days before the pretrial conference. No reply papers will be considered.

Applies to

Joint proposed jury instructions

Must include

word format, joint filing, email submission

Joint proposed jury instructions due 7 days before pretrial conference

The parties should file joint proposed jury instructions, and send a copy in Word format to rflpo@cand.uscourts.gov, no later than 7 days before the pretrial conference.

Applies to

Joint proposed jury instructions

Must include

stipulated instruction labeling

Agreed instructions must be labeled "Stipulated Jury Instruction No. __ Re _____"

Instructions on which the parties agree must be identified as "Stipulated Jury Instruction No. __ Re _____," with the blanks filled in as appropriate.

Applies to

Joint proposed jury instructions

Must include

disputed instruction labeling

Disputed instructions must be labeled "Disputed Instruction No. ____ Re ____________ Offered by _________________"

If the parties disagree on an instruction, each party's proposed version of the disputed instruction shall be provided and identified as "Disputed Instruction No. ____ Re ____________ Offered by _________________," with the blanks filled in as appropriate.

Applies to

Joint proposed jury instructions

Must include

one page explanation for disputed instructions

One-page explanation required for each disputed instruction

Following each set of proposed versions of a disputed instruction, each party shall explain, in no more than one page, why the Court should give that party's proposed instruction.

Applies to

Objection to unconscious bias video

Must include

objection statement

Objection to unconscious bias video must be filed (max 1 page double-spaced)

If a party objects to prospective jurors' viewing this video, the party must file a short statement (not to exceed one page double-spaced) explaining its objection.

Applies to

Joint proposed case description

Must include

word format, joint filing, email submission

Joint proposed case description due 7 days before pretrial conference

No later than 7 days before the pretrial conference, the parties should jointly file, and send in Word format to rflpo@cand.uscourts.gov, a proposed description of the case.

Applies to

Joint proposed verdict forms

Must include

word format, joint filing, email submission

Joint verdict forms due 7 days before pretrial conference

No later than 7 days before the pretrial conference, the parties must jointly file, and send in Word format to rflpo@cand.uscourts.gov, either an agreed-upon proposed verdict form or competing proposed verdict forms.

Applies to

Exhibit list

Must include

word format, email submission, individual filing

Exhibit lists due 7 days before pretrial conference

No later than 7 days before the pretrial conference, each party must file, and send in Word format to rflpo@cand.uscourts.gov, a list of exhibits.

Applies to

Witness list

Must include

word format, joint filing, email submission

Witness lists due 7 days before pretrial conference

No later than 7 days before the pretrial conference, the parties must file, and send in Word format to rflpo@cand.uscourts.gov, lists of potential witnesses reasonably anticipated to be called at trial.

Applies to

Involved individual list

Must include

word format, joint filing, email submission

Involved individual lists due 7 days before pretrial conference