Northern District of California Filing Timing and Cure Windows

CRITICALCivil cases

Opposition papers must be filed and served at least 9 days before the Pretrial Conference for cases tried in a week, or 16 days before it for all other cases.

Any party opposing such a motion in limine shall file and serve its opposition papers no later than nine (9) days prior to the Pretrial Conference for cases to be tried in a week and sixteen (16) days for all others.

CRITICALCivil cases

Cross-motions for summary judgment limited to 25 pages and must be filed 14 days after the motion.

Any cross-motion for summary judgment shall be contained within the opposition to any motion for summary judgment, shall contain twenty- five (25) pages or less, and shall be filed fourteen (14) days after the filing of the motion.

CRITICALCivil cases

Motions in limine to be heard before trial must be exchanged, but not filed, at least 28 days before the Pretrial Conference.

Any party wishing to have motions in limine heard prior to the commencement of trial must exchange (but not file) the same no later than twenty-eight (28) days prior to the date set for the Pretrial Conference.

CRITICALCivil cases

Parties must refile documents ordered unsealed by the Court within 7 days of the Court's order.

If the Court orders a document, or portions of that document, be unsealed, the parties (and not the Clerk of Court) shall re-file that document on the docket within 7 days of the Court’s order.

CRITICALCivil cases

Joint case management statements must be filed 7 days before initial CMC; updated joint statements 7 days before subsequent CMCs. Pro se litigants may file separate statements.

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. In cases involving litigants unrepresented by counsel, the parties may file separate case management statements.

CRITICALCivil cases

Deadline

5 business days

The parties must file a Joint Statement five business days before the compliance deadline, confirming timely meet-and-confer compliance or explaining any failure to comply.

Five (5) business days prior to the date of the compliance deadline, the parties shall file a Joint Statement confirming they have complied with this requirement or explaining their failure to comply.

CRITICALCriminal cases

Unresolved motions in limine must be filed at least 7 days before the pretrial conference.

Any motions not resolved shall be filed not less than seven (7) days prior to the pretrial conference.

CRITICALCivil cases

The joint Pretrial Conference Statement is due 15 days before the Pretrial Conference.

The Statement is due fifteen (15) days prior to the Pretrial Conference.

CRITICALCriminal cases

A joint pretrial conference statement must be filed at least 7 days before the pretrial conference, addressing all 15 issues in Local Rule 17.1-1(b).

Counsel shall comply with Local Rule 17.1-1(b) and file a joint pretrial conference statement not less than seven (7) days prior to the pretrial conference addressing all fifteen (15) issues identified therein.

CRITICALCivil cases

Reply to summary judgment motion limited to 15 pages and must be filed 7 days after opposition.

The reply to a motion may contain up to fifteen (15) pages, shall include the opposition to any cross-motion, and shall be filed seven (7) days after the filing of the opposition.

CRITICALCriminal cases

Motions in limine must be served (not filed) 21 days before the pretrial conference; oppositions 14 days before.

Unless otherwise ordered, not less than twenty-one (21) days prior to the pretrial conference, the parties shall serve, but not file, motions in limine. Not less than fourteen (14) days prior to the pretrial conference, the parties shall serve, but not file, any oppositions thereto.

CRITICALCivil cases

The binder is due by noon at least seven days before the Pretrial Conference for cases to be tried in a week, or fourteen days before for all other cases.

To provide the Court with sufficient time to prepare, the binder of documents is due by noon no less than seven (7) days prior to the Pretrial Conference for cases to be tried in a week and fourteen (14) days for all other cases.

CRITICALCivil cases

Joint Pretrial Statement and Order must be filed at least 14 days before the 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

CRITICALCivil cases

Trial briefs must be submitted at least 7 days before trial.

Each party shall submit a trial brief, not to exceed 15 pages, at least 7 days before the commencement of trial.

CRITICALCivil cases

Jury materials must be filed and served at least 7 days before the final Pretrial Conference.

At least 7 days before the final Pretrial Conference, the parties shall file and serve the following materials.

CRITICALCivil cases

Deadline

21 calendar days

Motions in limine must be filed at least 21 calendar days before the pretrial conference.

Except as otherwise ordered, any motions in limine must be filed at least 21 calendar days prior to the pre-trial conference.

CRITICALCivil cases

Deadline

7 calendar days

Joint proposed jury instructions must be filed at least 7 calendar days before the pretrial conference in jury trials.

At least 7 calendar days prior to the pre-trial conference in a jury trial, unless otherwise ordered, the parties shall file a a joint set of proposed instructions on substantive issues of law.

CRITICALCivil cases

Admitted trial exhibits must be filed on the docket within 10 days of the verdict.

Exhibits offered and admitted during trial shall be filed on the docket within ten days of a trial verdict pursuant to Civil Local Rule 5-1 (g).

CRITICALCivil cases

Deadline

7 calendar days

Trial brief must be filed 7 calendar days before the final pretrial conference.

file seven calendar days in advance of the final pretrial conference the following: ... c. Each side's trial brief.

CRITICALCivil cases

Deadline

14 calendar days

Oppositions to motions in limine must be filed at least 14 calendar days before the pretrial conference.

Any oppositions must be filed at least 14 calendar days prior to the pre-trial conference.

CRITICALCivil cases

Proposed findings must be filed at least 7 days before the pretrial conference.

Each party shall file at least 7 days prior to the Pretrial Conference proposed Findings of Fact and Conclusions of Law

CRITICALCivil cases

Deadline

7 calendar days

Joint proposed special verdict form must be filed at least 7 calendar days before the pretrial conference in jury trials.

At least 7 calendar days prior to the pre-trial conference in a jury trial, unless otherwise ordered, the parties shall file a joint proposed special verdict form.

CRITICALCivil cases

Deadline

2 calendar days

Deposition packet must be provided to Court at least 2 calendar days before proffer.

provide it to the Court at least two calendar days before the proffer will be used.

CRITICALCivil cases

Deadline

7 calendar days

Joint proposed final pretrial order must be filed 7 calendar days before the final pretrial conference.

file seven calendar days in advance of the final pretrial conference the following: a. ... joint proposed final pretrial order

CRITICALCivil cases

Replies to motions in limine must be filed at least 7 calendar days before the pretrial conference.

Any replies must be filed at least 7 calendar prior to the pre-trial conference.

CRITICALCivil cases

Deadline

7 calendar days

Collated motion in limine and opposition must be filed at least 7 calendar days before the pretrial conference.

file each paired set as one document at least seven calendar days before the conference.

CRITICAL

Joint case management statement must be filed one week before the conference.

The *joint* case management statement must be filed one week in advance of the case management conference date.

CRITICALCivil cases

Motions in limine moving papers must be served at least 32 days before pretrial conference, not filed at that time.

At least thirty-two (32) days before the pretrial conference, serve – but do not file – the moving papers.

CRITICALCivil cases

First notice of objection must be provided one court day before trial.

The first notice of objection shall be provided one court day prior to the first day of trial.

CRITICALCivil cases

When the oppositions are received, the moving party should collate the motion and opposition together, back to back, and then file the paired sets (each set under separate cover) at least twenty-one (21) days prior to the conference.

When the oppositions are received, the moving party should collate the motion and opposition together, back to back, and then file the paired sets (each set under separate cover) at least twenty-one (21) days prior to the conference.

CRITICALCivil cases

Oppositions to motions in limine must be served at least 25 days before pretrial conference, not filed at that time.

At least twenty-five (25) days before the conference, serve – but do not file – the oppositions.

CRITICALCivil cases

Parties must file a joint pretrial conference statement at least 21 days before the final pretrial conference.

At least twenty-one (21) days prior to the final pretrial conference, the parties shall file a joint pretrial conference statement.

CRITICAL

The parties must file a joint case management statement no later than fourteen (14) days before the further case management conference.

No later than fourteen (14) days before the further case management conference, the parties shall file a joint case management statement, not to exceed ten (10) pages, containing the following information:

CRITICAL

Deadline

48 hours

Demonstratives and audio-visual presentations must be exchanged with opposing counsel and submitted to the Court at least 48 hours before the hearing, or by Friday at 5:00 p.m. if the deadline falls on a weekend.

Any demonstratives or audio-visual presentations to be used at a hearing must be exchanged with opposing counsel and submitted to the Court at least 48 hours before the hearing. If this date falls on a weekend, parties are required to exchange and submit them by Friday at 5:00 p.m.

CRITICAL

Summary judgment, Daubert, and class certification motions must have briefing schedules allowing at least 28 days between the final filing and the hearing.

The briefing schedule for summary judgment, Daubert, and class certification motions shall allow at least 28 days between the final filing and the hearing date.

CRITICAL

Motions must be filed within 14 days after a hearing date is reserved, or the reservation expires without notice and a new reservation must be obtained before filing.

Once a hearing date is reserved, the motion(s) shall be filed within fourteen (14) days thereafter. Failure to timely file any motion will result in the expiration of the hearing reservation without further notice to the parties, and the moving party must obtain a new reservation before filing the motion(s).

CRITICAL

In class settlements, the motion for attorneys' fees must be filed at least 35 days before the objection deadline, or the Court will order notices re-sent.

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. The Court will order parties to re-send notices if the motion for attorneys’ fees is filed late.

CRITICAL

The fourth brief in cross-motion summary judgment briefing must be filed at least 28 days before the hearing.

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

CRITICAL

A joint case management statement must be prepared and filed 14 days before any case management or status conference.

Parties must prepare and file a joint case management statement fourteen (14) days prior to the date of any case management or status conference.

CRITICAL

The parties must file a joint status report at least 7 days before the opening summary judgment brief is filed.

At least seven (7) days before the opening brief is filed, the parties shall file a concise joint status report that identifies: (1) the claims, counterclaims, and defenses that remain to be decided; (2) the pleading in which each claim, counterclaim, or defense is asserted; and (3) each claim, counterclaim, defense, or issue for which a party will move for summary judgment.

CRITICAL

Class counsel must file a Post-Distribution Accounting within 21 days after settlement funds are fully distributed to class members (before cy pres 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.

CRITICAL

Motion briefing schedules must generally allow at least 14 days between the final filing and the hearing, though parties may stipulate to a different schedule with Court approval.

The parties may stipulate to and request Court approval of a briefing schedule that differs from that set forth in the Civil Local Rules, noting the differences in their stipulation. Generally, the briefing schedule for any motion shall allow at least fourteen (14) days between the final filing and the hearing date.

CRITICALCriminal cases

Reply briefs are not permitted for motions in limine.

Reply briefs are not permitted.

CRITICALCriminal cases

A joint pretrial statement shall be filed at least seven days prior to the Pretrial Conference and shall address all of the items listed in Criminal Local Rule 17.1-1(b).

A joint pretrial statement shall be filed at least seven days prior to the Pretrial Conference and shall address all of the items listed in Criminal Local Rule 17.1-1(b).

CRITICALCivil cases

Motions in limine must be filed at least 21 days before the pretrial conference.

Motions in limine must be filed with the Court no later than 21 days prior to the date set for the Pretrial Conference.

CRITICALCriminal cases

Opposition to motions in limine must be filed at least 7 days before Pretrial Conference.

Any opposition thereto must be filed and served at least seven (7) days before the Pretrial Conference.

CRITICALCivil cases

Parties must disclose witnesses and exhibits by noon the day before they intend to call them.

The parties shall disclose the witnesses whom they will call and the exhibits to be introduced through those witnesses (except exhibits to be used solely for impeachment purposes) by noon the day before the parties intend to call those witnesses.

CRITICALCivil cases

Pretrial filings must be filed no later than 14 days before the pretrial conference.

Unless otherwise ordered, the parties shall file the documents listed in paragraphs 6–15 (i.e., joint pretrial statement and proposed order, proposed jury instructions, proposed voir dire questions, proposed verdict forms, proposed statement of the case, and trial briefs) no later than 14 days before the pretrial conference.

CRITICALCriminal cases

Motions in limine must be filed at least 14 days before Pretrial Conference.

Any party wishing to have motions in limine heard prior to the commencement of trial must file and serve them at least fourteen (14) days prior to the Pretrial Conference.

CRITICALCivil cases

Opposition to motions in limine must be filed at least 14 days before the pretrial conference.

Any party opposing a motion in limine shall file its opposition papers (or statement of non-opposition) no later than 14 days prior to the Pretrial Conference.