Northern District of California Filing Timing and Cure Windows

CRITICALCivil cases

In jury trials, file proposed voir dire questions 21 days before the pretrial conference.

21 Days Before Pretrial Conference File proposed voir dire questions (jury trial only) (¶¶ 12–14)

CRITICALCivil cases

Submit to the Clerk’s office a flash drive containing the specified exhibits 7 days before trial, except exhibits already excluded in limine.

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) (¶ 7)

CRITICALCivil cases

13 Days Before statement and proposed order, any proposed jury instructions, voir Pretrial Conference dire questions, verdict forms, statement of the case, and trial briefs, as well as all motions in limine, oppositions, and/or statements of non- (by Noon) opposition (¶ 6)

13 Days Before statement and proposed order, any proposed jury instructions, voir Pretrial Conference dire questions, verdict forms, statement of the case, and trial briefs, as well as all motions in limine, oppositions, and/or statements of non- (by Noon) opposition (¶ 6)

CRITICALCivil cases

File any motions in limine 21 Days Before.

21 Days Before File any motions in limine (¶¶ 24-26)

CRITICALCivil cases

Provide the other parties with proposed trial materials and a list of those materials 30 days before the pretrial conference.

30 Days Before Pretrial Conference Provide all other parties with proposed exhibits, charts, schedules, summaries, diagrams, and other similar documentary materials to be used case in chief at trial, as well as a list of those materials (¶ 3)

CRITICALCivil cases

In jury trials, file proposed verdict forms 21 days before the pretrial conference.

21 Days Before Pretrial Conference File proposed verdict forms (jury trial only) (¶ 15)

CRITICALCivil cases

A request for leave to designate additional claim terms for construction must be filed no later than two weeks before the joint claim construction statement deadline, and more than ten terms submitted without leave will result in only the first ten being construed plus possible sanctions.

The request must be filed no later than two weeks before the deadline for filing the joint claim construction statement. 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 and sanctions may be imposed.

CRITICALCriminal cases

Motions in limine to be heard before trial must be filed and served at least 14 days before the Pretrial Conference.

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

CRITICALCriminal cases

Oppositions to motions in limine must be filed and served at least 7 days in advance (the rest of the sentence, including the reference event, is cut off in the excerpt).

Any opposition thereto must be filed and served at least seven (7) days

CRITICALCivil cases

Parties must submit a pre-recorded claim construction tutorial (maximum 45 minutes per side) at least 30 days before the claim construction hearing via portable media such as a flash drive or DVD.

At least 30 days before the claim construction hearing, the parties shall, separately or jointly, submit a pre-recorded tutorial of no more than 45 minutes per side that presents a short summary and explanation of the technology at issue (see Patent Local Rule 4-5(a)), via portable media (e.g., flash drive or DVD).

CRITICALCriminal cases

The written request and proposed order to bring technology into the Courthouse must be filed no later than seven days before trial begins.

The parties must file a written request and proposed order no later than seven days prior to the beginning of trial if they wish to bring any such technology into the Courthouse.

CRITICALCriminal cases

The joint pretrial statement must be filed at least seven days before the pretrial conference.

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

CRITICALCivil cases

Leave to present testimony at the claim construction hearing must be sought by administrative motion under Civil Local Rule 7-11 filed at least seven days before the hearing.

If either party wishes to present testimony at the claim construction hearing, counsel must seek leave of Court by filing an administrative motion pursuant to Civil Local Rule 7-11 at least seven days in advance of the hearing.

CRITICALCivil cases

Deadline

7 calendar days

Parties must file the ADR Stipulation and Proposed Order form at least seven calendar days before the case management conference.

Consistent with Civil 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 United States District Court the ADR session.

CRITICALCriminal cases

The transcript order form (CAND 435) must be e-filed at least 14 days before trial.

Should a daily transcript and/or real-time reporting be desired, the parties shall e-file a transcript order form (CAND 435), at least 14 days before trial.

CRITICALCivil cases

Daubert motions must be filed and heard by the dispositive motion hearing deadline.

Daubert motions must be filed and heard by the dispositive motion hearing deadline.

CRITICALCivil cases

All demonstrative exhibits, PowerPoints, and visual aids must be provided to the Court at least 2 days before the claim construction hearing, and duplicative demonstratives are strongly discouraged.

All demonstrative exhibits, PowerPoints, and visual aids must be provided to the Court at least 2 days before the hearing. Demonstrative exhibits, PowerPoints, visual aids that are duplicative of the arguments made in the parties’ claim construction briefs are strongly discouraged.

CRITICALCriminal cases

All parties shall do the following at least seven days prior to the Pretrial Conference:

All parties shall do the following at least seven days prior to the Pretrial Conference:

CRITICALCivil cases

Deadline

7 calendar days

The joint case management statement must be filed at least seven calendar days before the case management conference, unless otherwise ordered by the court.

Parties shall file their joint statement not less than seven calendar days prior to the case management conference, unless otherwise ordered by the court.

CRITICALCriminal cases

Unresolved objections to opening statement visuals, graphics, or exhibits must be filed in writing by the Thursday before trial.

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 close of business by the Wednesday before trial. Any objections not resolved must be filed in writing by the Thursday before trial.

CRITICALCriminal cases

The government and defense counsel must serve and file the required pretrial submissions (trial memorandum, witness list, exhibit lists, and marked exhibits) at least seven days before the pretrial conference.

In addition, the government and, to the extent consistent with defendant’s right to an effective defense, defense counsel shall do the following at least seven days prior to the Pretrial Conference:

CRITICALCriminal cases

Parties must provide the Court Reporter a joint list of names, places, and uncommon terms or acronyms likely to be used at trial no later than 5 days before trial start.

No later than 5 days prior to the start of trial, the parties must provide the Court Reporter a jointly-created list of names, places, and any uncommon terms or acronyms that are likely to come up during the trial.

CRITICALCriminal cases

Counsel must notify Bhavna Sharma of any witness interpreter needs at least 30 days before trial commencement.

If any witness will require an interpreter at trial, counsel shall notify Bhavna Sharma at least 30 days before the commencement of trial.

CRITICALCriminal cases

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

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

CRITICALCivil cases

Applies to

Proposed supplemental juror questionnaire

Parties must file the proposed supplemental juror questionnaire 21 days before the pretrial conference.

Proposed Supplemental Juror Questionnaire (Due 21 Days Before PTC)

CRITICALCivil cases

Joint pretrial conference statement, motions in limine, and oppositions to motions in limine must be filed 14 days before the pretrial conference.

File joint pretrial conference statement, motions in limine and oppositions to motions in limine 14 Days Before Pretrial Conference

CRITICALCriminal cases

Involved individual lists must be jointly filed no later than 7 days before the pretrial conference.

No later than 7 days before the pretrial conference, the parties must jointly file, and send in Word format to vcpo@cand.uscourts.gov, a list of people involved in the case.

CRITICALCriminal cases

Jury instructions, verdict form, case description, exhibit lists, witness lists, and individuals involved list must be submitted 7 days before the pretrial conference.

Jury Instructions, Verdict Form, Proposed 7 Days Before Pretrial Conference Description of the Case, Exhibit Lists, Witness Lists, Individuals Involved List

CRITICALCivil cases

The final brief should be filed no later than 14 days before the scheduled hearing date.

The final brief should be filed no later than 14 days before the scheduled hearing date.

CRITICALCriminal cases

Witness lists must be filed no later than 7 days before the pretrial conference.

No later than 7 days before the pretrial conference, the parties must file, and send in Word format to vcpo@cand.uscourts.gov, lists of potential witnesses to be called at trial, other than solely for impeachment or rebuttal.

CRITICALCivil cases

All trial exhibits must be uploaded to the Clerk’s designated online location no later than 5 days before trial.

No later than 5 days before trial, the parties shall upload official copies of all exhibits to an online location designated by the Clerk’s Office, with each exhibit as a separate file, and with each file named so that the exhibits appear sequentially when sorted by file name.

CRITICALCivil cases

Applies to

Proposed jury instructions

Parties must file proposed jury instructions 21 days before the pretrial conference.

Proposed Jury Instructions (Due 21 Days Before PTC)

CRITICALCriminal cases

Supplemental jury questionnaire questions and objections to the jury questionnaire must be submitted 21 days before the pretrial conference.

Supplemental Jury Questionnaire Questions, 21 Days Before Pretrial Conference Objections to Jury Questionnaire

CRITICALCivil cases

Parties must jointly file all deposition/discovery designations, counter-designations, and objections no later than 7 days before trial unless otherwise ordered.

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.

CRITICALCriminal cases

All trial exhibits must be uploaded to the Clerk’s Office online location no later than 5 days before trial.

No later than 5 days before trial, each side shall upload to an online location designated by the Clerk’s Office a copy of all exhibits, with each exhibit as a separate file, and with each file named so that the exhibits appear sequentially when sorted by file name.

CRITICALCriminal cases

Discovery cut-off is 14 days before pretrial conference; material disclosed later is excluded unless good cause is shown and disclosure is made within 24 hours of receipt.

Absent a contrary order from the Court, the discovery cut-off date is 14 days before the pretrial conference. Any material disclosed after that date will be excluded unless the disclosing party: (i) can show good cause for why it was not sought, obtained, and disclosed sooner; and (ii) discloses it within 24 hours of receipt of the material.

CRITICALCivil cases

Applies to

Motion for attorneys fees

Motions for attorneys' fees in class settlement final approval must be filed at least 14 calendar days before the 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 14 days before the deadline for objecting to the settlement.

CRITICALCriminal cases

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

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

CRITICALCivil cases

Pretrial filings in non-jury civil cases must be submitted 7 days before the pretrial conference.

In non-jury cases, all pretrial filings are due 7 days before the pretrial conference.

CRITICALCriminal cases

Oppositions to motions in limine must be filed 7 days before pretrial conference.

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

CRITICALCivil cases

Final briefs for any motion must be filed at least 14 days before the hearing.

The final brief for any motion should be filed at least 14 days prior to the hearing on the motion.

CRITICALCivil cases

Filings with more than 10 ECF attachments must be uploaded to the Clerk’s designated online location within 3 days of filing.

When a document filed on ECF is accompanied by more than 10 attachments, the filing party must upload those documents within 3 days onto an online location designed by the Clerk’s Office.

CRITICALCriminal cases

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

Arrangement of Daily Transcript or Real- 14 Days Before Trial Time Reporting

CRITICALCriminal cases

Should a daily transcript and/or real-time reporting be desired, the parties shall make arrangements with the Court Reporter Supervisor, Transcripts@cand.uscourts.gov at least 14 days before the trial date.

Should a daily transcript and/or real-time reporting be desired, the parties shall make arrangements with the Court Reporter Supervisor, Transcripts@cand.uscourts.gov at least 14 days before the trial date.

CRITICALCivil cases

In FLSA cases, the presumptive deadline to file a motion for conditional certification is 28 days after the initial case management conference, unless a tolling agreement is reached.

In FLSA cases, the presumptive deadline for filing a motion for conditional certification of a collective is 28 days from the date of the initial case management conference, unless the parties reach a tolling agreement.

CRITICALCivil cases

Applies to

Joint pretrial conference statement

Parties must file the joint pretrial conference statement 14 days before the pretrial conference.

Joint Pretrial Conference Statement (Due 14 Days Before PTC)

CRITICALCivil cases

First brief for cross-motions for summary judgment must be filed no later than 7 weeks before the scheduled hearing date.

typically the parties must file the first brief no later than 7 weeks before the scheduled hearing date

CRITICALCivil cases

Parties must upload all admitted trial exhibits to the Clerk’s designated online location within 7 days of the admissibility ruling, including files not supported by CM/ECF, and notify the courtroom deputy after uploading.

Within 7 days of the Court ruling on the admissibility of exhibits used at trial, the parties will be required to upload to an online location designated by the Clerk’s office all exhibits admitted into evidence to chambers, and to notify Bhavna Sharma, Judge Chhabria’s Courtroom Deputy, once uploaded. Those files should include any files that are not supported by CM/ECF.

CRITICALCivil cases

Involved individuals list, proposed verdict forms, statement of the case, and exhibit list must be filed 7 days before the pretrial conference.

File involved individuals list, proposed verdict forms, statement of the case, exhibit list 7 Days Before Pretrial Conference

CRITICALCivil cases

Applies to

Post distribution accounting

Class counsel must file a Post-Distribution Accounting within 21 calendar days after full distribution of settlement funds to class members, prior to 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.