Northern District of California Filing Timing and Cure Windows

CRITICALCriminal cases

Deadline

7 calendar days

Motions for or relating to sentencing must be filed at least 7 calendar days before Judgment and Sentencing.

Motions for or relating to sentencing shall be filed at least seven (7) calendar days before the date on which Judgment and Sentencing is scheduled.

CRITICALCivil cases

All trial exhibits must be filed within ten days of verdict; parties must meet and confer to coordinate.

Civil Local Rule 5-1(g) requires the parties to file all exhibits offered during trial within ten days of a trial verdict. The parties must meet and confer to coordinate filing the exhibits in compliance with this Rule.

CRITICALCriminal cases

Proposed plea agreement or application must be submitted by 9:00 a.m. the Friday before the change of plea hearing.

If the plea is being entered pursuant to a plea agreement, the parties shall submit the proposed Plea Agreement or the Application to Enter a Guilty Plea to Judge White by no later than 9:00 a.m. the Friday prior to the change of plea hearing.

CRITICALCivil cases

Deadline

14 calendar days

Motions in limine and oppositions must be filed 14 calendar days before the Final Pretrial Conference.

The motions *in limine* and all oppositions thereto must be filed no later than **fourteen (14)** calendar days prior to the Final Pretrial Conference,

CRITICALCriminal cases

Opposition briefs must be filed within 14 days after the motion is filed.

Opposition briefs shall be filed and served not more than **fourteen (14)** days after the motion is filed and served.

CRITICALCriminal cases

Deadline

5 calendar days

Applies to

Response to sentencing memorandum

Responses to Sentencing Memoranda must be filed 5 calendar days before sentencing.

Responses to Sentencing Memoranda shall be filed at least five (5) calendar days before the date on which Judgment and Sentencing is scheduled.

CRITICALCivil cases

Deadline

14 calendar days

Proposed final pretrial order must be filed 14 calendar days before the final pretrial conference.

the parties shall meet and confer in person and prepare a jointly signed proposed final pretrial order to be filed fourteen (14) calendar days in advance of the final pretrial conference.

CRITICALCriminal cases

Opposition briefs must be filed and served no more than 14 days after the motion is filed and served.

Opposition briefs shall be filed and served not more than fourteen (14) days after the motion is filed and served.

CRITICALCriminal cases

Deadline

7 calendar days

Sentencing motions must be filed at least 7 calendar days before sentencing.

Motions for or relating to sentencing shall be filed at least **seven (7)** calendar days before the date on which Judgment and Sentencing is scheduled.

CRITICALCriminal cases

Deadline

5 calendar days

Responses or objections to sentencing motions must be filed at least 5 calendar days before Judgment and Sentencing.

Responses or objections to motions relating to sentencing shall be filed at least five (5) calendar days before the date on which Judgment and Sentencing is scheduled.

CRITICALCriminal cases

Applies to

Exhibits

Parties must file all trial exhibits within ten days of the verdict and meet and confer to coordinate filing.

Criminal Local Rule 55-1 adopts Civil Local Rule 5-1(g), which requires the parties to file all exhibits offered during trial within ten days of a trial verdict. The parties must meet and confer to coordinate filing the exhibits in compliance with this Rule.

CRITICALCriminal cases

Reply briefs must be filed and served no more than 7 days after the opposition is due.

Reply briefs shall be filed and served not more than seven (7) days after the opposition is due.

CRITICALCivil cases

Deadline

14 calendar days

Motions in limine and oppositions must be filed 14 calendar days before the final pretrial conference.

The motions in limine and all oppositions thereto must be filed no later than fourteen (14) calendar days prior to the Final Pretrial Conference

CRITICALCriminal cases

sentencing or motions in limine, shall be filed at least thirty-five (35) days in advance of the hearing date.

sentencing or motions in limine, shall be filed at least thirty-five (35) days in advance of the hearing date.

CRITICALCriminal cases

Applies to

Pretrial order

Joint pretrial order must be filed 14 days before Final Pretrial Conference.

the joint pretrial conference order, which shall be filed fourteen (14) days in advance of the Final Pretrial Conference

CRITICALCivil cases

Applies to

Pretrial materials

Proposed findings of fact and conclusions of law, trial brief, deposition excerpts, interrogatory excerpts, and exhibit objections list must be filed 14 calendar days before the final pretrial conference.

In addition to the joint pretrial order, fourteen (14) days in advance of the final pretrial conference, the parties shall file the following materials: a) Proposed findings of fact and conclusions of law. b) A trial brief not to exceed ten (10) pages on any controlling issues of law. c) Excerpts of any deposition designations that are to be used in a parties’ case in chief as to which there are objections. d) Excerpts of responses to interrogatories and requests for admissions that are to be used in a party’s case-in-chief as to which there are objections. e) A list of objections to each exhibit, in tabular form.

CRITICALCriminal cases

Motions (except sentencing and in limine) must be filed at least 35 days before the hearing.

All motions, except those pertaining to sentencing or motions *in limine*, shall be filed at least **thirty-five (35)** days in advance of the hearing date.

CRITICALCivil cases

Deadline

14 calendar days

Proposed final pretrial order must be filed 14 calendar days before the final pretrial conference.

the parties shall meet and confer in person and prepare a jointly signed proposed final pretrial order to be filed fourteen (14) calendar days in advance of the final pretrial conference.

CRITICALCriminal cases

Deadline

7 calendar days

Sentencing Memoranda, if submitted, must be filed at least 7 calendar days before Judgment and Sentencing.

If a party chooses to submit a Sentencing Memorandum to the Court, it must be filed at least seven (7) calendar days before the date on which Judgment and Sentencing is scheduled.

CRITICALCriminal cases

Reply briefs must be filed within 7 days after the opposition deadline.

Reply briefs shall be filed and served not more than **seven (7)** days after the opposition is due.

CRITICALCivil cases

Motion to remand based on non-jurisdictional defects must be filed within 30 days after removal.

Any motion to remand the action to state court based on any defect other than lack of subject matter jurisdiction shall be filed within thirty (30) days after removal.

CRITICALCivil cases

Motion for leave to designate additional claim construction terms must be filed at least two weeks before joint statement deadline and must show good cause.

If a party genuinely believes that it will require that more than approximately ten terms be construed, that party may move pursuant to Civ. L. R. 7-11 for leave to designate additional terms for construction. The requesting party must demonstrate good cause and explain why other methods of limiting the claims at issue (such as selecting representative claims or grouping claims by issues presented) would be ineffective. The request must be filed no later than two weeks before the deadline for filing the joint claim construction statement.

CRITICALCivil cases

Deadline

7 calendar days

Case management statement must be filed 7 calendar days before the subsequent case management conference.

In the case management statement to be filed 7 calendar days prior to the conference, the parties must address the following topics:

CRITICALCivil cases

Removing defendant must file a submission within 10 days of removal.

Upon removal of this action, the removing defendant or defendants shall, within ten (10) days of the date of removal, file and serve a submission providing the following information: 1. Whether all defendants served at the time of removal joined in the notice of removal. 2. Whether the notice of removal was dated more than thirty (30) days after the first defendant was served. 3. If the action has been removed on the grounds of diversity jurisdiction, whether any defendant served at the time of removal is a citizen of California. 4. If the action has been removed on the grounds of diversity jurisdiction, the citizenship of all named plaintiffs and all named defendants (including the citizenship of all members or partners in any non-corporate party).

CRITICALCivil cases

Opening briefs for claim construction must be filed at least six weeks before the claim construction hearing.

The patent holder will act as the moving party for the purposes of claim construction. Opening briefs in support of claim construction must be filed at least six weeks before the date of the claim construction hearing, and the briefing schedule set forth at Patent L. R. 4-5 will apply.

CRITICALCivil cases

Proof of service must be filed within 95 days after filing the complaint.

Within 95 days after the filing of the complaint, you must file proof of service indicating which defendants were served within the 90 days allowed under Rule 4 (m) and showing, in accordance with Rule 4 (i), how each of those defendants was served (for example, by attaching appropriate certificates of service). You must also show cause why a defendant not served within the 90 days allowed under Rule 4 (m) should not be dismissed without prejudice.

WARNING

The parties may file a joint letter brief regarding retaining confidentiality within 21 days of the initial challenge notice or 14 days after agreeing that meet-and-confer will not resolve the dispute, whichever comes first.

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.

WARNING

The parties may stipulate to extend the filing deadline for the Omnibus Stipulation and Omnibus Motion to 21 days after briefing concludes; longer extensions require Court approval.

The parties may, by stipulation filed on the docket, extend the time to file the Omnibus Stipulation and Omnibus Motion to 21 days after the conclusion of briefing. Extensions beyond 21 days must be approved by the Court.

WARNINGCivil cases

Deadline

21 calendar days

Joint proposed pretrial order must be lodged and served at least 21 calendar days before the pretrial conference.

At least 21 calendar days prior to the pre-trial conference, unless otherwise ordered, the parties shall lodge and serve a joint proposed pre-trial order, signed and vetted by all counsel, containing the following information:

WARNINGCivil cases

Deadline

35 calendar days

Witness lists must be lodged and served at least 35 calendar days before the pretrial conference.

At least 35 calendar days prior to the pre-trial conference, unless otherwise ordered, the parties shall lodge and serve a list of all witnesses likely to be called at trial

WARNINGCivil cases

Deadline

28 calendar days

Joint juror questionnaire, proposed voir dire questions, and joint simplified statement must be filed at least 28 calendar days before jury selection.

At least 28 calendar days prior to the date for jury selection, unless otherwise ordered, the parties shall file (1) a joint juror questionnaire, (2) a set of proposed voir dire questions, and (3) a joint simplified statement of the case to be included in the questionnaire and read to the jury during voir dire.

WARNINGCivil cases

Trial briefs in jury cases are optional but must be filed at least 7 days before trial if submitted.

Trial briefs in jury cases are optional and are most helpful to the Court on any controlling issues of law. They must be filed at least 7 days prior to the commencement of trial.

WARNINGCivil cases

Deadline

10 calendar days

Transcript arrangements must be made at least 10 calendar days before trial.

at least ten calendar days prior to the trial date

WARNINGCivil cases

Deadline

2 calendar days

Final deposition packet must be provided to the Court at least two calendar days before use and must include objections and responses.

Counsel for the proffering party must then assemble a final packet, including objections and responses to objections, and provide it to the Court at least two calendar days before the proffer will be used.

WARNINGCivil cases

Deadline

35 calendar days

Exhibit lists must be lodged and served at least 35 calendar days before the pretrial conference.

At least 35 calendar days prior to the pre-trial conference, unless otherwise ordered, the parties shall lodge and serve separate lists 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;

WARNINGCivil cases

Transcript order form must be e-filed at least 14 days before trial if daily transcript or real-time reporting is desired.

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.

WARNINGCivil cases

Parties must file a written request and proposed order at least seven days before trial to bring additional technology into the courthouse.

Should the parties wish to utilize additional technology, the United States Marshals Service requires a court order to allow equipment into the Courthouse. 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.

WARNINGCivil cases

The Court typically withholds 10% to 25% of attorney’s fees granted at final approval until the post-distribution accounting is 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.

WARNINGCivil cases

Parties must stipulate to a briefing schedule that allows at least 21 days between the final filing and the hearing.

Stipulate in advance to a schedule that allows at least 21 days between the final filing and the hearing.

WARNINGCivil cases

Deadline

14 calendar days

Should a daily transcript and/or realtime reporting be desired, the parties shall make arrangements with the Court Reporter Supervisor at (415) 522-2079 at least 14 calendar days prior to the trial date.

Should a daily transcript and/or realtime reporting be desired, the parties shall make arrangements with the Court Reporter Supervisor at (415) 522-2079 at least 14 calendar days prior to the trial date.

WARNINGCivil cases

Trial briefs are optional; if filed, must be filed at least 5 days before trial.

Trial briefs are optional, but any party wishing to file a trial brief must do so not less than five (5) days prior to the commencement of trial.

WARNINGCivil cases

Deposition and discovery designations must be filed at least 5 days before trial.

Unless otherwise ordered, at least five (5) days before the commencement of trial, the parties shall file and serve any excerpts of deposition testimony or other discovery to be offered at trial, other than solely for impeachment or rebuttal.

WARNINGCivil cases

Jury voir dire questions, proposed jury instructions, and proposed jury verdict forms must be filed at least 5 days before pretrial conference.

Unless otherwise ordered, at least five (5) days prior to the pretrial conference, the parties shall file and serve: (1) Jury Voir Dire Questions; (2) Proposed Jury Instructions; and (3) Proposed Jury Verdict Forms.

WARNINGCriminal cases

Disputes about jury instructions that must be resolved before opening statements must be raised when the proposed jury instructions are filed and at the 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. Otherwise, the Court will typically discuss jury instructions with the parties during trial.

WARNINGCriminal cases

The United States Marshal requires a court order to allow equipment into the courthouse. To request such an order, the parties should contact the Courtroom Deputy no later than 10 days before trial.

The United States Marshal requires a court order to allow equipment into the courthouse. To request such an order, the parties should contact the Courtroom Deputy no later than 10 days before trial.

WARNING

no later than 14 days before the hearing date.

no later than 14 days before the hearing date.

WARNINGCriminal cases

Parties must contact the courtroom deputy regarding courtroom layout and technology no later than 10 days before trial.

Contact Courtroom Deputy Regarding 10 Days Before Trial

WARNING

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

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

WARNINGCriminal cases

Parties should submit objections to the standard criminal prospective juror questionnaire no later than 21 days before the pretrial conference.

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

WARNING

Motions to increase page limits are rarely granted and must be filed no later than two court days before the brief is due.

Motions to increase page limits will rarely be granted, but any such motion must be filed no later than two court days before the brief is due.