Northern District of California Pre-Motion Conference Requirements

CRITICALCivil cases

Discovery dispute motions require prior leave of Court unless specifically exempted.

Except as specifically set forth below, no motions regarding discovery disputes may be filed without prior leave of Court.

CRITICALCivil cases

Pre-filing letter must be submitted 7 business days before proposed conference date.

The moving party’s letter shall be submitted at least seven (7) business days prior to the proposed conference date and must explain the grounds for the motion.

CRITICALCivil cases

Only one summary judgment motion allowed per side without court leave.

Only one summary judgment motion may be filed collectively per side, absent leave of court.

CRITICALCivil cases

Pre-filing conference required before summary judgment motions.

The moving party must file a letter, with a copy to Chambers and the opposing parties, to request a pre-filing conference, and propose a date and time for such conference.

CRITICALCivil cases

Opposition parties must respond to pre-filing letter within 3 business days.

Within three (3) business days after receipt of the letter, any party who will oppose the motion must file a written response addressing the substance of the moving party’s letter, with a copy to Chambers.

CRITICALCivil cases

Pre-filing conferences must be attended in person; remote appearances not permitted.

All pre-filing conferences are held in person and appearances via telephone and videoconference will not be allowed.

CRITICAL

Except where the standing order provides otherwise, discovery-dispute motions may not be filed without prior court leave.

Except as specifically set forth below, no motions regarding discovery disputes may be filed without prior leave of Court.

CRITICAL

Except for the stated exceptions, a Rule 56 motion requires prior court leave, requested through a letter to Chambers and opposing parties that proposes a conference date and time.

Except as specifically set forth below, no motion for summary judgment pursuant to Rule 56 of the Rules of Civil Procedure may be filed without prior leave of Court. The moving party must file a letter, with a copy to Chambers and the opposing parties, to request a pre-filing conference, and propose a date and time for such conference.

CRITICAL

The moving party’s letter is due at least seven business days before the proposed conference and is limited to three single-spaced pages; an opposing party must respond within three business days after receipt, also within three single-spaced pages.

The moving party’s letter shall be submitted at least seven (7) business days prior to the proposed conference date and must explain the grounds for the motion. The letter shall be no more than three single-spaced pages in length, including any attached exhibits or other supporting papers. Within three (3) business days after receipt of the letter, any party who will oppose the motion must file a written response addressing the substance of the moving party’s letter, with a copy to Chambers and the moving party. This response shall also be limited to three single-spaced pages, including any attached exhibits or supporting papers.

CRITICAL

Only one summary judgment motion may be filed collectively per side unless the Court grants leave; a side with multiple parties may request leave, an issue addressed at the pre-filing conference.

Only one summary judgment motion may be filed collectively per side, absent leave of court. Leave of court to file more than one motion may be requested if multiple parties comprise one or both sides. This issue will be addressed at the Pre-filing Conference.

CRITICALCivil cases

Pre-filing conference required before summary judgment motions.

The moving party must file a letter, with a copy to Chambers and the opposing parties, to request a pre-filing conference, and propose a date and time for such conference.

CRITICALCivil cases

Opposition parties must respond to pre-filing letter within 3 business days.

Within three (3) business days after receipt of the letter, any party who will oppose the motion must file a written response addressing the substance of the moving party’s letter, with a copy to Chambers.

CRITICALCivil cases

Pre-filing conferences must be attended in person; remote appearances not permitted.

All pre-filing conferences are held in person and appearances via telephone and videoconference will not be allowed.

CRITICAL

Except where the standing order provides otherwise, discovery-dispute motions may not be filed without prior court leave.

Except as specifically set forth below, no motions regarding discovery disputes may be filed without prior leave of Court.

CRITICAL

Except for the stated exceptions, a Rule 56 motion requires prior court leave, requested through a letter to Chambers and opposing parties that proposes a conference date and time.

Except as specifically set forth below, no motion for summary judgment pursuant to Rule 56 of the Rules of Civil Procedure may be filed without prior leave of Court. The moving party must file a letter, with a copy to Chambers and the opposing parties, to request a pre-filing conference, and propose a date and time for such conference.

CRITICAL

The moving party’s letter is due at least seven business days before the proposed conference and is limited to three single-spaced pages; an opposing party must respond within three business days after receipt, also within three single-spaced pages.

The moving party’s letter shall be submitted at least seven (7) business days prior to the proposed conference date and must explain the grounds for the motion. The letter shall be no more than three single-spaced pages in length, including any attached exhibits or other supporting papers. Within three (3) business days after receipt of the letter, any party who will oppose the motion must file a written response addressing the substance of the moving party’s letter, with a copy to Chambers and the moving party. This response shall also be limited to three single-spaced pages, including any attached exhibits or supporting papers.

CRITICAL

Only one summary judgment motion may be filed collectively per side unless the Court grants leave; a side with multiple parties may request leave, an issue addressed at the pre-filing conference.

Only one summary judgment motion may be filed collectively per side, absent leave of court. Leave of court to file more than one motion may be requested if multiple parties comprise one or both sides. This issue will be addressed at the Pre-filing Conference.

CRITICALCivil cases

Reply papers on motions in limine are not permitted.

Reply papers are not permitted.

CRITICALCivil cases

Before submitting the Exhibit List, the parties must meet and confer and attempt to stipulate to the admissibility of each exhibit.

Prior to submitting the list, the parties shall meet and confer and attempt to stipulate as to the admissibility of each exhibit.

CRITICALCivil cases

The parties must meet and confer and agree on numeric exhibit designations.

Parties shall meet and confer and agree on numeric designations for exhibits, such as plaintiffs shall have numbers 1-99, defendant one: numbers 100-199, defendant two: numbers 200-299, etc.

CRITICALCivil cases

Before submitting the list, the parties must meet and confer and attempt to resolve disagreements about designations or counter-designations.

Prior to submitting the list, the parties shall meet and confer and attempt to resolve any disagreements regarding designations or counter-designations.

CRITICALCivil cases

Pretrial motions other than motions in limine are unauthorized and will be stricken.

No other pretrial motions are authorized and will be stricken as procedurally improper.

CRITICALCivil cases

Request for more than 10 claim terms must show good cause and be filed 2 weeks before joint statement deadline

If a party genuinely believes that it will require that more than ten terms be construed, that party may request leave to designate additional terms for construction, pursuant to Civil Local Rule 7-11(b). The requesting party must demonstrate good cause and explain why other methods of limiting the claims at issue (such as the selection of representative claims or any grouping of 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.

CRITICALCriminal cases

Without a stipulation, motions must be filed 21 days before hearing, oppositions 14 days before, and replies 7 days before.

In the absence of a stipulation, motions (except those pertaining to sentencing) shall be filed at least twenty-one (21) days in advance of the hearing date. Opposition briefs shall be filed at least fourteen (14) days in advance of the hearing date. Reply briefs shall be filed at least seven (7) days in advance of the hearing date.

CRITICALCriminal cases

Reply briefs are not permitted for motions in limine.

No reply briefs shall be considered.

CRITICALCriminal cases

Without a stipulation, motions must be filed 21 days before hearing, oppositions 14 days before, and replies 7 days before.

In the absence of a stipulation, motions (except those pertaining to sentencing) shall be filed at least twenty-one (21) days in advance of the hearing date. Opposition briefs shall be filed at least fourteen (14) days in advance of the hearing date. Reply briefs shall be filed at least seven (7) days in advance of the hearing date.

CRITICALCriminal cases

Reply briefs are not permitted for motions in limine.

No reply briefs shall be considered.

CRITICALCivil cases

Joint discovery letter briefs must include meet and confer attestation, summarize unresolved issues; no multiple letters, limited legal authority, no declarations, may attach excerpts.

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. The parties may not file multiple joint letter briefs irrespective of the number of disputes then at-issue. If there are multiple disputes at issue, the parties may provide a list of disputes as part of their joint letter brief. The joint letter brief may cite to limited and specific legal authority only for resolution of dispositive issues. The joint letter brief may not be accompanied by declarations; however any specific excerpt of disputed discovery material may be attached.

CRITICALCivil cases

Before submitting the Exhibit List, the parties must meet and confer and attempt to stipulate to the admissibility of each exhibit.

Prior to submitting the list, the parties shall meet and confer and attempt to stipulate as to the admissibility of each exhibit.

CRITICALCivil cases

The parties must meet and confer and agree on numeric exhibit designations.

Parties shall meet and confer and agree on numeric designations for exhibits, such as plaintiffs shall have numbers 1-99, defendant one: numbers 100-199, defendant two: numbers 200-299, etc.

CRITICALCivil cases

Before submitting the list, the parties must meet and confer and attempt to resolve disagreements about designations or counter-designations.

Prior to submitting the list, the parties shall meet and confer and attempt to resolve any disagreements regarding designations or counter-designations.

CRITICALCivil cases

Pretrial motions other than motions in limine are unauthorized and will be stricken.

No other pretrial motions are authorized and will be stricken as procedurally improper.

CRITICALCivil cases

Before seeking leave for additional pages, parties must meet and confer and file a single omnibus motion including all requests.

Before seeking leave for additional pages, a party must meet and confer with all other moving parties and file an omnibus motion that includes all requests. That is, there shall be only one motion and one docket entry regarding requests for additional pages.

CRITICALCivil cases

Motions in limine must be filed at least 14 days before the final pretrial conference; oppositions at least 7 days before; reply briefs are prohibited; argument at the final pretrial conference.

Unless otherwise ordered, the parties shall file and serve any motions in limine at least 14 days before the final Pretrial Conference, and any opposition thereto at least 7 days before the final Pretrial Conference. Reply briefs are not permitted. The Court will hear argument on motions in limine at the final Pretrial Conference.

CRITICAL

Discovery motions are referred to a Magistrate Judge; counsel must file a notice of discovery disputes instead of a motion.

Motions to compel discovery are referred to a Magistrate Judge for assignment. Therefore, counsel are required to file a notice of discovery disputes to initiate a referral in lieu of filing discovery motions before this Court.

CRITICALCivil cases

All non-emergency requests for discovery relief must be made in a joint letter brief of no more than three pages.

All other requests for discovery relief (including requests for discovery-related sanctions) must be made by the parties in a joint letter brief no longer than three pages.

CRITICALCivil cases

Except as specifically set forth below, no motions regarding discovery disputes may be filed without prior leave of the Court.

Except as specifically set forth below, no motions regarding discovery disputes may be filed without prior leave of the Court.

CRITICALCivil cases

Meet and confer required at least 7 days before filing any motion.

At least seven (7) days before filing any motion, the moving party must meet and confer with the opposing party or parties in person or by videoconference. During the parties’ conference, the moving party shall disclose the bases for its anticipated motion. The purpose of this conference is to resolve or narrow disputed issues where possible to reduce motion practice.

CRITICALCivil cases

Magistrate judge settlement conferences require prior ADR process completion.

The Court generally does not refer cases for settlement with a magistrate judge unless the parties have already completed one of the other processes set forth in ADR Local Rule 3-4 (i.e., Early Neutral Evaluation, Mediation, or Private ADR).

CRITICALCivil cases

Motion notice must certify meet-and-confer requirement was satisfied.

In the notice of motion, counsel for the moving party must certify that this meet-and- confer requirement has been satisfied, citing specifically to this section of the Civil Standing Order. If the notice of motion does not include such a certification, the Court may strike the motion and order the moving party to re-file the motion with a certification once the meet-and- confer requirement has been met.

CRITICALCivil cases

Motion notice must certify meet-and-confer requirement was satisfied.

In the notice of motion, counsel for the moving party must certify that this meet-and- confer requirement has been satisfied, citing specifically to this section of the Civil Standing Order. If the notice of motion does not include such a certification, the Court may strike the motion and order the moving party to re-file the motion with a certification once the meet-and- confer requirement has been met.

CRITICALCivil cases

Opening claim construction briefs must be filed at least 6 weeks before the hearing.

Opening briefs in support of claim construction must be filed at least six (6) weeks before the date of the claim construction hearing, and the briefing schedule set forth at Patent Local Rule 4-5 will apply.

CRITICALCivil cases

Opening claim construction briefs must be filed at least 6 weeks before the hearing.

Opening briefs in support of claim construction must be filed at least six (6) weeks before the date of the claim construction hearing, and the briefing schedule set forth at Patent Local Rule 4-5 will apply.

CRITICALCriminal cases

Motion briefing deadlines: 21 days for motions, 14 days for opposition, 7 days for reply.

All motions shall comply with Criminal Local Rule 47-2. Unless otherwise ordered, the parties may stipulate to any mutually agreeable briefing schedule so long as all briefing is complete at least seven (7) days in advance of the hearing date. In the absence of a stipulation, motions (except those pertaining to sentencing) shall be filed at least 21 days in advance of the hearing date. Opposition briefs shall be filed at least fourteen (14) days in advance of the hearing date. Reply briefs shall be filed at least (7) seven days in advance of the hearing date.

CRITICALCivil cases

Testimony at claim construction requires motion 7 days in advance.

If the 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

Parties must attempt to resolve evidentiary issues before filing a motion in limine.

No party may file a motion in limine without first making a good faith effort to resolve the evidentiary issue with opposing counsel.

CRITICALCivil cases

Motions in limine may not seek summary judgment or Daubert challenges without prior court approval.

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

CRITICALCivil cases

Parties must attempt to resolve evidentiary issues before filing a motion in limine.

No party may file a motion in limine without first making a good faith effort to resolve the evidentiary issue with opposing counsel.

CRITICALCivil cases

Testimony at claim construction requires motion 7 days in advance.

If the 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

Motions in limine may not seek summary judgment or Daubert challenges without prior court approval.

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

CRITICAL

Parties must meet and confer to narrow terms to ten before preparing joint statement if more than ten terms are at issue.

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.

CRITICALCivil cases

Before filing any motion during trial, the moving party must first discuss the proposed motion with the Court.

Prior to filing any motions during trial, the moving party must first discuss the proposed motion with the Court.

CRITICALCivil cases

Discovery disputes must be preceded by a 3-page letter after in-person or telephonic meet and confer, with certification of conference.

All requests for discovery relief, other than those that arise during a deposition, must first be summarized in a letter no longer than three pages from the party seeking relief after having met and conferred as follows: (a) the parties shall meet and confer in person, or, if counsel are located more than 50 miles apart, by telephone, to attempt to resolve their dispute informally, and (b) a mere exchange of letters, e-mails, telephone calls, or facsimile transmissions does not satisfy the requirement to meet and confer. The party filing the letter must certify in the first paragraph of the letter that it has met and conferred with the other side pursuant to this Order and the Civil Local Rules.

CRITICAL

Parties must meet and confer to narrow terms to ten before preparing joint statement if more than ten terms are at issue.

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.

CRITICALCivil cases

Before filing any motion during trial, the moving party must first discuss the proposed motion with the Court.

Prior to filing any motions during trial, the moving party must first discuss the proposed motion with the Court.

CRITICALCivil cases

Reply papers cannot raise new points; sur-replies not permitted

Reply papers should not raise new points that could have been addressed in the opening motion or brief. Sur-replies are not permitted. See Civil L.R. 7-3(d).

CRITICALCivil cases

Non-discovery motions may be noticed for Thursdays at 10:00 AM with 35-day notice period

The civil law and motion calendar is called on Thursdays at 10:00 a.m. in Courtroom 11. Counsel need not request a motion hearing date and may notice non-discovery motions for any Thursday (excepting holidays) at 10:00 a.m. consistent with the 35-day notice period in Civil Local Rule 7-2(a) or other appropriate timeline.

CRITICALCivil cases

No reply is permitted for motions in limine.

No party may file a reply.

CRITICALCivil cases

Must seek stipulation before filing motions in limine

Any party filing a motion in limine must first seek a stipulation from the opposing party or parties to the relief requested in the motion.

CRITICALCivil cases

Motions in limine must be filed 10 days before final pretrial conference

In any civil trial, unless otherwise ordered, any party wishing to have motions in limine heard prior to the commencement of trial must file and serve any such motions at least ten calendar days before the final pretrial conference.

CRITICALCivil cases

No replies permitted to motions in limine

No party may file a reply.

CRITICALCivil cases

Opposition to motions in limine must be filed 3 days before final pretrial conference

Any oppositions thereto must be filed and served at least three calendar days before the final pretrial conference.

CRITICALCivil cases

No reply is permitted for motions in limine.

No party may file a reply.

CRITICALCivil cases

A party seeking to exceed the one-motion summary-judgment limit must request leave of court and show good cause.

Any party wishing to exceed this limit must request leave of court and must show good cause.

CRITICALCivil cases

A party must obtain leave of court before filing a motion regarding a discovery dispute.

A party may not file a motion regarding a discovery dispute without leave of court.

CRITICALCivil cases

Parties must meet and confer in good faith to try to resolve a discovery dispute.

If a discovery dispute arises, the parties must meet and confer in good faith to attempt to resolve the dispute.

CRITICALCivil cases

Only four briefs are allowed: the plaintiff side’s opening brief, the defense side’s opening/opposition brief, the plaintiff side’s opposition/reply brief, and the defense side’s reply brief.

If so, only four briefs will be allowed: (1) opening brief by the plaintiff side; (2) opening/opposition brief by the defense side; (3) opposition/reply brief by the plaintiff side; and (4) reply brief by the defense side.

CRITICALCivil cases

Unless the Court orders otherwise, parties must meet and confer to determine whether to file cross-motions for summary judgment.

Unless otherwise ordered, the parties must meet and confer to determine if they will file cross-motions for summary judgment.

CRITICALCivil cases

Parties using cross-motions for judgment under Rule 52 must follow the stated summary-judgment cross-motion briefing and scheduling guidelines.

If parties intend to resolve a case under cross-motions for judgment brought under Rule 52 of the Federal Rules of Civil Procedure, they must follow the same briefing and scheduling guidelines set forth above regarding cross-motions for summary judgment.

CRITICALCriminal cases

Motions must be noticed for hearing per Local Rule 47-1; counsel must check judge's calendar before selecting date.

Motions must be noticed for a hearing in accordance with Criminal Local Rule 47-1. Counsel need not reserve a hearing date in advance. Before selecting a hearing date, however, counsel must consult Judge Tigar’s weekly calendar, which is available at https://www.cand.uscourts.gov/jst, to determine which dates are available. The Court may reset noticed hearing dates as its calendar requires.

CRITICALCriminal cases

Motions must be noticed for hearing per Local Rule 47-1; counsel must check judge's calendar before selecting date.

Motions must be noticed for a hearing in accordance with Criminal Local Rule 47-1. Counsel need not reserve a hearing date in advance. Before selecting a hearing date, however, counsel must consult Judge Tigar’s weekly calendar, which is available at https://www.cand.uscourts.gov/jst, to determine which dates are available. The Court may reset noticed hearing dates as its calendar requires.

CRITICALCivil cases

Parties filing motions in limine must first seek a stipulation from opposing parties to the requested relief.

Motions in limine are usually unnecessary in a bench trial. However, in any civil trial, unless otherwise ordered, any party filing a motion in limine must first seek a stipulation from the opposing party or parties to the relief requested in the motion.

CRITICALCivil cases

Before filing a motion in limine, party must seek stipulation from opposing party.

Any party filing a motion in limine must first seek a stipulation from the opposing party or parties to the relief requested in the motion.

CRITICALCivil cases

Before filing a motion in limine, party must seek stipulation from opposing party.

Any party filing a motion in limine must first seek a stipulation from the opposing party or parties to the relief requested in the motion.

CRITICALCivil cases

A party may not file a motion regarding a discovery dispute without leave of court. If a discovery dispute arises, the parties must meet and confer in good faith to attempt to resolve the dispute. If the parties are unable to reach a resolution through this process, they must file a joint letter brief of five pages or less that describes each disputed issue.

A party may not file a motion regarding a discovery dispute without leave of court. If a discovery dispute arises, the parties must meet and confer in good faith to attempt to resolve the dispute. If the parties are unable to reach a resolution through this process, they must file a joint letter brief of five pages or less that describes each disputed issue.

CRITICALCivil cases

All civil motions must be noticed for a hearing except pro hac vice, time enlargement/shortening, and administrative relief motions.

All civil motions must be noticed for a hearing in accordance with Civil Local Rule 7-2(a) except: (1) motions for leave to appear pro hac vice; (2) motions to enlarge or shorten time pursuant to Civil Local Rule 6-1; and (3) motions for administrative relief pursuant to Civil Local Rule 7-11. The Court does not hold hearings for these administrative motions.

CRITICALCivil cases

Civil motions require reservation for Wednesday 9:00 a.m. hearings in San Jose.

Judge Wise hears civil motions by reservation only on Wednesdays at 9:00 a.m., in Courtroom 3, 5th Floor, United States District Court, 280 South First Street, San Jose, California. Motions filed without a previously arranged hearing date will be stricken, and parties may not refile until they obtain a reservation.

CRITICALCivil cases

All civil motions must be noticed for a hearing except pro hac vice, time enlargement/shortening, and administrative relief motions.

All civil motions must be noticed for a hearing in accordance with Civil Local Rule 7-2(a) except: (1) motions for leave to appear pro hac vice; (2) motions to enlarge or shorten time pursuant to Civil Local Rule 6-1; and (3) motions for administrative relief pursuant to Civil Local Rule 7-11. The Court does not hold hearings for these administrative motions.

CRITICALCivil cases

Administrative request to appear via Zoom required at least one week before 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. If all parties wish to appear via Zoom, the parties should file a joint administrative request or indicate that the request is unopposed.

CRITICALCivil cases

Motions may not be filed without a reserved hearing date; motions filed without a reservation will be stricken and cannot be refiled until a reservation is obtained.

No party shall file a motion without first obtaining a hearing date as described above. Any motion filed without a reserved hearing date will be stricken from the docket by the Court, and the party may not refile until they obtain a reservation from the Courtroom Deputy.

CRITICALCivil cases

Cross-motions for judgment under Federal Rule of Civil Procedure 52 must adhere to the same briefing and scheduling guidelines applicable to cross-motions for summary judgment.

If parties intend to resolve a case under cross-motions for judgment brought under Rule 52 of the Federal Rules of Civil Procedure, they must follow the same briefing and scheduling guidelines set forth above regarding cross-motions for summary judgment.

CRITICALCivil cases

Case management conferences are held via Zoom webinar unless noted otherwise; all other hearings are in person unless noted or leave is granted.

The Court holds case management conferences via Zoom webinar unless otherwise noted. All other hearings before the Court shall be held in person unless otherwise noted or if leave is granted.

CRITICALCivil cases

Civil motions are heard only on Wednesdays at 9:00 a.m. in Courtroom 3, 5th Floor, 280 S. First St, San Jose, CA, by reservation only.

Judge Wise hears civil motions by reservation only on Wednesdays at 9:00 a.m., in Courtroom 3, 5th Floor, United States District Court, 280 South First Street, San Jose, California.

CRITICALCivil cases

Bench and jury trials start Mondays at 9:00 a.m., run through Thursday; half-day (4.5h) or full-day (6.5h) schedule based on projected length.

Bench and jury trials commence on Mondays at 9:00 a.m. and continue through Thursday of each week. Depending on the projected length of the trial, the Court will utilize a 4.5 hour, half day schedule (9:00-1:30 with two 15-minute breaks), or a 6.5 hour, full-day schedule (9:00-4:30 with a thirty-minute lunch break, and two 15-minute breaks, one in the morning and one in the afternoon).

CRITICALCivil cases

Parties may not reserve more than two motions or have more than two motions heard per hearing without leave of court; a motion demonstrating good cause is required to exceed.

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. Any party wishing to exceed this limit must file a motion with the Court and demonstrate good cause for the request.

CRITICALCivil cases

All civil motions must be noticed for hearing per Civil L.R. 7-2(a, except pro hac vice, time enlargement/shortening, and administrative relief motions, which have no hearings.

All civil motions must be noticed for a hearing in accordance with Civil Local Rule 7-2(a) except: (1) motions for leave to appear pro hac vice; (2) motions to enlarge or shorten time pursuant to Civil Local Rule 6-1; and (3) motions for administrative relief pursuant to Civil Local Rule 7-11. The Court does not hold hearings for these administrative motions.

CRITICALCivil cases

Case management conferences are held via Zoom webinar unless noted otherwise; all other hearings are in person unless noted or leave is granted.

The Court holds case management conferences via Zoom webinar unless otherwise noted. All other hearings before the Court shall be held in person unless otherwise noted or if leave is granted.

CRITICALCivil cases

Civil motions are heard only on Wednesdays at 9:00 a.m. in Courtroom 3, 5th Floor, 280 S. First St, San Jose, CA, by reservation only.

Judge Wise hears civil motions by reservation only on Wednesdays at 9:00 a.m., in Courtroom 3, 5th Floor, United States District Court, 280 South First Street, San Jose, California.

CRITICALCivil cases

Bench and jury trials start Mondays at 9:00 a.m., run through Thursday; half-day (4.5h) or full-day (6.5h) schedule based on projected length.

Bench and jury trials commence on Mondays at 9:00 a.m. and continue through Thursday of each week. Depending on the projected length of the trial, the Court will utilize a 4.5 hour, half day schedule (9:00-1:30 with two 15-minute breaks), or a 6.5 hour, full-day schedule (9:00-4:30 with a thirty-minute lunch break, and two 15-minute breaks, one in the morning and one in the afternoon).

CRITICALCivil cases

Parties may not reserve more than two motions or have more than two motions heard per hearing without leave of court; a motion demonstrating good cause is required to exceed.

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. Any party wishing to exceed this limit must file a motion with the Court and demonstrate good cause for the request.

CRITICALCivil cases

All civil motions must be noticed for hearing per Civil L.R. 7-2(a, except pro hac vice, time enlargement/shortening, and administrative relief motions, which have no hearings.

All civil motions must be noticed for a hearing in accordance with Civil Local Rule 7-2(a) except: (1) motions for leave to appear pro hac vice; (2) motions to enlarge or shorten time pursuant to Civil Local Rule 6-1; and (3) motions for administrative relief pursuant to Civil Local Rule 7-11. The Court does not hold hearings for these administrative motions.

CRITICALCivil cases

Parties must file a joint discovery letter (max 5 pages) stating the dispute, with proposed orders from both sides, and no exhibits except discovery requests/responses.

If the parties cannot resolve their discovery dispute after a good faith effort, they shall prepare and file a joint letter of no longer than 5 pages stating the nature and status of their dispute. Both sides must submit proposed orders as well. No exhibits may be submitted with the letter other than any discovery request or response that is the subject of the letter.

CRITICALCivil cases

Parties must file a joint discovery letter (max 5 pages) stating the dispute, with proposed orders from both sides, and no exhibits except discovery requests/responses.

If the parties cannot resolve their discovery dispute after a good faith effort, they shall prepare and file a joint letter of no longer than 5 pages stating the nature and status of their dispute. Both sides must submit proposed orders as well. No exhibits may be submitted with the letter other than any discovery request or response that is the subject of the letter.

CRITICAL

Moving party's counsel must confer with opposing counsel about a mutually convenient hearing date before noticing any motion.

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

CRITICAL

For cross-motions for judgment under Rule 52, the parties must file a total of four briefs sequentially rather than three pairs of simultaneous briefs.

In the event of cross-motions for judgment under Rule 52 of the Federal Rules of Civil Procedure, the parties shall file a total of four briefs sequentially, rather than three pairs of simultaneous briefs, as set forth in the "Summary Judgment" section above.

CRITICAL

Unresolved discovery disputes must be submitted via a joint letter of no more than 5 pages stating the nature and status of the dispute, filed as soon as possible after a good-faith live conversation between counsel.

If the parties cannot resolve their discovery dispute after a good faith effort in which a live conversation has occurred between counsel, they shall prepare and file a joint letter of no longer than 5 pages stating the nature and status of their dispute.

CRITICAL

Moving party counsel must confer with opposing counsel on a hearing date before noticing any motion.

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

CRITICAL

Discovery disputes may be resolved on papers or via hearing; joint letter process does not apply to third-party disputes.

The Court may resolve the dispute on the papers or schedule a hearing. The joint discovery letter process does not apply to discovery disputes with third parties.

CRITICAL

Relief-seeking party prepares joint discovery letter portion first, shares with opposing side, then files the letter.

The side seeking relief from the Court should prepare its portion of the letter first and then provide that to the opposing side so that the opposing side may prepare its response. The party seeking relief from the Court should file the letter.

CRITICAL

Only one summary judgment motion per party allowed in patent cases; related entities count as one party.

Only one summary judgment motion may be filed per party in each patent case, absent leave of court. Parties that are related entities are considered one party for purposes of this rule.

CRITICAL

Rule 52 cross-motions require filing four briefs sequentially, not three pairs of simultaneous briefs.

In the event of cross-motions for judgment under Rule 52 of the Federal Rules of Civil Procedure, the parties shall file a total of four briefs sequentially, rather than three pairs of simultaneous briefs, as set forth in the “Summary Judgment” section above.

CRITICAL

Cross-motions for summary judgment require four sequential briefs (plaintiff opening, defense opening/opposition, plaintiff opposition/reply, defense reply), with the parties free to stipulate to reverse the order.

In the event of cross-motions for summary judgment, the parties must file a total of four briefs sequentially, rather than three pairs of simultaneous briefs. Unless the parties agree to reverse the order (which they are free to do on their own), the opening brief is filed by the plaintiff side, the opening/opposition brief is filed by the defense side, the opposition/reply is filed by the plaintiff side, and the reply is filed by the defense side.

CRITICAL

In patent cases with counterclaims, one claim construction hearing covers all patents and briefing follows a four-brief sequence with the plaintiff filing the first brief, using the page limits that apply to cross-motions for summary judgment.

When a patent case also includes patent counterclaims, the Court will generally conduct one claim construction hearing covering all patents. In that situation, the claim construction briefing schedule will follow a four-brief sequence, following the page limits outlined above concerning cross-motions for summary judgment, with the plaintiff filing the first brief.

CRITICALCivil cases

Written motions during trial are prohibited unless lead trial counsel have met and conferred, the issue has been raised orally to the Court at the beginning or close of the trial day, and the Court has authorized the filing.

No written motions are permitted during trial before (a) lead trial counsel have met and conferred as to the issue, and (2) the issue has been raised orally to the Court either at the beginning or close of the trial day, and the Court has authorized such a filing.

CRITICALCriminal cases

Reply papers on motions in limine will not be considered.

No reply papers will be considered.

CRITICALCivil cases

Reply briefs are prohibited for motions in limine; the moving party may not file a reply.

The moving party shall not file a reply brief.

CRITICAL

Rule 52 cross-motions require filing four briefs sequentially, not three pairs of simultaneous briefs.

In the event of cross-motions for judgment under Rule 52 of the Federal Rules of Civil Procedure, the parties shall file a total of four briefs sequentially, rather than three pairs of simultaneous briefs, as set forth in the “Summary Judgment” section above.

CRITICALCivil cases

Discovery disputes require joint letter (max 5 pages) after good faith effort.

Discovery disputes should be brought to the Court’s attention as early as possible. If the parties cannot resolve their discovery dispute after a good faith effort, they shall prepare and file a joint letter of no longer than five pages stating the nature and status of their dispute.

CRITICALCivil cases

Testimony at claim construction requires administrative motion 7 days in advance.

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

Replies to motions in limine are not permitted.

No party may file a reply.

CRITICALCivil cases

The parties must meet and confer by 21 days before the Pretrial Conference about stipulating to evidentiary issues, and a party must make a good-faith effort to resolve an evidentiary issue with opposing counsel before filing a motion in limine.

The parties shall meet and confer no later than 21 days before the pretrial conference to determine whether any evidentiary issues may be resolved by stipulation. No party may file a motion in limine without first making a good faith effort to resolve the evidentiary issue with opposing counsel.

CRITICALCivil cases

Lead trial counsel must meet and confer on settlement, joint pretrial filings, and narrowing trial issues at least seven days before the final Pretrial Conference; in-person meetings are encouraged when counsel are geographically close.

At least seven days before the final Pretrial Conference, lead counsel who will try the case shall meet and confer with respect to the following subjects: (1) settlement of the case; (2) preparation of the joint pretrial filings to be served and lodged pursuant to Federal Rule of Civil Procedure 26(a)(3); and (3) clarifying and narrowing the contested issues for trial in order to achieve a just, speedy, and efficient resolution of the case. Counsel in close geographical proximity are encouraged to meet in person.

CRITICALCivil cases

If a party believes motions in limine are necessary, they must be filed no later than 21 days before the Pretrial Conference.

However, if a party believes motions in limine are necessary, any such motions must be filed with the Court no later than 21 days prior to the date set for the Pretrial Conference.

CRITICALCivil cases

Motions in limine may not seek summary judgment or raise Daubert challenges without the Court’s specific prior approval.

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

CRITICALCivil cases

Before filing a motion in limine, the moving party must first seek the opposing party’s stipulation to the requested relief.

Any party filing a motion in limine must first seek a stipulation from the opposing party or parties to the relief requested in the motion.

CRITICALCivil cases

Unless the Court orders otherwise, a party seeking to have motions in limine heard before trial must file and serve them at least 14 calendar days before the final pretrial conference.

Unless otherwise ordered, any party wishing to have motions in limine heard prior to the commencement of trial must file and serve any such motions at least 14 calendar days before the final pretrial conference.

CRITICALCivil cases

Oppositions to motions in limine must be filed and served at least three calendar days before the final pretrial conference.

Any oppositions thereto must be filed and served at least three calendar days before the final pretrial conference.

CRITICALCivil cases

A party opposing a motion in limine must file opposition papers or a statement of non-opposition no later than 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.

CRITICALCivil cases

Counsel must meet and confer to exchange opening-statement visuals, graphics, and exhibits with time for objections and reasonable revisions.

Counsel must cooperate and meet and confer to exchange any visuals, graphics or exhibits to be used in the opening statements, allowing for time to work out objections and any reasonable revisions.

CRITICALCivil cases

A party must make a good-faith effort to resolve an evidentiary issue with opposing counsel before filing a motion in limine.

No party may file a motion in limine without first making a good faith effort to resolve the evidentiary issue with opposing counsel.

CRITICALCivil cases

The parties must meet and confer no later than 21 days before the pretrial conference about resolving evidentiary issues by stipulation.

The parties shall meet and confer no later than 21 days before the pretrial conference to determine whether any evidentiary issues may be resolved by stipulation.

CRITICALCivil cases

Trial lead counsel must meet and confer at least 30 days before the final Pretrial Conference about settlement, joint pretrial filings, and narrowing trial issues.

At least 30 days before the final Pretrial Conference, lead counsel who will try the case shall meet and confer with respect to the following subjects: (1) settlement of the case; (2) preparation of the joint pretrial filings to be served and lodged pursuant to Federal Rule of Civil Procedure 26(a)(3); and (3) clarifying and narrowing the contested issues for trial in order to achieve a just, speedy, and efficient resolution of the case.

CRITICALCivil cases

The parties must meet and confer at least 21 days before the pretrial conference to determine whether evidentiary issues can be resolved by stipulation.

The parties shall meet and confer no later than 21 days before the pretrial conference to determine whether any evidentiary issues may be resolved by stipulation.

CRITICALCivil cases

Motions in limine cannot seek summary judgment or raise Daubert challenges without the Court’s specific prior approval.

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

CRITICALCivil cases

Before filing a motion in limine, the moving party must seek the opposing party’s stipulation to the requested relief.

Any party filing a motion in limine must first seek a stipulation from the opposing party or parties to the relief requested in the motion.

CRITICALCivil cases

Before filing a motion in limine, the moving party must first seek the opposing party’s stipulation to the requested relief.

Any party filing a motion in limine must first seek a stipulation from the opposing party or parties to the relief requested in the motion.

CRITICALCivil cases

Testimony at claim construction requires administrative motion 7 days in advance.

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

A party must make a good-faith effort to resolve an evidentiary issue with opposing counsel before filing a motion in limine.

No party may file a motion in limine without first making a good faith effort to resolve the evidentiary issue with opposing counsel.

CRITICALCriminal cases

Motions in limine due 14 days before pretrial conference; oppositions due 7 days before; no replies.

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.

CRITICAL

Daubert motions must be filed in the same brief as class certification motion.

Any Daubert motion seeking to preclude a party’s reliance on an expert opinion at the class certification stage must be filed in the same brief as the motion for class certification or the opposition to that motion.

CRITICALCivil cases

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

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

CRITICALCivil cases

Simultaneous briefing is prohibited for all motion types.

Simultaneous briefing is not permitted for any type of motion.

CRITICALCivil cases

Claim construction will only be conducted with a dispositive motion absent compelling reason; Patent Local Rules 4-1 to 4-4 apply, 4-5 and 4-6 are superseded.

Absent a compelling reason, the Court will conduct claim construction only in conjunction with a dispositive motion. Parties should still follow Rules 4-1 through 4-4 of the Patent Local Rules. Rules 4-5 and 4-6, on the other hand, will give way to the details provided in the paragraphs below.

CRITICALCivil cases

Sanctions motions under Rule 37 must follow Civil L.R. 37-4, not expedited discovery dispute procedure.

Any party seeking an award of attorney fees or other form of sanction under Fed. R. Civ. P. 37 may not use the expedited joint discovery dispute letter procedure described above but instead must file a motion conforming to the requirements of Civil L.R. 37-4.

CRITICALCivil cases

Absent leave of Court, parties should not file formal noticed motions under Civil L.R. 7-2 regarding discovery-related disputes. Instead, for all discovery disputes, the parties must meet and confer to attempt to resolve their dispute. The meet and confer must be in person or by telephone. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer.

Absent leave of Court, parties should not file formal noticed motions under Civil L.R. 7-2 regarding discovery-related disputes. Instead, for all discovery disputes, the parties must meet and confer to attempt to resolve their dispute. The meet and confer must be in person or by telephone. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer.

CRITICALCivil cases

Absent leave of Court, parties should not file formal noticed motions under Civil L.R. 7-2 regarding discovery-related disputes.

Absent leave of Court, parties should not file formal noticed motions under Civil L.R. 7-2 regarding discovery-related disputes.

CRITICALCivil cases

Meet-and-confer for discovery disputes must be in person or by phone, not just written correspondence.

The meet and confer must be in person or by telephone. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer.

CRITICALCivil cases

Sanctions motions under Rule 37 must follow Civil L.R. 37-4, not expedited discovery dispute procedure.

Any party seeking an award of attorney fees or other form of sanction under Fed. R. Civ. P. 37 may not use the expedited joint discovery dispute letter procedure described above but instead must file a motion conforming to the requirements of Civil L.R. 37-4.

CRITICALCivil cases

Motions in limine: opening due 20 days before conference, opposition due 7 days before conference, no reply permitted.

Any motions in limine shall be submitted as follows: Opening papers shall be filed at least 20 calendar days before the conference; opposition papers will be filed at least seven calendar days before the conference. There will be no reply.

CRITICALCivil cases

Meet-and-confer for discovery disputes must be in person or by phone, not just written correspondence.

The meet and confer must be in person or by telephone. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer.

CRITICALCivil cases

Absent leave of Court, parties should not file formal noticed motions under Civil L.R. 7-2 regarding discovery-related disputes. Instead, for all discovery disputes, the parties must meet and confer to attempt to resolve their dispute. The meet and confer must be in person or by telephone. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer.

Absent leave of Court, parties should not file formal noticed motions under Civil L.R. 7-2 regarding discovery-related disputes. Instead, for all discovery disputes, the parties must meet and confer to attempt to resolve their dispute. The meet and confer must be in person or by telephone. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer.

CRITICAL

Absent leave of Court, parties should not file formal noticed motions under Civil L.R. 7-2 regarding discovery-related disputes. Instead, for all discovery disputes, the parties must meet and confer to attempt to resolve their dispute. The meet and confer must be in person or by videoconference or telephone. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer.

Absent leave of Court, parties should not file formal noticed motions under Civil L.R. 7-2 regarding discovery-related disputes. Instead, for all discovery disputes, the parties must meet and confer to attempt to resolve their dispute. The meet and confer must be in person or by videoconference or telephone. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer.

CRITICAL

Absent leave of Court, parties should not file formal noticed motions under Civil L.R. 7-2 regarding discovery-related disputes. Instead, for all discovery disputes, the parties must meet and confer to attempt to resolve their dispute. The meet and confer must be in person or by videoconference or telephone. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer.

Absent leave of Court, parties should not file formal noticed motions under Civil L.R. 7-2 regarding discovery-related disputes. Instead, for all discovery disputes, the parties must meet and confer to attempt to resolve their dispute. The meet and confer must be in person or by videoconference or telephone. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer.

CRITICAL

Rule 37 sanction motions must comply with Civil L.R. 37-4 and cannot use the expedited discovery dispute letter procedure.

Any party seeking an award of attorney fees or other form of sanction under Fed. R. Civ. P. 37 may not use the expedited joint discovery dispute letter procedure described above but instead must file a motion conforming to the requirements of Civil L.R. 37-4.

CRITICAL

Rule 37 sanction motions must comply with Civil L.R. 37-4 and cannot use the expedited discovery dispute letter procedure.

Any party seeking an award of attorney fees or other form of sanction under Fed. R. Civ. P. 37 may not use the expedited joint discovery dispute letter procedure described above but instead must file a motion conforming to the requirements of Civil L.R. 37-4.

CRITICAL

Discovery disputes require meet-and-confer (in person or by phone), then a joint statement of max 5 single-spaced pages (2.5 per side) with supporting declarations up to 15 pages.

Absent leave of Court, parties should not file formal noticed motions under Civil L.R. 7-2 regarding discovery-related disputes. Instead, for all discovery disputes, the parties must meet and confer to attempt to resolve their dispute. The meet and confer must be in person or by telephone. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer. If the parties are unable to reach a resolution, they must file a joint statement of at most 5 single-spaced pages (12-point font or greater) with 2.5 pages allotted per side that: (1) describes each unresolved issue; and (2) states each party's final proposed compromise with respect to each unresolved issue. Each party may submit supporting declarations and documentation of up to fifteen pages.

CRITICAL

Absent leave of Court, parties should not file formal noticed motions under Civil L.R. 7-2 regarding discovery-related disputes. Instead, for all discovery disputes, the parties must meet and confer to attempt to resolve their dispute. The meet and confer must be in person or by videoconference or telephone. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer.

Absent leave of Court, parties should not file formal noticed motions under Civil L.R. 7-2 regarding discovery-related disputes. Instead, for all discovery disputes, the parties must meet and confer to attempt to resolve their dispute. The meet and confer must be in person or by videoconference or telephone. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer.

CRITICALCivil cases

Before bringing a discovery dispute to the Court, parties must first meet and confer in person or by videoconference; letters, emails, or phone calls alone are insufficient.

Upon the development of an impasse, the parties must first meet and confer. Counsel for each party must meet and confer in person or by videoconference. A mere exchange of letters, e-mails, or telephone calls does not satisfy the meet and confer requirement.

CRITICAL

In lieu of filing formal discovery motions, the parties involved in the discovery dispute (through lead trial counsel for any party that is represented by counsel) shall meet and confer by video conference regarding the subject matter of the dispute(s) in an effort to resolve these matters. After attempting other means to confer on the issue (i.e. letter, phone call, e-mail) any party may demand such a meeting on five business days’ notice. Within five business days of the meet-and-confer session, the parties shall provide a detailed Joint Letter to the Court, not to exceed five pages without leave of Court. This Joint Letter shall include a description of every issue in dispute and, with respect to each such issue, a detailed summary of each party’s final substantive position and their final proposed compromise on each issue.

In lieu of filing formal discovery motions, the parties involved in the discovery dispute (through lead trial counsel for any party that is represented by counsel) shall meet and confer by video conference regarding the subject matter of the dispute(s) in an effort to resolve these matters. After attempting other means to confer on the issue (i.e. letter, phone call, e-mail) any party may demand such a meeting on five business days’ notice. Within five business days of the meet-and-confer session, the parties shall provide a detailed Joint Letter to the Court, not to exceed five pages without leave of Court. This Joint Letter shall include a description of every issue in dispute and, with respect to each such issue, a detailed summary of each party’s final substantive position and their final proposed compromise on each issue.

CRITICALCivil cases

Joint letter required within 5 business days after meet and confer for discovery disputes.

After meeting and conferring as set forth in ¶ 13 above, the parties shall draft and file a jointly signed letter within five (5) business days of the lead trial counsels' meet and confer session that contains the following:

CRITICALCivil cases

Prior to filing any discovery-related motion, lead trial counsel for all parties shall meet and confer in person or by video conference, if an in-person conference is not feasible, regarding the discovery dispute(s) to resolve these matter(s). (Meet and confers may only occur by telephone if it is impossible to meet in person or by video.) After attempting other means to confer on the issue(s) (i.e., letter, phone call, e-mail), any party may demand such a meeting on ten (10) business days' notice.

Prior to filing any discovery-related motion, lead trial counsel for all parties shall meet and confer in person or by video conference, if an in-person conference is not feasible, regarding the discovery dispute(s) to resolve these matter(s). (Meet and confers may only occur by telephone if it is impossible to meet in person or by video.) After attempting other means to confer on the issue(s) (i.e., letter, phone call, e-mail), any party may demand such a meeting on ten (10) business days' notice.

CRITICALCivil cases

Joint letter required within 5 business days after meet and confer for discovery disputes.

After meeting and conferring as set forth in ¶ 13 above, the parties shall draft and file a jointly signed letter within five (5) business days of the lead trial counsels' meet and confer session that contains the following:

CRITICALCivil cases

Prior to filing any discovery-related motion, lead trial counsel for all parties shall meet and confer in person or by video conference, if an in-person conference is not feasible, regarding the discovery dispute(s) to resolve these matter(s). (Meet and confers may only occur by telephone if it is impossible to meet in person or by video.) After attempting other means to confer on the issue(s) (i.e., letter, phone call, e-mail), any party may demand such a meeting on ten (10) business days' notice.

Prior to filing any discovery-related motion, lead trial counsel for all parties shall meet and confer in person or by video conference, if an in-person conference is not feasible, regarding the discovery dispute(s) to resolve these matter(s). (Meet and confers may only occur by telephone if it is impossible to meet in person or by video.) After attempting other means to confer on the issue(s) (i.e., letter, phone call, e-mail), any party may demand such a meeting on ten (10) business days' notice.

CRITICALCivil cases

Meet and confer required before filing any motion or non-stipulated request, with certification of compliance.

The parties shall meet and confer (in person, by video conference, or by phone) before filing any motion or non-stipulated request. All motions or non-stipulated requests shall include a certification, which may be submitted separately or included in the body of the filing, that the parties have complied with this meet and confer requirement. The Court may strike filings that do not comply.

CRITICAL

Meet and confer required 14 days before settlement conference

No later than 14 days prior to the settlement conference, and prior to the preparation of their exchanged settlement conference statements and confidential settlement letters, counsel for the parties shall meet and confer (in person, by video conference, or by phone) to discuss matters pertinent to improving the prospects that the settlement negotiations will be productive.

CRITICALCivil cases

Meet and confer required before filing any motion or non-stipulated request, with certification of compliance.

The parties shall meet and confer (in person, by video conference, or by phone) before filing any motion or non-stipulated request. All motions or non-stipulated requests shall include a certification, which may be submitted separately or included in the body of the filing, that the parties have complied with this meet and confer requirement. The Court may strike filings that do not comply.

CRITICALCivil cases

Meet and confer required before filing any motion or non-stipulated request.

The parties shall meet and confer (in person, by video conference, or by phone) before filing any motion or non-stipulated request.

CRITICALCivil cases

Parties must meet and confer 45 days before end of fact discovery to determine cross-motions.

Unless otherwise ordered, the Parties shall meet and confer no later than forty-five (45) calendar days before the end of fact discovery to determine if they will file cross-motions for summary judgment.

CRITICAL

Discovery disputes require meet and confer in person or by phone before filing any discovery-related letter.

Meet and confer requirement for discovery disputes. As an initial matter, the parties must comply with Section 9 of the Northern District’s Guidelines for Professional Conduct regarding discovery (available at http://cand.uscourts.gov/professional_conduct_guidelines). Prior to filing any discovery-related letter, lead trial counsel for all parties shall meet and confer in person, or telephonically if an in-person conference is not feasible, regarding the discovery dispute(s) in an effort to resolve these matter(s).

CRITICAL

Discovery disputes require meet and confer in person or by phone before filing any discovery-related letter.

Meet and confer requirement for discovery disputes. As an initial matter, the parties must comply with Section 9 of the Northern District’s Guidelines for Professional Conduct regarding discovery (available at http://cand.uscourts.gov/professional_conduct_guidelines). Prior to filing any discovery-related letter, lead trial counsel for all parties shall meet and confer in person, or telephonically if an in-person conference is not feasible, regarding the discovery dispute(s) in an effort to resolve these matter(s).

CRITICALCivil cases

Motions to strike affirmative defenses require leave of Court, obtained via administrative motion under Civil Local Rule 7-11.

Motions to strike affirmative defenses may not be filed without leave of Court. Leave of Court may be sought by a motion for administrative relief pursuant to Civil Local Rule 7-11.

CRITICALCivil cases

Motions to strike affirmative defenses require leave of Court obtained via administrative motion.

Motions to strike affirmative defenses may not be filed without leave of Court. Leave of Court may be sought by a motion for administrative relief pursuant to Civil Local Rule 7-11.

CRITICALCivil cases

Motions to strike affirmative defenses require leave of Court, obtained via administrative motion under Civil Local Rule 7-11.

Motions to strike affirmative defenses may not be filed without leave of Court. Leave of Court may be sought by a motion for administrative relief pursuant to Civil Local Rule 7-11.

CRITICALCivil cases

Motions to strike affirmative defenses require leave of Court via motion for administrative relief under Civil Local Rule 7-11

Motions to strike affirmative defenses may not be filed without leave of Court. Leave of Court may be sought by a motion for administrative relief pursuant to Civil Local Rule 7-11.

CRITICALCivil cases

When scheduling the settlement conference, the Court will set a pre-settlement call with all counsel for at least 48 hours before the conference.

At the time of scheduling the settlement conference, the court will set a date and time for a pre-settlement conference call with all counsel to take place not less than 48 hours prior to the conference.

CRITICAL

Joint statement required 7 days before case management conference

Counsel shall meet and confer prior to the case management conference and file a joint statement no later than seven days prior to the conference.

CRITICALCivil cases

Sanctions motions require compliance with meet-and-confer requirements first.

No motion for sanctions may be filed until after the moving party has complied with the requirements above. Motions for sanctions shall be filed separately, pursuant to Federal Rule 37 and Civil Local Rules 7 and 37-4.

CRITICAL

Joint statement required 7 days before case management conference

Counsel shall meet and confer prior to the case management conference and file a joint statement no later than seven days prior to the conference.

CRITICALCivil cases

Parties must meet and confer before filing discovery motions.

If the parties are unable to resolve their dispute informally after a good faith effort, including meet and confer efforts conducted by lead counsel, the parties have two options:

CRITICALCivil cases

21-day meet and confer on joint pretrial statement and settlement.

At least twenty-one (21) days before the final pretrial conference, lead counsel who will try the case shall meet and confer with respect to: (a) Preparation and content of the joint pretrial conference statement; (b) Resolution of any differences between the parties regarding the preparation and content of the joint pretrial conference statement and the preparation and exchange of pretrial materials to be served and lodged pursuant to this Order for Pretrial Preparation. To the extent such differences are not resolved, the parties will present the issues in the pretrial conference statement so that the judge may rule on the matter during the pretrial conference; and (c) Settlement of the action.

CRITICALCivil cases

Lead counsel must meet and confer 21 days before final pretrial conference on joint statement, differences, and settlement.

At least twenty-one (21) days before the final pretrial conference, lead counsel who will try the case shall meet and confer with respect to: (a) Preparation and content of the joint pretrial conference statement; (b) Resolution of any differences between the parties regarding the preparation and content of the joint pretrial conference statement and the preparation and exchange of pretrial materials to be served and lodged pursuant to this Order for Pretrial Preparation. To the extent such differences are not resolved, the parties will present the issues in the pretrial conference statement so that the judge may rule on the matter during the pretrial conference; and (c) Settlement of the action.

CRITICALCivil cases

21-day meet and confer on joint pretrial statement and settlement.

At least twenty-one (21) days before the final pretrial conference, lead counsel who will try the case shall meet and confer with respect to: (a) Preparation and content of the joint pretrial conference statement; (b) Resolution of any differences between the parties regarding the preparation and content of the joint pretrial conference statement and the preparation and exchange of pretrial materials to be served and lodged pursuant to this Order for Pretrial Preparation. To the extent such differences are not resolved, the parties will present the issues in the pretrial conference statement so that the judge may rule on the matter during the pretrial conference; and (c) Settlement of the action.

CRITICALCivil cases

Lead counsel must meet and confer 21 days before final pretrial conference on joint statement, differences, and settlement.

At least twenty-one (21) days before the final pretrial conference, lead counsel who will try the case shall meet and confer with respect to: (a) Preparation and content of the joint pretrial conference statement; (b) Resolution of any differences between the parties regarding the preparation and content of the joint pretrial conference statement and the preparation and exchange of pretrial materials to be served and lodged pursuant to this Order for Pretrial Preparation. To the extent such differences are not resolved, the parties will present the issues in the pretrial conference statement so that the judge may rule on the matter during the pretrial conference; and (c) Settlement of the action.

CRITICALCivil cases

Motions in limine must be filed 21 days before Final Pretrial Conference; no replies allowed.

No later than 21 days before the Final Pretrial Conference, unless otherwise ordered, the parties shall file and serve any motions in limine. Oppositions to motions in limine shall be filed and served no later than 14 days before the Final Pretrial Conference. Replies shall not be filed.

CRITICALCivil cases

Motions in limine require specific timing for service and filing.

At least thirty-two (32) days before the pretrial conference, serve – but do not file – the moving papers. At least twenty-five (25) days before the conference, serve – but do not file – the oppositions. 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.

CRITICALCriminal cases

Sentencing motions must be filed 7 calendar days before sentencing; responses due 5 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. 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

Motions (except sentencing) must be filed 35 days before hearing; oppositions due 14 days after motion; replies due 7 days after opposition.

All motions, except those pertaining to sentencing, shall be filed at least **thirty-five (35)** days in advance of the hearing date. Opposition briefs shall be filed and served not more than **fourteen (14)** days after the motion is filed and served. Reply briefs shall be filed and served not more than **seven (7)** days after the opposition is due.

CRITICALCriminal cases

Sentencing motions must be filed 7 calendar days before sentencing; responses due 5 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. 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

Motions (except sentencing) must be filed 35 days before hearing; oppositions due 14 days after motion; replies due 7 days after opposition.

All motions, except those pertaining to sentencing, shall be filed at least **thirty-five (35)** days in advance of the hearing date. Opposition briefs shall be filed and served not more than **fourteen (14)** days after the motion is filed and served. Reply briefs shall be filed and served not more than **seven (7)** days after the opposition is due.

CRITICALCivil cases

Motions in limine procedure: no reply briefs, maximum 5 per side, page limit 7 pages, serve opening 30 days before FPC, opposition 20 days before, file 14 days before.

Any motions in limine, as to which the parties should follow the following procedure: ... Limit motions in limine to circumstances that require an advance ruling. No more than five (5) motions per side will be allowed. ... The Court does not permit reply briefs.

CRITICALCivil cases

Motions in limine procedure: no reply briefs, maximum 5 per side, page limit 7 pages, serve opening 30 days before FPC, opposition 20 days before, file 14 days before.

Any motions in limine, as to which the parties should follow the following procedure: ... Limit motions in limine to circumstances that require an advance ruling. No more than five (5) motions per side will be allowed. ... The Court does not permit reply briefs.

CRITICALCriminal cases

Motion briefing deadlines: 21 days for motions, 14 days for oppositions, 7 days for replies

Except for hearing and briefing dates set by the court, the parties may stipulate to any briefing schedule they wish as long as all briefing is complete at least 7 days in advance of the hearing. In the absence of a stipulation, motions (except those pertaining to sentencing) shall be filed at least 21 days in advance of the hearing date. Opposition briefs shall be filed at least 14 days in advance of the hearing date. Reply briefs shall be filed at least 7 days in advance of the hearing date.

CRITICALCriminal cases

Sentencing motions: 7 days for filing, 5 days for responses

Motions pertaining to sentencing and sentencing memoranda shall be filed at least 7 days before the date on which Judgment and Sentencing is scheduled. Responses or objections shall be filed at least 5 days before the date on which Judgment and Sentencing is scheduled.

CRITICALCivil cases

Court will construe no more than ten terms; if more than ten disputed, parties must meet and confer to narrow to ten.

As an initial matter, the court will construe no more than ten terms. If more than ten terms are in dispute, the parties must meet and confer before the preparation of the joint claim construction statement on narrowing the selection of terms to be construed by the court and must jointly propose the ten terms requiring construction.

CRITICALCivil cases

If more than ten terms are submitted without leave, court will construe only the first ten and sanctions may be imposed.

If more than ten terms are submitted for construction without leave of court, the court will construe the first ten terms listed in the joint claim construction statement and sanctions may be imposed.

CRITICALCivil cases

Face-to-face videoconference required before court relief for discovery disputes

If meeting and conferring by email, letter, or phone call proves unsuccessful in resolving a discovery dispute, the parties must confer face-to-face by videoconference before seeking relief from the court.

CRITICALCivil cases

Joint Letter (max 5 pages) required within 10 business days after videoconference

If the dispute is not resolved, then, within ten business days of the videoconference, the parties must file a Joint Letter with the court. The Joint Letter may not exceed five pages.

CRITICALCivil cases

Face-to-face videoconference required before court relief for discovery disputes

If meeting and conferring by email, letter, or phone call proves unsuccessful in resolving a discovery dispute, the parties must confer face-to-face by videoconference before seeking relief from the court.

CRITICALCivil cases

Joint Letter (max 5 pages) required within 10 business days after videoconference

If the dispute is not resolved, then, within ten business days of the videoconference, the parties must file a Joint Letter with the court. The Joint Letter may not exceed five pages.

CRITICALCriminal cases

Motions in limine must be filed 14 days before pretrial conference; oppositions due 7 days before.

Any party wishing to have motions in limine heard prior to the commencement of trial must file and serve same no later than fourteen days prior to the date set for the Pretrial Conference. Any party opposing such a motion in limine shall file and serve its opposition papers no later than seven days prior to the Pretrial Conference (with personal service directly on chambers). No reply papers will be considered, and the motions will be heard at the Pretrial Conference or at such other time as the Court may direct.

CRITICALCriminal cases

Counsel must confer before filing any motion under Criminal Local Rule 17.1-1(b).

Before filing any motion, counsel for defendant and for the government SHALL confer concerning any matter covered by Crim. L.R. 17.1-1(b), relevant to the case, in particular, subparagraphs (1) - (3).

CRITICALCriminal cases

Counsel must confer before filing any motion under Criminal Local Rule 17.1-1(b).

Before filing any motion, counsel for defendant and for the government SHALL confer concerning any matter covered by Crim. L.R. 17.1-1(b), relevant to the case, in particular, subparagraphs (1) - (3).

CRITICALCriminal cases

Pre-motion conference required before filing any motion, per Crim. L.R. 47-2 and 17.1-1(b).

All motions shall comply with Crim. L.R. 47-2. Before filing any motion, counsel for defendant and for the government shall confer concerning any matter covered by Crim. L.R. 17.1-1(b) relevant to the case, in particular, subparagraphs (1) - (3).

WARNING

The Rule 56 pre-filing requirement does not apply when either side has a self-represented party, or to habeas petitions or motions in Social Security appeals.

This pre-filing requirement does not apply to either side in cases where one party is self-represented. This pre-filing requirement also does not apply to habeas corpus petitions or motions in Social Security appeals.

WARNING

The court reporter recording the deposition must attend any such telephone conference.

Any such conference shall be attended by the court reporter recording the deposition.

WARNING

Pre-filing conferences are normally set for Wednesday or Friday afternoons at 2:00 p.m. unless circumstances and the Court’s calendar require otherwise, and should be requested sufficiently in advance of the deadlines established in the Court’s initial case management order. All pre-filing conferences are held in person and appearances via telephone and videoconference will not be allowed.

Pre-filing conferences are normally set for Wednesday or Friday afternoons at 2:00 p.m. unless circumstances and the Court’s calendar require otherwise, and should be requested sufficiently in advance of the deadlines established in the Court’s initial case management order. All pre-filing conferences are held in person and appearances via telephone and videoconference will not be allowed.

WARNING

The Rule 56 pre-filing requirement does not apply when either side has a self-represented party, or to habeas petitions or motions in Social Security appeals.

This pre-filing requirement does not apply to either side in cases where one party is self-represented. This pre-filing requirement also does not apply to habeas corpus petitions or motions in Social Security appeals.

WARNING

The court reporter recording the deposition must attend any such telephone conference.

Any such conference shall be attended by the court reporter recording the deposition.

WARNING

Pre-filing conferences are normally set for Wednesday or Friday afternoons at 2:00 p.m. unless circumstances and the Court’s calendar require otherwise, and should be requested sufficiently in advance of the deadlines established in the Court’s initial case management order. All pre-filing conferences are held in person and appearances via telephone and videoconference will not be allowed.

Pre-filing conferences are normally set for Wednesday or Friday afternoons at 2:00 p.m. unless circumstances and the Court’s calendar require otherwise, and should be requested sufficiently in advance of the deadlines established in the Court’s initial case management order. All pre-filing conferences are held in person and appearances via telephone and videoconference will not be allowed.

WARNINGCriminal cases

Parties must meet and confer to resolve motions in limine before filing unresolved ones.

The parties shall then meet and confer to resolve the motions.

WARNINGCivil cases

Advance permission required for more than five motions in limine or motions exceeding page limits.

Please limit motions in limine to circumstances that really need a ruling in advance. Usually five or fewer motions per side is sufficient. Each motion should address a single topic. Advance permission is required for more or longer motions.

WARNINGCivil cases

Meet-and-confer requirement excused only for emergencies with notification.

The meet-and-confer requirement will be excused only under emergency circumstances where the moving party cannot reasonably comply. In such cases, the moving party must still certify that it has notified all other relevant parties in advance of filing its motion, and must detail the efforts made to meet and confer.

WARNINGCivil cases

Meet-and-confer requirement excused only for emergencies with notification.

The meet-and-confer requirement will be excused only under emergency circumstances where the moving party cannot reasonably comply. In such cases, the moving party must still certify that it has notified all other relevant parties in advance of filing its motion, and must detail the efforts made to meet and confer.

WARNINGCivil cases

Live testimony at claim construction requires a court order obtained via administrative motion filed at least 14 days before the hearing.

Live testimony at claim construction is disfavored; it will be allowed only by court order upon an administrative motion explaining why the testimony would be useful. Such a motion must be filed at least fourteen (14) days before the hearing.

WARNINGCivil cases

Live testimony at claim construction requires a court order obtained via administrative motion filed at least 14 days before the hearing.

Live testimony at claim construction is disfavored; it will be allowed only by court order upon an administrative motion explaining why the testimony would be useful. Such a motion must be filed at least fourteen (14) days before the hearing.

WARNING

The Court generally does not refer cases for settlement with a magistrate judge unless the parties have already completed one of the other processes set forth in ADR Local Rule 3-4 (i.e., Early Neutral Evaluation, Mediation, or Private ADR). Parties who complete one of these processes without reaching a settlement may request referral to a magistrate judge at that time. If the parties believe their case merits an exception to this rule, they should discuss their views in the initial case management statement.

The Court generally does not refer cases for settlement with a magistrate judge unless the parties have already completed one of the other processes set forth in ADR Local Rule 3-4 (i.e., Early Neutral Evaluation, Mediation, or Private ADR). Parties who complete one of these processes without reaching a settlement may request referral to a magistrate judge at that time. If the parties believe their case merits an exception to this rule, they should discuss their views in the initial case management statement.

WARNINGCivil cases

Parties must meet in person or by phone at the end of each trial day to discuss next day's exhibits and demonstratives; email is insufficient.

At the end of the trial day, the parties shall meet and confer regarding all exhibits and demonstratives intended to be produced on the following day. Meeting and conferring via email is not sufficient; the parties must meet in person or over the telephone.

WARNINGCivil cases

Parties must meet and confer at least 21 days before the pretrial conference to resolve evidentiary issues by stipulation.

The parties shall meet and confer no later than 21 days before the pretrial conference to determine whether any evidentiary issues may be resolved by stipulation.

WARNINGCivil cases

Parties must meet in person or by phone at the end of each trial day to discuss next day's exhibits and demonstratives; email is insufficient.

At the end of the trial day, the parties shall meet and confer regarding all exhibits and demonstratives intended to be produced on the following day. Meeting and conferring via email is not sufficient; the parties must meet in person or over the telephone.

WARNINGCivil cases

Parties must meet and confer at least 21 days before the pretrial conference to resolve evidentiary issues by stipulation.

The parties shall meet and confer no later than 21 days before the pretrial conference to determine whether any evidentiary issues may be resolved by stipulation.

WARNINGCivil cases

The Court receives many more requests for magistrate judge settlement conferences than it can accommodate. As a result, with limited exceptions, the Court generally does not refer cases for settlement with a magistrate judge unless the parties have already completed one of the other processes set forth in ADR Local Rule 3-4: Early Neutral Evaluation, Mediation, or Private ADR. Parties who complete one of these processes without reaching a settlement may request referral to a magistrate judge at that time.

The Court receives many more requests for magistrate judge settlement conferences than it can accommodate. As a result, with limited exceptions, the Court generally does not refer cases for settlement with a magistrate judge unless the parties have already completed one of the other processes set forth in ADR Local Rule 3-4: Early Neutral Evaluation, Mediation, or Private ADR. Parties who complete one of these processes without reaching a settlement may request referral to a magistrate judge at that time.

WARNINGCivil cases

Absent good cause, the Court will consider only one summary-judgment motion per party.

Absent good cause, the Court will consider only one motion for summary judgment per party.

WARNINGCivil cases

A party may not reserve or have heard more than two motions at a 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.

WARNINGCivil cases

A party may not reserve or have heard more than two motions at a 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.

WARNINGCivil cases

Court may reset hearing dates or vacate hearing for matters suitable for decision without oral argument.

The Court may reset noticed hearing dates as its calendar requires. The Court may determine a matter is suitable for disposition without oral argument and vacate the hearing on the matter.

WARNING

Participants should make reasonable efforts to resolve disputes informally before filing motions.

Engage in reasonable efforts to resolve disputes informally before filing motions.

WARNINGCivil cases

Motions in limine will be heard at the pretrial conference or another time directed by the Court, unless the Court finds oral argument unnecessary.

The motions will be heard at the pretrial conference or at such other time as the Court may direct, unless the Court determines that oral argument is unnecessary.

WARNING

Participants should make reasonable efforts to resolve disputes informally before filing motions.

Engage in reasonable efforts to resolve disputes informally before filing motions.

WARNINGCivil cases

Parties must meet and confer before filing motions in limine.

The parties must meet and confer with respect to motions in limine and attempt to resolve them by stipulation.

WARNINGCivil cases

Court will address only one motion for summary judgment per side absent good cause.

Absent of a showing of good cause, the Court will address only one motion for summary judgment per side.

INFOCivil cases

Pre-filing conferences typically scheduled Wednesdays or Fridays at 2:00 PM.

Pre-filing conferences are normally set for Wednesday or Friday afternoons at 2:00 p.m. unless circumstances and the Court’s calendar require otherwise, and should be requested sufficiently in advance of the deadlines established in the Court’s initial case management order.

INFO

After receiving the joint letter brief, the Court will advise the parties whether additional briefing, a telephone conference, or an in-person appearance is necessary.

The Court will then advise the parties if additional briefing, a telephonic conference, or a personal appearance will be necessary.

INFO

After receiving the joint letter brief, the Court will advise the parties whether additional briefing, a telephone conference, or an in-person appearance is necessary.

The Court will then advise the parties if additional briefing, a telephonic conference, or a personal appearance will be necessary.

INFOCriminal cases

Parties may stipulate to a briefing schedule if all briefing is complete at least 7 days before the hearing.

Unless otherwise ordered, the parties may stipulate to any mutually agreeable briefing schedule so long as all briefing is complete at least seven (7) days in advance of the hearing.

INFOCriminal cases

Parties may stipulate to a briefing schedule if all briefing is complete at least 7 days before the hearing.

Unless otherwise ordered, the parties may stipulate to any mutually agreeable briefing schedule so long as all briefing is complete at least seven (7) days in advance of the hearing.

INFOCivil cases

Settlement conference referral allowed after unsuccessful ADR completion.

Parties who complete one of these processes without reaching a settlement may request referral to a magistrate judge at that time.

INFOCivil cases

Motions in limine will be heard at the pretrial conference or as directed by the court.

The motions will be heard at the Pretrial Conference or at such other time as the Court may direct.

INFOCivil cases

Motions in limine will be heard at the pretrial conference or as directed by the court.

The motions will be heard at the Pretrial Conference or at such other time as the Court may direct.

INFO

Meaningful meet and confer should eliminate need to propose different constructions in briefs.

The Court anticipates that a meaningful meet and confer between the parties preceding the preparation of the joint claim construction statement will eliminate the need for a party to propose in its briefs a claim construction that differs from that proposed in the statement.

INFO

Meaningful meet and confer should eliminate need to propose different constructions in briefs.

The Court anticipates that a meaningful meet and confer between the parties preceding the preparation of the joint claim construction statement will eliminate the need for a party to propose in its briefs a claim construction that differs from that proposed in the statement.

INFOCivil cases

Exceptions to settlement conference rule may be discussed in initial case management statement or via joint early case management conference request.

If the parties believe their case merits an exception to this rule, they should discuss their views in the initial case management statement. If they seek a referral before the initial case management conference, they may file a joint request for an early case management conference.

INFOCivil cases

Motions in limine heard at pretrial conference unless oral argument unnecessary

The motions will be heard at the pretrial conference or at such other time as the Court may direct, unless the Court determines that oral argument is unnecessary.

INFOCivil cases

Exceptions to settlement conference rule may be discussed in initial case management statement or via joint early case management conference request.

If the parties believe their case merits an exception to this rule, they should discuss their views in the initial case management statement. If they seek a referral before the initial case management conference, they may file a joint request for an early case management conference.

INFOCivil cases

Motions in limine heard at pretrial conference unless oral argument unnecessary

The motions will be heard at the pretrial conference or at such other time as the Court may direct, unless the Court determines that oral argument is unnecessary.

INFOCivil cases

Case management conferences held Tuesdays at 9:00 a.m., may be combined with other hearings.

Case management conferences are held on Tuesdays at 9:00 a.m. If a matter is set for a hearing, the Court may elect to hold a case management conference in conjunction with that hearing.

INFOCivil cases

Filing deadlines are 5:00 p.m. unless otherwise ordered.

All filing deadlines are at 5:00 p.m. unless otherwise ordered.

INFOCivil cases

Motions in limine are deemed submitted without oral argument unless the court orders otherwise.

Unless otherwise ordered, these motions will be deemed submitted without oral argument.

INFOCivil cases

Prehearing claim construction conferences are generally not held, but parties may address prehearing issues at the tutorial or request a case management conference to be held at least two weeks prior to the hearing. If the parties anticipate witness testimony will be necessary, counsel shall alert the Court via a joint status report and request such a case management conference.

Prehearing claim construction conferences are generally not held, but parties may address prehearing issues at the tutorial or request a case management conference to be held at least two weeks prior to the hearing. If the parties anticipate witness testimony will be necessary, counsel shall alert the Court via a joint status report and request such a case management conference.

INFO

Parties may stipulate to vacate the initial case management conference when a case-dispositive motion to dismiss is filed, and the Court will reset the CMC after the motion to dismiss hearing.

If a defendant files a motion to dismiss that is dispositive of the entire case, the parties may stipulate to vacate the initial case management conference, which will be reset by the Court after the motion to dismiss hearing.

INFOCivil cases

Motions in limine are typically unnecessary in bench trials.

Motions in limine are typically not necessary in a bench trial.

INFOCivil cases

Motions in limine will be heard at the Pretrial Conference unless the Court directs another time.

The motions will be heard at the Pretrial Conference or at such other time as the Court may direct.

INFOCivil cases

Motions in limine will be heard at the Pretrial Conference unless the Court directs another time.

The motions will be heard at the Pretrial Conference or at such other time as the Court may direct.

INFO

Unresolved discovery disputes may be filed as joint letter after meet and confer.

If unable to resolve all disputes through this procedure, the party seeking Court intervention may file an appropriate joint letter.

INFOCivil cases

If no plaintiff summary judgment motion, defendants may file 5 weeks before cut-off following Local Rule 7-3 schedule.

If Plaintiffs do not file a motion for summary judgment, Defendants may file one five (5) weeks before the case-dispositive motion hearing cut-off date and the schedule in Local Rule 7-3 shall apply.

INFO

No prehearing conferences; prehearing issues addressed at tutorial.

The Court does not conduct prehearing conferences. The parties may address any prehearing issues at the tutorial.

INFOCivil cases

Court strongly prefers four-brief schedule for cross-motions for summary judgment.

In the event parties intend to cross-move for summary judgment, the Court strongly prefers a four-brief schedule.

INFOCivil cases

Court strongly prefers four-brief schedule for cross-motions for summary judgment.

In the event parties intend to cross-move for summary judgment, the Court strongly prefers a four-brief schedule.

INFOCivil cases

Tutorial scheduled 2-4 weeks before claim construction hearing; each side 30-45 minutes; patent holder first; visual aids encouraged; non-counsel presenter preferred; no argument or examination; not recorded.

The court will schedule a tutorial to occur two to four weeks prior to the claim construction hearing. Each side will be permitted 30-45 minutes to present a summary of the background of the technology involved, an explanation of the nature of the problem the inventor sought to solve, and reference to the prior art in existence at the time of conception. The patent holder will make the first presentation. Visual aids are encouraged. The court prefers that someone other than counsel make the presentation. No argument or examination will be permitted. The proceeding is not recorded and statements made during the tutorial may not be cited as judicial admissions against a party.

INFOCriminal cases

Pretrial conference scheduled for 1:30 p.m.

A Pretrial Conference SHALL be held at 1:30 p.m. on

INFOCriminal cases

Counsel must confer and discuss evidentiary objections and trial simplification with the court.

Counsel SHALL confer in advance and be prepared to discuss with the Court any anticipated evidentiary objections and any means for shortening and simplifying the trial (e.g., by stipulating to such matters as chain of custody, nature of substances, use of the mails, etc.).

CRITICALCivil cases

Pre-filing conference and letter are required before filing summary judgment (Rule 56) motions, except in pro se, habeas, and Social Security cases; letter due 7 business days before proposed conference, opponents have 3 business days to respond; conferences are in person only.

Except as specifically set forth below, no motion for summary judgment pursuant to Rule 56 of the Rules of Civil Procedure may be filed without prior leave of Court. The moving party must file a letter, with a copy to Chambers and the opposing parties, to request a pre-filing conference, and propose a date and time for such conference. Pre-filing conferences are normally set for Wednesday or Friday afternoons at 2:00 p.m. unless circumstances and the Court’s calendar require otherwise, and should be requested sufficiently in advance of the deadlines established in the Court’s initial case management order. All pre-filing conferences are held in person and appearances via telephone and videoconference will not be allowed. The moving party’s letter shall be submitted at least seven (7) business days prior to the proposed conference date and must explain the grounds for the motion. Within three (3) business days after receipt of the letter, any party who will oppose the motion must file a written response addressing the substance of the moving party’s letter, with a copy to Chambers and opposing parties. This pre-filing requirement does not apply to either side in cases where one party is self-represented. This pre-filing requirement also does not apply to habeas corpus petitions or motions in Social Security appeals.

CRITICAL

Lead counsel must meet and confer at least 42 days before the final pretrial conference.

At least forty-two (42) days prior to the final pretrial conference, lead counsel who will try the case shall meet and confer regarding the following: . Preparation and content of the joint pretrial conference statement, see Part B, infra; . Preparation and exchange of pretrial materials, see Part C, infra; and . Settlement of the action.

CRITICAL

Motions in limine: serve moving papers 32 days before pretrial conference, serve oppositions 25 days before, then file paired sets 21 days before conference.

At least thirty-two (32) days before the pretrial conference, serve – but do not file – the moving papers. At least twenty-five (25) days before the conference, serve – but do not file – the oppositions. 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.

CRITICAL

Meet and confer must occur 21 days before the pretrial conference statement is due.

Meet and Confer - 21 days before Pretrial Conference Statement

CRITICAL

Lead counsel must meet and confer at least 42 days before the final pretrial conference.

At least forty-two (42) days prior to the final pretrial conference, lead counsel who will try the case shall meet and confer regarding the following: . Preparation and content of the joint pretrial conference statement, see Part B, infra; . Preparation and exchange of pretrial materials, see Part C, infra; and . Settlement of the action.

CRITICAL

Motions in limine: serve moving papers 32 days before pretrial conference, serve oppositions 25 days before, then file paired sets 21 days before conference.

At least thirty-two (32) days before the pretrial conference, serve – but do not file – the moving papers. At least twenty-five (25) days before the conference, serve – but do not file – the oppositions. 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.

CRITICAL

Meet and confer must occur 21 days before the pretrial conference statement is due.

Meet and Confer - 21 days before Pretrial Conference Statement

CRITICALCivil cases

Failure to file motion within deadline cancels hearing reservation.

If a party fails to timely file any motion, the hearing reservation will be cancelled.

CRITICALCivil cases

Motions to dismiss and remand are submitted on papers without hearing by default.

By default, motions to dismiss and remand will be submitted on the papers, and no hearing will be held. If a hearing is set by the parties, it will automatically be vacated.

CRITICALCivil cases

Motions to dismiss and remand are submitted on papers without hearing by default.

By default, motions to dismiss and remand will be submitted on the papers, and no hearing will be held. If a hearing is set by the parties, it will automatically be vacated.

CRITICALCivil cases

For cross-motions for summary judgment, parties must file four briefs sequentially in specified order instead of simultaneous pairs.

In the event of cross-motions for summary judgment, the parties must file a total of four briefs sequentially, rather than three pairs of simultaneous briefs. Unless the parties agree to reverse the order, the opening brief is filed by the party asserting infringement, the opening/opposition brief is filed by the party defending against the infringement claim, the opposition/reply is filed by the party asserting infringement, and the reply is filed by the party is limited to 50 pages, the third brief is limited to 30 pages, and the fourth brief is limited to 20 pages.

CRITICALCivil cases

Must comply with meet and confer requirements before filing sanctions motion.

19. No motion for sanctions may be filed until after the moving party has complied with the requirements of paragraphs 13-17 above. Motions for sanctions shall be filed separately, pursuant to Federal Rule 37 and Civil Local Rules 7 and 37-3.

WARNINGCriminal cases

Reply briefs to motions in limine are not permitted without prior court order.

The Court will not consider reply briefs absent prior order on a showing sets another time.

WARNINGCriminal cases

Reply briefs to motions in limine are not permitted without prior court order.

The Court will not consider reply briefs absent prior order on a showing sets another time.