Northern District of California Service and Proof of Service Rules

CRITICAL

The filing party must serve all documents sought to be sealed on all parties and any designating third party whose confidential information is included.

The filing party shall serve all documents to be sealed upon all parties and on any designating third party whose confidential information is included.

CRITICAL

The plaintiff, or a removing defendant in a removed action, must promptly serve the specified orders on all parties, including subsequently joined parties, and file a certificate of service.

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

CRITICALCivil cases

Deadline

28 calendar days

At least 28 days before the Pretrial Conference, parties must exchange one trial-ready set of proposed exhibits and related materials, along with a complete exhibit list.

At least twenty-eight (28) days before the Pretrial Conference, the parties shall exchange with every other party one set of all proposed exhibits, charts, schedules, summaries, diagrams, recordings, and other similar documentary materials *in the form to be used at trial*, together with a complete list of all such proposed exhibits.

CRITICALCivil cases

Deadline

28 calendar days

A transcript of each audio or video recording intended for trial must be delivered to opposing counsel 28 days in advance and discussed during meet and confer.

A written transcript of all audio or video recordings to be used at trial must be delivered to opposing counsel twenty-eight (28) days in advance, and discussed during the meet and confer process.

CRITICALCivil cases

Deadline

14 calendar days

In non-jury cases, each party must serve and lodge proposed findings of fact and conclusions of law on all material issues 14 days before the Pretrial Conference.

In non-jury cases, each party shall serve and lodge with the Court **fourteen (14) days** prior to the Pretrial Conference, proposed Findings of Fact and Conclusions of Law on all material issues.

CRITICALCivil cases

Applies to

Separate statement

Upon filing, the moving party shall provide the separate statement to all other parties in an electronic, word-processing format for ease of response thereto.

Upon filing, the moving party shall provide the separate statement to all other parties in an electronic, word-processing format for ease of response thereto.

CRITICALCivil cases

Filing party must serve all documents to be sealed on all parties and any designating third party whose confidential information is included in the documents.

d. Service and Opportunity for Dedesignation i. The filing party shall serve all documents to be sealed upon all parties and on any designating third party whose confidential information is included.

CRITICALCivil cases

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

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

CRITICALCivil cases

Deadline

24 hours

Demonstrative exhibits must be provided to opposing parties and the Court at least 24 hours before hearing, with printed copies brought to the hearing.

if a party intends to use demonstrative exhibits (including PowerPoint presentation), it shall provide a copy to opposing parties and the Court no fewer than 24 hours in advance of the hearing and bring printed copies of the demonstrative(s) to the hearing.

CRITICALCivil cases

Deadline

20 calendar days

Applies to

Motion in limine

Serve motions in limine at least 20 calendar days before the pretrial conference; do not file them at that time.

At least twenty calendar days before the conference, serve, but do not file, the moving papers.

CRITICALCivil cases

Deadline

10 calendar days

Applies to

Opposition

Serve oppositions to motions in limine at least 10 calendar days before the pretrial conference.

At least ten calendar days before the conference, serve the oppositions.

CRITICAL

Applies to

Standing order

Plaintiff must serve specified standing orders on all parties and file a certificate of service.

Plaintiff (or in the case of removed cases, any removing defendant) is directed to serve copies of: (1) this standing order, (2) this Court’s “Civil Standing Order on Discovery,” and (3) the “Standing Order for All Judges of the Northern District of California — Contents of Joint Case Management Statement” at once upon all parties to the action, and upon those subsequently joined, in accordance with the provisions of Federal Rules of Civil Procedure 4 and 5. The plaintiff (or in the case of removed cases, any removing defendant) shall also file with the Clerk of the Court a certificate reflecting such service, in accordance with Civil Local Rule 5-5.

CRITICAL

Parties moving for emergency relief must make every reasonable effort to notify the opposing party and its counsel at the earliest possible time, or the request will likely be denied.

A party moving for emergency relief must demonstrate that it made every reasonable effort to notify the opposing party and the opposing party's counsel, at the earliest possible time, of its intent to seek emergency relief. Failure to do so will likely result in denial of the request.

CRITICAL

Upon filing, the moving party must provide the moving separate statement to all other parties in Microsoft Word format.

Upon filing, the moving party shall provide the moving separate statement to all other parties in Microsoft Word format for ease of response.

CRITICAL

Applies to

Notice of deposition

Notices of deposition must be served at least 30 days before the close of fact discovery.

Notice of depositions must be given at least 30 days prior to the close of fact discovery.

CRITICALCivil cases

Motions in limine moving papers must be served (not filed) at least 14 days before the pretrial filings due date.

At least 14 days before the pretrial filings due date, counsel must serve, but not file, the moving papers.

CRITICALCivil cases

Responding party must serve oppositions to pretrial motions at least 4 days before the pretrial filings due date.

At least 4 days before the pretrial filings due date, the responding party must serve, but not file, the oppositions.

CRITICALCivil cases

Within five days of a complaint filing, reassignment, or addition of a party, the plaintiff must serve both specified standing orders on all parties.

Within five days of the filing of the complaint, the reassignment of a case to this Court, or the addition of a new party, the plaintiff must serve on all parties a copy of this order and the Standing Order for All Judges of the Northern District of California: Contents of Joint Case Management Statement.

CRITICALCivil cases

Deadline

21 calendar days

Applies to

Exhibit

Parties must exchange all case-in-chief exhibits and a complete list 21 calendar days before the final pretrial conference, with voluminous exhibits reduced.

At least 21 calendar days before the final pretrial conference, the parties must exchange copies of all exhibits, summaries, charts, schedules, diagrams, and other similar documentary materials to be used in their case-in-chief, together with a complete list of all such proposed exhibits. Voluminous exhibits must be reduced by elimination of irrelevant portions or through the use of summaries.

CRITICALCivil cases

Deadline

7 calendar days

Applies to

Proposed findings conclusions

Service

Email to court

Parties must serve and file proposed findings of fact and conclusions of law 7 calendar days before pretrial conference.

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

CRITICALCivil cases

Parties must notify all other parties by close of each trial day of witnesses they intend to call the following trial day.

Unless otherwise ordered, each party must notify all other parties by the close of each trial day of the witnesses that party intends to call on the following trial day.

CRITICALCivil cases

Parties must notify other parties of next day's witnesses by close of each trial day; non-compliance may result in witness exclusion.

Unless otherwise ordered, each party must notify all other parties by the close of each trial day of the witnesses that party intends to call on the following trial day. Failure to comply with this order may, in the discretion of the Court, be grounds for exclusion of any witness who was not properly disclosed.

CRITICALCivil cases

Applies to

Standing order

Plaintiff must serve this order and the Standing Order on all parties within five days of complaint filing, case reassignment, or new party addition.

Within five days of the filing of the complaint, the reassignment of a case to this Court, or the addition of a new party, the plaintiff must serve on all parties a copy of this order and the Standing Order for All Judges of the Northern District of California: Contents of Joint Case Management Statement.

CRITICALCivil cases

Plaintiff must serve a copy of this order and the Standing Order for All Judges on all parties within five days of filing, reassignment, or new party addition.

Within five days of the filing of the complaint, the reassignment of a case to this Court, or the addition of a new party, the plaintiff must serve on all parties a copy of this order and the Standing Order for All Judges of the Northern District of California: Contents of Joint Case Management Statement.

CRITICALCriminal cases

Applies to

Witness notice

Unless otherwise ordered, parties must notify all other parties by the close of each trial day of the witnesses they intend to call on the next trial day.

Unless otherwise ordered, each party must notify all other parties by the close of each trial day of the witnesses that party intends to call on the following trial day.

CRITICALCriminal cases

Deadline

21 calendar days

Applies to

Exhibit

Parties must exchange all exhibits and related materials for their case-in-chief, plus a complete exhibit list, at least 21 calendar days before the final pretrial conference; voluminous exhibits must be reduced to remove irrelevant portions or use summaries.

At least 21 calendar days before the final pretrial conference, the parties must exchange copies of all exhibits, summaries, charts, schedules, diagrams, and other similar documentary materials to be used in their case-in-chief, together with a complete list of all such proposed exhibits. Voluminous exhibits must be reduced by elimination of irrelevant portions or by using summaries.

CRITICALCivil cases

Service

Email

Electronic copies of the chart included in the joint claim construction statement must be submitted in Word format to the designated court email address (nwpo@cand.uscourts.gov).

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

CRITICALCivil cases

Service

Email

Electronic copies of the attorney’s fees motion chart must be submitted in Word format to the designated court email address (nwpo@cand.uscourts.gov).

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

CRITICALCivil cases

Applies to

Standing order

Plaintiff must serve this order and the Joint Case Management Statement standing order on all parties within five days of complaint filing, case reassignment, or new party addition.

Within five days of the filing of the complaint, the reassignment of a case to this Court, or the addition of a new party, the plaintiff must serve on all parties a copy of this order and the Standing Order for All Judges of the Northern District of California: Contents of Joint Case Management Statement.

CRITICALCivil cases

Applies to

Administrative request

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.

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.

CRITICAL

Emergency relief will be denied unless the applicant shows it made every reasonable effort to notify the opposing party at the earliest possible time of its intent to seek emergency relief.

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

CRITICAL

Deadline

2 hours

Applies to

Demonstrative

Demonstratives used in response to the Court's questions must be provided to opposing counsel at least two hours before the hearing, are not part of the record, and counsel must state the relevant record cites verbally for the court reporter.

However, counsel may use demonstratives in responding to the Court’s questions, as long as they are provided to opposing counsel at least two hours before the hearing. Any such demonstratives will not be part of the record, so counsel should state verbally for the court reporter the relevant portion of the record being highlighted on the demonstrative (e.g., “page 5342 of the administrative record” or “page 12, line 5 of the Jones deposition”).

CRITICALCriminal cases

At the close of each trial day, counsel must notify opposing counsel of the witnesses who will be called over the following two trial days.

At the close of each trial day, counsel must notify the other side of the witnesses who will be called the following two trial days.

CRITICALCivil cases

Deadline

28 calendar days

Applies to

Motion in limine opening brief

The moving party must serve, but not file, each motion in limine opening brief at least 28 calendar days before the final pretrial conference.

Motions in limine shall be submitted as follows: At least 28 calendar days before the final pretrial conference, the moving party shall serve, but not file, the opening brief.

CRITICAL

Applies to

Emergency application

Emergency relief will be denied unless the applicant shows it made every reasonable effort to notify the opposing party, at the earliest possible time, of its intent to seek emergency relief.

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

CRITICALCivil cases

Applies to

Motion in limine

Motions in limine must be served 28 days before the pretrial conference.

serve motions 28 Days Before Pretrial in limine Conference

CRITICALCivil cases

Applies to

Opposition

Oppositions to motions in limine must be served 21 days before the pretrial conference.

Serve oppositions to motions in limine 21 Days Before Pretrial Conference

CRITICALCivil cases

Deadline

2 calendar days

Counsel for the proffering party must provide the final packet to the Court at least two calendar days before the proffer is used.

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

CRITICALCivil cases

Deadline

30 calendar days

Each party must provide every other party, but not the Court, one set of proposed case-in-chief trial materials and a complete exhibit list at least 30 days before the Pretrial Conference.

At least 30 days before the Pretrial Conference, each party shall provide every other party (but not the Court) with one set of all proposed exhibits, charts, schedules, summaries, diagrams, and other similar documentary materials to be used in its case in chief at trial, together with a complete list of all such proposed exhibits.

CRITICALCivil cases

Deadline

30 calendar days

At least 30 days before the Pretrial Conference, each party must provide the other parties witness names and testimony subjects, plus citations to potentially introduced discovery evidence, except evidence used solely for impeachment or rebuttal.

At least 30 days before the Pretrial Conference, each party shall provide every other party (but not the Court) with (1) the names of all witnesses each party intends to call at trial, as well as a brief description of the subject matter of their testimony; and (2) a list containing citations to all evidence that a party might introduce at trial, other than that to be used solely for impeachment or rebuttal, that was obtained from deposition testimony, interrogatory responses, or ===== PAGE 2 ===== 1 responses to requests for admission.

CRITICALCivil cases

Deadline

30 calendar days

Each party must provide every other party, but not the Court, one set of its proposed case-in-chief materials and a complete exhibit list at least 30 days before the Pretrial Conference.

At least 30 days before the Pretrial Conference, each party shall provide every other party (but not the Court) with one set of all proposed exhibits, charts, schedules, summaries, diagrams, and other similar documentary materials to be used in its case in chief at trial, together with a complete list of all such proposed exhibits.

CRITICALCivil cases

Deadline

30 calendar days

Each party must provide the opposing parties its intended trial witnesses and testimony subjects, plus citations to specified potential trial evidence, at least 30 days before the Pretrial Conference.

At least 30 days before the Pretrial Conference, each party shall provide every other 2 party (but not the Court) with (1) the names of all witnesses each party intends to call at trial, as well as a brief description of the subject matter of their testimony; and (2) a list containing citations to all evidence that a party might introduce at trial, other than that to be used solely for impeachment or rebuttal, that was obtained from deposition testimony, interrogatory responses, or responses to requests for admission.

CRITICALCivil cases

Deadline

30 calendar days

At least 30 days before the Pretrial Conference, each party must provide every other party one set of its proposed case-in-chief trial materials and a complete exhibit list; electronic delivery is allowed by agreement.

At least 30 days before the Pretrial Conference, each party shall provide every other party (but not the Court) with one set of all proposed exhibits, charts, schedules, summaries, diagrams, and other similar documentary materials to be used in its case in chief at trial, together with a complete list of all such proposed exhibits. These materials may be provided in electronic form if the parties so agree.

CRITICALCivil cases

Deadline

30 calendar days

At least 30 days before the Pretrial Conference, each party must provide other parties witness names and testimony subjects and citations to potentially introduced discovery-derived evidence, excluding evidence used solely for impeachment or rebuttal.

At least 30 days before the Pretrial Conference, each party shall provide every other 2 party (but not the Court) with (1) the names of all witnesses each party intends to call at trial, as well as a brief description of the subject matter of their testimony; and (2) a list containing citations to all evidence that a party might introduce at trial, other than that to be used solely for impeachment or rebuttal, that was obtained from deposition testimony, interrogatory responses, or responses to requests for admission.

CRITICALCivil cases

Applies to

Standing order

Plaintiff (or the removing defendant in a removed case) must promptly serve this standing order and the Standing Order for All Judges on all parties, including those later joined, per FRCP 4 and 5, and then file a certificate of service with the Clerk.

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

CRITICALCriminal cases

Copies of all marked exhibits must be served on all parties at least seven days before the pretrial conference.

Serve and file exhibit lists and serve copies of all marked exhibits on all parties.

CRITICALCivil cases

Parties seeking emergency relief must notify opposing party and counsel at the earliest possible time of intent to seek such relief, or relief will be denied.

effort to notify the opposing party and the opposing party’s counsel, at the earliest possible time, of its intent to seek emergency relief, the relief will not be granted.

CRITICALCivil cases

Meet and confer regarding pretrial 28 Days Before Pretrial Conference conference,

Meet and confer regarding pretrial 28 Days Before Pretrial Conference conference,

CRITICALCivil cases

Oppositions to motions in limine must be served 21 days before the pretrial conference.

Serve oppositions to motions in limine 21 Days Before Pretrial Conference

CRITICALCivil cases

Deadline

21 calendar days

Opposition briefs for motions in limine must be served at least 21 calendar days before the final pretrial conference and not filed until paired with the motion.

At least 21 calendar days before the conference, the responding party shall serve, but not file, the opposition.

CRITICALCivil cases

Deadline

28 calendar days

Opening briefs for motions in limine must be served at least 28 calendar days before the final pretrial conference and not filed until paired with the opposition.

At least 28 calendar days before the final pretrial conference, the moving party shall serve, but not file, the opening brief.

CRITICALCivil cases

Deadline

24 hours

Counsel must exchange witness lists and direct examination exhibits at the end of each trial day; opposing counsel must respond with objections and cross-examination exhibits within 24 hours.

At the close of each trial day, counsel shall exchange a list of witnesses for the next two full court days and the exhibits that will be used during direct examination (other than for impeachment of an adverse witness). Within 24 hours of receiving such notice, opposing counsel shall provide any objections to such exhibits and shall provide a list of all exhibits to be used with the same witness on cross-examination (other than for impeachment).

CRITICALCivil cases

Service

Email

The Involved Individuals List must be sent to vcpo@cand.uscourts.gov.

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

CRITICAL

Deadline

7 calendar days

Plaintiff or removing defendant must serve this Standing Order on all parties within 7 calendar days of their appearance.

Plaintiff (or in the case of removed cases, any removing Defendant) is directed: (a) to serve copies of this Standing Order upon all other Parties to the action within seven (7) calendar days of the appearance of these other Parties, including any subsequently joined Parties, pursuant to Federal Rules of Civil Procedure 4 and 5

CRITICAL

Applies to

Written discovery request

Propounding parties must provide electronic format courtesy copies of written discovery requests to responding parties.

The party propounding discovery shall provide courtesy copies of all requests for written discovery (i.e., interrogatories, document requests, requests for admission) to the responding party in an electronic format (e.g., Microsoft Word or other word processing application) that easily permits the responding party to copy the requests for purposes of responding to them.

CRITICALCivil cases

Applies to

Deposition designation final packet

Final deposition designation packet must be provided to the court 14 days before the pretrial conference.

Counsel for the proffering party must collate and assemble a final packet that covers all remaining issues and provide it to the court fourteen days before the pretrial conference.

CRITICALCivil cases

Applies to

Deposition designation packet

Deposition designation packet must be served on other parties at least 30 days before the pretrial conference.

The packet must be provided to the other parties at least thirty days before the pretrial conference.

CRITICALCivil cases

Applies to

Settlement conference statement

Counsel must serve a copy of the Settlement Conference Statement on all other parties.

Counsel shall serve a copy of the Settlement Conference Statement on all other Parties.

CRITICALCivil cases

Confidential Settlement Statements must not be served on other parties.

The Confidential Settlement Statements shall not be served upon the other Parties.

CRITICALCivil cases

Deadline

5 business days

Applies to

Standing order

Plaintiff must serve the Settlement Conference Standing Order on all other parties within 5 business days of referral.

Within five (5) business days of any Notice, Order, Stipulation, or other determination referring a case to Judge Kang for settlement, the plaintiff in such case shall serve a copy of this Settlement Conference Standing Order on all other Parties in that case.

CRITICALCivil cases

The confidential addendum must not be served on any other party.

The confidential addendum is not to be served on any other party

CRITICAL

Applies to

Standing order

Plaintiff must serve specified standing orders on all parties and file a certificate of service.

Plaintiff (or in the case of removed cases, any removing defendant) is directed to serve copies of: (1) this standing order, (2) this Court's "Civil Standing Order on Discovery," and (3) the "Standing Order for All Judges of the Northern District of California – Contents of Joint Case Management Statement" at once upon all parties to the action, and upon those subsequently joined, in accordance with the provisions of Federal Rules of Civil Procedure 4 and 5. The plaintiff (or in the case of removed cases, any removing defendant) shall also file with the Clerk of the Court a certificate reflecting such service, in accordance with Civil Local Rule 5-5.

CRITICALCivil cases

Applies to

Motion in limine opposition

Responding party must serve opposition to motion in limine at least 20 calendar days before the final pretrial conference.

at least twenty (20) days before the Final Pretrial Conference, the responding party shall serve, but not file, the opposition

CRITICALCivil cases

Deadline

30 calendar days

Applies to

Motion in limine opening brief

Moving party must serve opening brief for motion in limine at least 30 calendar days before the final pretrial conference.

at least thirty (30) calendar days before the Final Pretrial Conference, the moving party shall serve, but not file, the opening brief

CRITICALCivil cases

Applies to

Order

Plaintiff must serve the order on all parties per FRCP 4 and 5 and file a certificate of service.

Plaintiff(s) shall serve copies of this Order at once on all parties to this action, and on any parties subsequently joined, in accordance with the provisions of Fed. R. Civ. P. 4 and 5. Following service, plaintiff(s) shall file a certificate of service with the Clerk of this Court.

CRITICALCivil cases

Applies to

Summons and complaint

Pro se litigants not granted IFP must comply with FRCP Rule 4 service requirements and obtain a summons from the clerk.

If you are proceeding in this lawsuit without an attorney, and have not been granted leave to proceed in forma pauperis, then the following directives apply to you in the prosecution of your case. The court hereby ORDERS you to comply with the service requirements of Rule 4 of the Federal Rules of Civil Procedure as set forth below. Failure to follow the procedures set forth in this order may result, under Rule 4 (m), in dismissal of your case. It is your responsibility to obtain a valid summons from the clerk and to effect service

CRITICALCivil cases

Service of summons and complaint must be made within 90 days after filing the complaint, or the action may be dismissed as to that defendant.

If service of the summons and complaint is not made upon a defendant within 90 days after the filing of the complaint, your action will, under Rule 4 (m), be dismissed as to that defendant.

CRITICALCivil cases

Service of summons and complaint must be made by a non-party at least 18 years old; parties cannot serve.

Service may be effected by any person who is not a party and who is at least 18 years of age, which means that you, as a party, may not effect service.

CRITICALCivil cases

The filing party must serve the listed materials, this Order, and Civil Local Rule 79-5 on parties not on ECF and non-parties that designated material confidential.

The filing party must serve the above items, this Order, and a copy of Civil Local Rule 79-5 upon (i) any party who is not on ECF, and (ii) any non-party that has designated as confidential any material to be sealed.

WARNINGCivil cases

By joint agreement, parties may exchange only a complete list identifying the proposed exhibits by Bates label or other identification instead of the documents themselves.

By joint agreement only, the parties may exchange the above-referenced documents by providing only a complete list of proposed exhibits through reference to bates labels or other identification.

WARNINGCivil cases

Deadline

5 calendar days

Applies to

Deposition testimony

Deposition testimony should be provided to all other parties at least five calendar days before it will be used in court.

Deposition testimony should be provided to all other parties at least five calendar days before it will be used in court.

WARNINGCivil cases

Applies to

Deposition notice

The party seeking a deposition may generally notice it at least 10 days in advance, consistent with Civil Local Rule 30-1.

The parties shall comply with Civ. L.R. 30-1. Generally, the party seeking the deposition may notice it at least ten (10) days in advance.

WARNINGCivil cases

Applies to

Subpoena duces tecum

Subpoenas and document requests to witnesses should ordinarily be served at least 30 days before a deposition unless otherwise stipulated, with documents available for inspection before the deposition.

Witnesses subpoenaed or requested to produce documents should ordinarily be served at least 30 days before the scheduled deposition unless otherwise stipulated, and arrangements should be made to permit inspection of the documents before the deposition commences.

WARNING

Applies to

Discovery requests

Discovery requests must be served sufficiently in advance of the close of fact discovery to allow time to move to compel and receive responses before the cut-off date.

Accordingly, all discovery requests shall be served sufficiently in advance of the close of fact discovery to allow the discovering party enough time prior to the cut-off date to challenge allegedly deficient responses via motion to compel and to receive the necessary responses if the motion is granted.

WARNINGCivil cases

Applies to

Opening sumf

Moving party must provide Opening SUMF to all other parties in Word format upon filing.

Upon filing, the moving party shall provide the Opening SUMF to all other parties in Microsoft Word format for ease of response thereto.

WARNING

Deadline

2 hours

Claim construction hearing demonstratives must be based on the filed papers and exchanged at least two hours before the hearing, which has a default 3-hour time limit (90 minutes per side).

Claim construction hearings will have a default time limit of 3 hours (90 minutes per side), and will go back and forth term-by-term. Visual aids or demonstrative exhibits are fine, as long as they are based on information contained in the papers already filed and are exchanged at least two hours beforehand.

WARNING

Deadline

2 hours

Visual aids are fine, and should be exchanged at least two hours beforehand.

Visual aids are fine, and should be exchanged at least two hours beforehand.

WARNINGCivil cases

Deadline

5 calendar days

Deposition testimony should be provided to all other parties at least five calendar days before it will be used in court.

Deposition testimony should be provided to all other parties at least five calendar days before it will be used in court.

WARNINGCivil cases

Deadline

5 calendar days

Deposition testimony should be provided to all other parties at least five calendar days before use in court; voluminous designations require more lead time.

Deposition testimony should be provided to all other parties at least five calendar days before it will be used in court. For the rare case of voluminous designations, more lead time will be required. Please be reasonable.

WARNING

Deadline

7 calendar days

Applies to

Standing order

Plaintiff must serve this Standing Order on all parties within 7 calendar days and file a certificate of service.

Plaintiff (or in the case of removed cases, any removing Defendant) is directed: (a) to serve copies of this Standing Order upon all other Parties to the action within seven (7) calendar days of the appearance of these other Parties, including any subsequently joined Parties, pursuant to Federal Rules of Civil Procedure 4 and 5; and (b) to file with the Clerk of the Court a certificate reflecting such service, in accordance with Civil Local Rule 5-5.

WARNINGCivil cases

Applies to

Settlement conference statement

Settlement Conference Statement must be served on opposing counsel.

The Settlement Conference Statement shall be served on opposing counsel.

WARNING

Deadline

7 calendar days

Plaintiff or removing defendant must serve the Standing Order on all parties within 7 calendar days of their appearance and file a certificate of service per Civil L.R. 5-5.

Plaintiff (or in the case of removed cases, any removing Defendant) is directed: (a) to serve copies of this Standing Order upon all other Parties to the action within seven (7) calendar days of the appearance of these other Parties, including any subsequently joined Parties, pursuant to Federal Rules of Civil Procedure 4 and 5; and (b) to file with the Clerk of the Court a certificate reflecting such service, in accordance with Civil Local Rule 5-5.

WARNINGCivil cases

Applies to

Deposition counter designation packet

Counter-designations must be provided to designating counsel at the same time as objections are returned.

The reviewing party must make any counter-designations by providing a packet with the counter-designated passages to the original designating counsel at the same time as the reviewing party returns its objections to designating counsel.

WARNINGCriminal cases

Deadline

30 calendar days

Applies to

Motion in limine brief

Moving party serves opening brief 30 days before FPC; responding party serves opposition 20 days before FPC (serve but do not file).

at least thirty (30) calendar days before the Final Pretrial Conference, the moving party shall serve, but not file, the opening brief and at least twenty (20) calendar days before the Final Pretrial Conference, the responding party shall serve, but not file, the opposition.

WARNINGCivil cases

Deadline

20 calendar days

Applies to

Motion in limine opposition

Responding party must serve (but not file) the opposition to motions in limine at least 20 calendar days before the Final Pretrial Conference.

at least **twenty (20)** calendar days before the Final Pretrial Conference, the responding party shall serve, but not file, the opposition.

WARNINGCivil cases

Deadline

30 calendar days

Applies to

Motion in limine opening brief

Moving party must serve (but not file) the opening brief for motions in limine at least 30 calendar days before the Final Pretrial Conference.

at least **thirty (30)** calendar days before the Final Pretrial Conference, the moving party shall serve, but not file, the opening brief

WARNINGCivil cases

Deadline

48 hours

Applies to

Demonstrative exhibits

Demonstrative exhibits must be exchanged at least 48 hours before the claim construction hearing.

Demonstrative exhibits and visual aids are permissible at the hearing as long as they are based on information contained in the papers already filed. Counsel shall exchange copies of exhibits no later than forty eight hours prior to the hearing.

INFOCivil cases

Extra copies of documents used during a deposition should ordinarily be provided to opposing counsel and the deponent.

Extra copies of documents used during the deposition should ordinarily be provided to opposing counsel and the deponent.

INFOCivil cases

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

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

INFOCivil cases

The parties may provide the proposed trial materials electronically if they agree.

These materials may be provided in electronic form if the parties so agree.

INFOCivil cases

Settlement Statement does not need to be served on opposing counsel.

The Settlement Statement need not be served on opposing counsel.