Northern District of California Service and Proof of Service Rules

Deadline

20 calendar days

Applies to

Motion in limine

Service

Other

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.

Deadline

10 calendar days

Applies to

Opposition

Service

Other

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.

Deadline

24 hours

Service

Other to all parties

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.

Deadline

0 calendar days

Applies to

Separate statement

Service

Electronic service to all parties

Moving party must provide the separate statement to all other parties in electronic word-processing format upon filing of the summary judgment motion or opposition.

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.

Service

Other to all parties

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.

Service

Other to all parties

Plaintiff or removing defendant must serve this Standing Order and CAND CMC Order on all parties immediately upon filing, and file a certificate of service per 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).

Applies to

Standing order

Service

Mail to all parties

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.

Deadline

14 calendar days

Applies to

Motion in limine

Service

Other

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.

Deadline

4 calendar days

Service

Other

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.

Deadline

21 calendar days

Applies to

Exhibit

Service

Other to all parties

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.

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.

Deadline

1 calendar days

Applies to

Witness list

Service

Other to all parties

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.

Deadline

5 calendar days

Applies to

Standing order

Service

Other to all parties

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.

Deadline

1 calendar days

Required

Always

Applies to

Witness list

Service

Other to all parties

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.

Deadline

5 calendar days

Required

Always

Service

Other

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.

Deadline

5 calendar days

Applies to

Standing order

Service

Other to all parties

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.

Deadline

7 calendar days

Applies to

Administrative request

Service

Other to all parties

The administrative request to appear via Zoom must be served on all parties at least one week before the 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.

Service

Email to other

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

Service

Email to other

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.

Deadline

21 calendar days

Applies to

Exhibit

Service

Other to all parties

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.

Deadline

1 calendar days

Applies to

Witness notice

Service

Other to all parties

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.

Deadline

28 calendar days

Applies to

Motion in limine

Service

Other

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

Serve motions in limine 28 Days Before Pretrial Conference

Deadline

21 calendar days

Applies to

Opposition

Service

Other

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

Deadline

0 hours

Service

Other to opposing party

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.

Deadline

28 calendar days

Service

Other to all parties

Motions in limine must be served 28 days before the pretrial conference; parties must also meet and confer regarding the pretrial conference.

Meet and confer regarding pretrial conference, serve motions in limine 28 Days Before Pretrial Conference

Deadline

21 calendar days

Service

Other to all parties

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

Deadline

28 calendar days

Service

Other

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.

Deadline

21 calendar days

Service

Other

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.

Service

Email to other

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.

Deadline

24 hours

Service

Other

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).

Deadline

7 calendar days

Service

Other

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

Applies to

Written discovery request

Service

Electronic service to responding party

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.

Deadline

30 calendar days

Applies to

Deposition designation packet

Service

Other to opposing party

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.

Deadline

14 calendar days

Applies to

Deposition designation final packet

Service

Other to court

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.

Deadline

5 business days

Applies to

Standing order

Service

Other to all parties

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.

Applies to

Settlement conference statement

Service

Other to all parties

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.

Service

Other

Confidential Settlement Statements must not be served on other parties.

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

Deadline

0 calendar days

Applies to

Standing order

Service

Other to all parties

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.

Deadline

30 calendar days

Applies to

Motion in limine opening brief

Service

Other to opposing party

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

Deadline

20 calendar days

Applies to

Motion in limine opposition

Service

Other to moving party

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

Applies to

Order

Service

Other to all parties

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.

Applies to

Summons and complaint

Service

Personal service to all parties

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

Service

Personal service

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.

Deadline

90 calendar days

Service

Personal service

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.

Deadline

5 calendar days

Required

Always

Applies to

Deposition testimony

Service

Other to all parties

Deposition testimony must be provided to all other parties at least five calendar days before use.

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

Deadline

10 calendar days

Applies to

Deposition notice

Service

Other to opposing party

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.

Deadline

30 calendar days

Applies to

Subpoena duces tecum

Service

Other to other

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.

Applies to

Opening sumf

Service

Other to all parties

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.

Deadline

7 calendar days

Applies to

Standing order

Service

Mail to all parties

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.

Applies to

Settlement conference statement

Service

Other to opposing party

Settlement Conference Statement must be served on opposing counsel.

The Settlement Conference Statement shall be served on opposing counsel.

Deadline

7 calendar days

Service

Other

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.

Applies to

Deposition counter designation packet

Service

Other to opposing party

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.

Deadline

30 calendar days

Applies to

Motion in limine brief

Service

Other

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.

Deadline

30 calendar days

Applies to

Motion in limine opening brief

Service

Other to opposing party

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

Deadline

20 calendar days

Applies to

Motion in limine opposition

Service

Other to opposing party

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

Deadline

48 hours

Applies to

Demonstrative exhibits

Service

Other

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.

Service

Other to opposing party

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.

Deadline

5 calendar days

Service

Other to other

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

Service

Other

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

The Settlement Statement need not be served on opposing counsel.