Judge Susan Illston
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Administrative Sealing Motions
Case Management Statement, Brief, Pretrial Conference Filing
- As Specified In Standing Order
Courtesy copies
- 1 copy
- 2 copies
- Within 2 Days
Joint Jury Instructions
- 1 copy
Adjournments
- Requests to reschedule the CMC must be in writing, by stipulation if possible, at least 10 days before the conference, and must show good cause.
Communication
Chambers
Phone
Chambers
Page & Word Limits1 rule
Parties are limited to filing one motion for summary judgment. Any party wishing to exceed this limit must request leave of Court.
Motion
Document Format Requirements1 rule
Pretrial conferences will be held in person in San Francisco, Courtroom 1, 17th Floor.
Document Filing Requirements21 rules
COUNSEL SHALL MEET AND CONFER IN GOOD FAITH IN ADVANCE OF COMPLYING WITH THE FOLLOWING PRETRIAL REQUIREMENTS.
DocumentPretrial Conference Statement
The statement is due fourteen days prior to the Pretrial Conference.
DocumentPretrial Conference Statement
The parties shall file a joint pretrial conference statement containing the following information:
DocumentPretrial Conference Statement
Daily transcripts/realtime reporting must be arranged at least 14 days before trial.
If a daily transcript and/or realtime reporting is needed, the parties shall make arrangements with Kristen Melen, Court Reporter Supervisor, at (415) 522-2079 or Kristen_Melen@cand.uscourts.gov, at least fourteen days before trial commences. If transcripts will be requested immediately after trial, arrangements must be made with the court reporter at least fourteen days before trial commences.
DocumentDaily Transcript
Motion filers must show exclusions under 18 U.S.C. § 3161 and calculate excludable time.
The party filing any motion or opposition or other paper in this case shall show on the first page beneath the file number which, if any, of the exclusions under 18 U.S.C. § 3161 may be applicable to the action sought or opposed by the motion or other paper, and his or her calculation of the amount of excludable time to the hearing date. Crim. L.R. 47-2(c).
DocumentMotion
Exhibits must be pre-marked with sequential numbers; only lists filed with court; two copies lodged in binders.
Each exhibit SHALL be pre-marked; with sequential numbers (not lettered). Blocks of numbers should be assigned to fit the needs of the case (e.g., the Government has 1 to 100, Defendant has 101 to 200). The exhibits SHOULD NOT be filed with the Court; only the exhibit lists must be filed with the Court. However, counsel shall lodge with the Court two copies of the exhibits in binders along with an electronic copy of the exhibit lists.
DocumentExhibit
Counsel should submit an agreed upon set of additional requested voir dire questions to be posed by the Court. Any voir dire questions on which counsel cannot agree shall be submitted separately. Voir dire by counsel will not be permitted absent leave of Court.
DocumentVoir Dire
No later than seven days before the pretrial conference, the parties should jointly file, and send in Word format to sicrd@cand.uscourts.gov, a short (2-4 sentences) proposed description of the case. The description will be read to prospective jurors when they come to the courtroom. If the parties cannot agree on a description, they may submit one document with competing descriptions (but without any argument). The description of the case should not refer to the indictment or to the United States Code unless there is a compelling reason to do so.
DocumentCase Description
Not less than seven days before the Pretrial Conference, defense counsel SHALL comply with subparagraphs (3) and (4) above, and, to the extent consistent with the defendant’s right to an effective defense, with subparagraphs (1), (2) and (5) above.
DocumentTrial Preparation
Government must file trial memorandum, witness list, jury instructions, verdict form, and exhibit lists.
counsel for the government SHALL: 1) Serve and file a trial memorandum briefly stating the legal bases for the charges and the anticipated evidence, and addressing any evidentiary, procedural or other anticipated legal issues; 2) Serve and file a list of all witnesses who may be called, together with a brief summary of the testimony of each; 3) Serve and file proposed jury instructions on all substantive issues and on any procedural issue not adequately covered by the Court's standard instructions (which are published in the Ninth Circuit Manual of Model Jury Instructions). Counsel shall email a copy in Word format to SIPO@cand.uscourts.gov; 4) Serve and file a proposed form of verdict and proposed questions for jury voir dire; and, 5) Serve and file exhibit lists; and serve copies of all marked exhibits on all parties. Counsel will email electronic Word versions of the lists to sicrd@cand.uscourts.gov.
DocumentTrial Preparation
Motions to seal shall be filed in accordance with Civil Local Rule 79-5. Failure to follow the local rules may result in summary denial of the motion.
DocumentMotion To Seal
Meet and confer required before filing sealed documents designated by another party.
Before seeking to file under seal a document or portion of a document that another party has designated as “Confidential” or “Confidential-Attorneys’ Eyes Only,” counsel shall review the document. If in counsel’s good faith judgment portions or all of the document have been unnecessarily designated as confidential or no longer require confidential treatment, counsel shall meet and confer with counsel for the designating party to attempt to resolve the issue.
DocumentMotion To Seal
Declarations must provide specific showing for sealing, not blanket statements.
The declaration in support of sealing or in support of redaction must make a specific showing explaining why the document or excerpt sought to be sealed may justifiably be sealed, rather than making a blanket statement about the grounds for sealing or redaction. The declaration Northern District of California must state whether the “compelling reasons” or “good cause” standard applies and why.
DocumentDeclaration
When narrowing a sealing request, the designating party must submit a new proposed order.
When a designating party files a declaration in support of another party’s motion to seal, and the designating party narrows the submitting party’s original sealing request, the designating party shall submit a new proposed order consistent with the narrowed request.
DocumentProposed Order
Proposed orders on administrative motions to seal must follow a specific format with document portions, evidence, and order columns.
Proposed Orders on administrative motions to seal must conform to the following format: Document or Portion of Evidence Offered in Support Order Document Sought to Be of Sealing Sealed Motion at page 2, Lines 10 – 11 Jones Declaration ¶ 1 Motion at page 5, Lines 4-7 Jones Declaration ¶ 2
DocumentProposed Order
Parties MUST comply with the Northern District's Guidelines for Procedural Guidance for Class Action Settlements.
DocumentClass Action Settlement
Counsel must file a joint case management statement at least 7 days before the CMC.
Not less than seven days before the conference, counsel shall file a joint case management statement in compliance with the Civil Local Rules and the Standing Order for All Judges of the Northern District of California.
DocumentCase Management Statement
Proof of service must be filed within 95 days after filing the complaint, showing which defendants were served and how, and showing cause for any unserved defendant.
Within 95 days after the filing of the complaint, you must file proof of service indicating which defendants were served within the 90 days allowed under Rule 4 (m) and showing, in accordance with Rule 4 (i), how each of those defendants was served (for example, by attaching appropriate certificates of service). You must also show cause why a defendant not served within the 90 days allowed under Rule 4 (m) should not be dismissed without prejudice.
DocumentProof Of Service
If a joint statement is not filed, a signed declaration explaining the failure must be filed.
Failure to file a joint statement shall be accompanied by a signed declaration setting forth the grounds for such failure. Failure to show good cause for such failure may subject the parties to sanctions.
DocumentDeclaration
Parties must review courtroom technology information on court website.
All parties are instructed to review the information regarding the use of courtroom technology and electronic evidence presentation (EEPS) which is provided on the Court’s web site at http://cand.uscourts.gov/courtroomtech, and to prepare accordingly.
Within 10 days of the Verdict being rendered Counsel will meet and confer and agree upon one party to file all admitted exhibits pursuant to Civil L.R. 5-1(g).
DocumentAdmitted Exhibits
Filing & Service rules
Filing Timing and Cure Windows
Proof of service must be filed within 95 days after filing the complaint.
Within 95 days after the filing of the complaint, you must file proof of service indicating which defendants were served within the 90 days allowed under Rule 4 (m) and showing, in accordance with Rule 4 (i), how each of those defendants was served (for example, by attaching appropriate certificates of service). You must also show cause why a defendant not served within the 90 days allowed under Rule 4 (m) should not be dismissed without prejudice.
Civil cases
Page 3 | NOTICE TO PRO SE LITIGANTS IN NON-PRISONER ACTIONS
Service and Proof of Service Rules
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.
Civil cases
Page 1 | INITIAL CASE MANAGEMENT GUIDELINE AND CLERK'S NOTICE ON REASSIGNMENT
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
Civil cases
Page 2 | NOTICE TO PRO SE LITIGANTS IN NON-PRISONER ACTIONS
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.
Civil cases
Page 3 | NOTICE TO PRO SE LITIGANTS IN NON-PRISONER ACTIONS
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.
Civil cases
Page 3 | NOTICE TO PRO SE LITIGANTS IN NON-PRISONER ACTIONS
Courtesy Copy Requirements
Two paper courtesy copies required for all pretrial conference filings.
Two sets of paper courtesy copies (“chambers copies”) are required for all pretrial conference filings. See Judge Illston’s Standing Order for instructions regarding the proper formatting and deadlines for delivery of courtesy copies.
Civil cases
Page 5 | c. Paper Courtesy Copies
Three sets of trial exhibits to be delivered to Chambers on Friday before trial
Three sets of exhibits shall be provided to the Court on the Friday prior to the trial date. Each set shall be in binders, marked, tabbed and indexed and shall be delivered/mailed directly to Chambers.
Civil cases
Email Word copy of joint jury instructions to SIPO@cand.uscourts.gov
In addition to delivering a paper courtesty copy of the joint jury instructions (see § 7(c), below), Counsel shall email a copy in Word format to SIPO@cand.uscourts.gov.
Civil cases
Email Word copy of proposed Findings and Conclusions to SIPO@cand.uscourts.gov
In addition to delivering a paper courtesy copy of the proposed Findings of Fact and Conclusions of Law (see § 7(c), below), Counsel shall email a copy in Word format to SIPO@cand.uscourts.gov.
Civil cases
Courtesy copies required for all filings per Standing Order ¶ 4, plus witness/exhibit lists to court reporter.
COURTESY COPIES: Each document filed or lodged with the Court must be accompanied by paper courtesy copies to the Court in the manner and by the deadline specified in Judge Illston’s Standing Order ¶ 4. In addition, one copy of the witness and exhibit lists should be furnished to the court reporter.
Criminal cases
Page 3 | COURTESY COPIES
Paper courtesy copies required for filings over 10 pages (1 set), 2 sets for pretrial conference filings.
Notwithstanding Civil Local Rule 5-1(d)(7), one set of paper courtesy copies (“chambers copies”) is required for any filing exceeding ten pages in length. This includes—but is not limited to— copies of complaints, briefing on motions (civil or criminal), sentencing documents (criminal), and case management statements (civil). For pretrial conference filings, two sets of paper courtesy copies are required, regardless of page length.
Page 2 | 4. Paper Courtesy Copies
Two sets of paper courtesy copies required for pretrial conference filings.
For pretrial conference filings, two sets of paper courtesy copies are required, regardless of page length.
Page 2 | 4. Paper Courtesy Copies
Courtesy copies must be unstapled, 3-hole punched, with ECF stamp, delivered by noon 2 days after filing.
Courtesy copies must be unstapled and three-hole punched at the left margin (not in binders). All courtesy copies must bear the ECF stamp (case number, document number, date and page number) on the top of each page. Courtesy copies shall be delivered to the Clerk’s Office no later than noon 2 days after filing of the document.
Page 2 | 4. Paper Courtesy Copies
To the extent that filings include both sealed and non-sealed materials, courtesy copies should include all material, including the unredacted version of proposed sealed material integrated with the non-sealed material.
To the extent that filings include both sealed and non-sealed materials, courtesy copies should include all material, including the unredacted version of proposed sealed material integrated with the non-sealed material.
Page 4 | 9. Filing Documents Under Seal in Civil Cases
Courtesy copies of unredacted documents with highlighted redactions required for administrative motions to seal.
For documents submitted in connection with administrative motions to seal, parties shall provide courtesy copies of the unredacted documents with proposed redacted material highlighted, as required by Civil Local Rule 79-5(d)(2). Do not submit courtesy copies of the redacted versions of documents sought to be sealed.
Page 4 | 9. Filing Documents Under Seal in Civil Cases
All parties in civil cases must provide paper courtesy copies of case management statements, motion briefs, and pretrial filings as specified in Judge Illston's Standing Order.
Paper Courtesy Copies: All parties in civil cases are directed to provide paper courtesy copies of case management statements, the briefing on motions, and pretrial conference filings in the manner and at the time specified in Judge Illston’s Standing Order. See Judge Illston’s Standing Order for further instructions.
Civil cases
Page 2 | INITIAL CASE MANAGEMENT GUIDELINE AND CLERK'S NOTICE ON REASSIGNMENT
Refer to Section 9(c) for courtesy copy instructions on motions to seal.
For motions to seal, the parties shall refer to the specific instructions regarding courtesy copies contained in Section 9(c) of Judge Illston’s Standing Order.
Page 3 | 2. Motions to Seal
Sealing & Redaction Procedures
Good faith determination required before designating information as confidential.
Before designating any specific information “Confidential” or “Confidential-Attorneys’ Eyes Only,” the designating party’s counsel shall make a good faith determination that the information warrants protection under Rule 26(c) of the Federal Rules of Civil Procedure. The burden of establishing confidentiality shall be on the designating party.
Page 4 | 9. Filing Documents Under Seal in Civil Cases
Pre-Motion Conference Requirements
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).
Criminal cases
Page 1 | ORDER FOR PRETRIAL PREPARATION (CRIMINAL)
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.
Criminal cases
Page 1 | ORDER FOR PRETRIAL PREPARATION (CRIMINAL)
Pretrial conference scheduled for 1:30 p.m.
A Pretrial Conference SHALL be held at 1:30 p.m. on
Criminal cases
Page 1 | ORDER FOR PRETRIAL PREPARATION (CRIMINAL)
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.).
Criminal cases
Page 2 | ORDER FOR PRETRIAL PREPARATION (CRIMINAL)
Adjournment & Extension Requirements
Requests to reschedule the CMC must be in writing, by stipulation if possible, at least 10 days before the conference, and must show good cause.
Any request to reschedule the above dates should be made in writing, and by stipulation, if possible, not less than ten days before the conference date. Good cause must be shown.
Civil cases
Page 2 | INITIAL CASE MANAGEMENT GUIDELINE AND CLERK'S NOTICE ON REASSIGNMENT
Chambers Communication Rules
Do not call Chambers; contact courtroom deputy at 415-522-2028.
Please DO NOT call Chambers. If you need to contact the courtroom deputy, please call the number above (415-522-2028) and leave a message if the deputy is unavailable.
Civil cases
Page 5 | b. Please DO NOT call Chambers
Counsel must register for Zoom appearances by emailing chambers with case details by 2 pm on the registration deadline.
Counsel wishing to appear on the record will register for Zoom appearances by _______________ at 2 pm by emailing sicrd@cand.uscourts.gov with the case name, case number, name of attorney, party they represent and date of hearing.
Civil cases
Page 1 | INITIAL CASE MANAGEMENT GUIDELINE AND CLERK'S NOTICE ON REASSIGNMENT
Telephonic appearances permitted without formal request; contact Courtroom Deputy for instructions.
Telephonic Appearances for court hearings are permitted without the need of filing a formal request or motion. Counsel shall contact the Courtroom Deputy at sicrd@cand.uscourts.gov or (415) 522-2028 to obtain further instructions.
Page 3 | 7. Requests to Appear Telephonically
Equipment pre-test questions go to Courtroom Deputy.
Questions and/or requests to pre-test equipment should be sent to the Courtroom Deputy.
Page 3 | 6. Courtroom Technology Information
Junior Lawyer Participation Incentives
Less-experienced attorneys encouraged to participate in witness examination at trial.
The Court welcomes and encourages less-experienced attorneys to play an important role at trial, including in witness examination.
Civil cases
Page 5 | e. Skills Development
Court encourages oral argument by less-experienced attorneys.
The Court welcomes and encourages oral argument by less-experienced attorneys on any matters argued before the Court.
Page 3 | 8. Skills Development