=== Judge Tigar's Civil Standing Order pdf, 200.15 KB ===
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA STANDING ORDER FOR ALL CIVIL CASES BEFORE DISTRICT JUDGE JON S. TIGAR A. Conformity with Rules The parties must follow the Federal Rules of Civil Procedure, the Civil Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court’s standing orders. B. Service of This Order 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. C. Court Schedule Judge Tigar hears civil motions on Thursdays at 2:00 p.m. Motions must be noticed for a hearing in accordance with Civil Local Rule 7-2(a). Parties must consult Judge Tigar’s weekly calendar, available at https://www.cand.uscourts.gov/jst, to determine which dates are available. They need not reserve a hearing date in advance. The Court may reset noticed hearing dates as its calendar requires. The Court may find a matter suitable for disposition without oral argument and vacate the hearing on the matter. Case management conferences are held on Tuesdays at 2:00 p.m. Trials commence on Mondays at 8:00 a.m. for jury trials and Mondays at 8:30 a.m. for bench trials. Both jury and bench trials proceed Mondays through Thursdays. Pretrial conferences are held on Fridays at 2:00 p.m. Scheduling questions may be addressed to Courtroom Deputy Dianna Shoblo at (510) 637-3547 or [email protected]. All filing deadlines are at 5:00 p.m. unless otherwise ordered. 1 JST Civil Standing Order D. Invitation to Self-Identify Pronouns and Honorifics Litigants and lawyers are invited to indicate their pronouns (e.g., she/her, he/him, they/them) and honorifics (e.g., Mr., Ms., Mx., Dr.) by adding the information in the name block or signature line of a court filing or informing the Court when making an appearance. E. Joint Case Management Statement and Initial Case Management Conference Parties are required to file a joint case management statement not less than seven calendar days before a scheduled case management conference, unless the Court sets a different deadline. Unless otherwise ordered, the parties’ statement must comply with the terms of the Standing Order for All Judges of the Northern District of California: Contents of Joint Case Management Statement. Parties must not incorporate prior case management statements by reference. In the section of the joint case management statement addressing “Other References,” the parties must indicate whether all parties consent to the jurisdiction of a magistrate judge. The parties are advised that they may jointly request assignment to a specific magistrate judge. F. Discovery Matters 1. Evidence Preservation Parties must take the steps needed to preserve information relevant to the issues in the litigation, including suspending document-destruction programs that, if not suspended, could result in evidence spoliation. 2. Document Responses To the maximum extent feasible, parties must retain and produce files and records in their original form and sequence, including file folders, and the originals should remain available for inspection by any counsel on reasonable notice. 3. Depositions Depositions of fact witnesses must be noticed at least 30 days before the close of fact discovery. Counsel must consult in advance with opposing counsel to schedule depositions at a mutually convenient time and location. Counsel and parties must comply with Rule 30(d)(1) of the Federal Rules of Civil Procedure. Speaking objections are prohibited. When privilege is claimed, the witness must answer questions relevant to the existence, extent, or waiver of the privilege unless such information is itself privileged. 4. Electronically Stored Information Parties must review in detail the Northern District’s electronically stored information (“ESI”) guidelines and checklist for Rule 26(f) conferences, which are available at 2 JST Civil Standing Order https://cand.uscourts.gov/rules-forms-fees/northern-district-guidelines/e-discovery-esi- guidelines-model-stipulated-orders. The Court discourages deviation from the ESI guidelines absent good cause. Failure to meet and confer regarding the required topics prior to the initial case management conference, including alternative dispute resolution and ESI, may, in the reasonable exercise of the Court’s discretion, result in sanctions or disciplinary action. 5. Stipulated Protective Orders and Orders Re: Discovery of ESI Parties who seek a protective order or order re: discovery of ESI must, where practicable, use one of the model stipulated orders available at https://cand.uscourts.gov/rules-forms- fees/northern-district-guidelines/model-protective-orders or https://cand.uscourts.gov/rules- forms-fees/northern-district-guidelines/e-discovery-esi-guidelines-model-stipulated-orders. Parties must file one of the following with any proposed protective order or order re: discovery of ESI: (a) a declaration stating that the proposed order is identical to one of the model orders except for the addition of case-identifying information or the elimination of language denoted as optional; (b) a declaration explaining each modification to the model order, along with a redline version comparing the proposed order with the model order; or (c) a declaration explaining why use of one of the model orders is not practicable. Proposed orders that are not accompanied by one of the required declarations will be denied without prejudice. 6. Discovery Disputes 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. The joint letter brief must be filed electronically in the Civil Events category of Motions and Related Filings > Motions – General > Discovery Letter Brief. After the letter brief is submitted, the Court will advise the parties as to how it intends to proceed, which may include referral of discovery disputes to a magistrate judge. G. Motions for Summary Judgment Absent good cause, the Court will consider only one motion for summary judgment per party. Any party wishing to exceed this limit must request leave of court and must show good cause. The Court generally construes “party” in this context to include affiliates. Unless otherwise ordered, the parties must meet and confer to determine if they will file cross- motions for summary judgment. 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. The parties may agree to reverse the order, and have the defense file its opening brief first, without order of the Court. The first two briefs are limited to 25 pages; the third brief is limited to 20 pages; and the fourth brief is limited to 15 pages. Before the first brief is filed, the parties must submit a stipulation and proposed order setting a briefing schedule for the cross-motions. The fourth brief must be filed at least 21 days before the hearing date. 3 JST Civil Standing Order H. Cross-Motions under Rule 52 of the Federal Rules of Civil Procedure 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. I. Class Action Settlements Any motion for preliminary or final approval of a class action settlement must address the respective guidelines in the Northern District of California’s Procedural Guidance for Class Action Settlements, available at https://cand.uscourts.gov/rules-forms-fees/northern-district- guidelines/procedural-guidance-class-action-settlements, in the order the guidelines are presented on the website. As reflected in the Guidance, the Court will require a post-distribution accounting within 21 days after the distribution of settlement funds. In addition to the information contained in the Guidance, the post-distribution accounting must discuss any significant or recurring concerns communicated by class members to the settlement administrator or counsel since final approval, any other issues in settlement administration since final approval, and how any concerns or issues were resolved. The Court will typically withhold between 10% and 25% of the attorney’s fees granted at final approval until after the post-distribution accounting has been filed. The final approval motion should specify what percentage class counsel believes it is appropriate to withhold and why. Class counsel must file a proposed order releasing the remainder of the fees when they file their post-distribution accounting. J. Requests for Telephonic Appearance Requests to appear by telephone are generally unnecessary because Judge Tigar currently conducts case management conferences and law and motion hearings by video. When such a request is necessary, parties seeking to appear telephonically must file a stipulation and proposed order, or an administrative motion and proposed order if a stipulation is not possible, at least seven calendar days prior to the scheduled appearance. Absent extraordinary circumstances and a showing of good cause, late requests will be denied. If a case management statement is required, parties may not file a request to appear telephonically at a case management conference until after the case management statement has been filed. If a request to appear telephonically is granted, the Court will provide instructions on how to appear. Where feasible, parties must make telephonic appearances using a land line, rather than a mobile phone. 4 JST Civil Standing Order K. Requests to Extend Deadlines or Continue Hearing Dates Requests to extend deadlines or continue hearing dates should be filed at least three business days prior to the deadline or hearing sought to be extended or continued. If the request is made by administrative motion rather than stipulation, any opposition must be filed (a) no later than 12:00 p.m. one business day before the deadline or hearing in question or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner. L. Briefing and Filing Guidelines 1. Requests to Enlarge Page Limits Requests to enlarge page limits will rarely be granted, but any such requests must be filed at least three business days prior to the filing deadline. If the request is made by administrative motion rather than stipulation, any opposition must be filed (a) no later than 12:00 p.m. one business day before the deadline in question or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner. 2. Footnotes Footnotes are often unnecessary and must be employed sparingly. When used, they must appear in no less than 12-point type. Excessive footnotes will be disregarded. 3. Citations The Court prefers Westlaw citations for unpublished opinions that are not included in the Federal Supplement, Federal Rules Decisions, or the Federal Appendix. 4. Format of Electronic Filings Electronically filed documents must be text-searchable PDFs whenever possible. This requirement is waived for self-represented litigants who are proceeding without a lawyer. 5. Courtesy Copies The Court requires courtesy copies of the filings listed below. This requirement is waived for self-represented litigants who are proceeding without a lawyer. The Court may request courtesy copies of other documents but discourages their unsolicited submission. i. Pretrial Filings Courtesy copies of pretrial filings, including papers associated with motions in limine, must be lodged with the Clerk’s office in Oakland. They must bear the ECF stamp (case number, document number, date, and page number) on the top of each page and be double-sided and three-hole-punched at the left margin. If binders are used, each binder should be no wider than three inches. Side tabs, rather than bottom tabs, should be used to separate exhibits. 5 JST Civil Standing Order ii. Sealed Documents Electronic copies of sealed documents are required when a filed document consists of multiple parts and includes more than one part sought to be filed under seal—for example, a declaration with six exhibits, three of which are sought to be filed under seal. Parties must submit a single PDF of the entire document either by (a) following the instructions for Uploading Digital Exhibits available at https://cand.uscourts.gov/attorneys/attorney-practice-resources, using the “Chambers Copies ONLY” Case Type, and selecting the “SEALED” dropdown in the box under “Case Name” or (b) contacting the Courtroom Deputy at [email protected] to arrange a different method of delivery (e.g., sharing a secured file link). Each exhibit must be bookmarked, and sealed material or material sought to be filed under seal must be highlighted. Where possible, the PDF must bear the ECF stamp (case number, document number, date, and page number) at the top of each page. iii. Proposed Orders Electronic copies of proposed orders must be sent in Word format to [email protected]. M. Requests for Settlement Conferences with a Magistrate Judge 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. 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. Dated: April 23, 2026 _____________________________________ JON S. TIGAR United States District Judge 6 JST Civil Standing Order
=== Judge Tigar's Criminal Standing Order pdf, 115.43 KB ===
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA STANDING ORDER FOR ALL CRIMINAL CASES BEFORE DISTRICT JUDGE JON S. TIGAR A. Conformity with Rules The parties must follow the Federal Rules of Criminal Procedure, the Criminal Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court’s standing orders. B. Court Schedule Judge Tigar hears criminal matters on Fridays in Courtroom 6, 2nd Floor, United States District Court, 1301 Clay Street, Oakland, California. Motions, evidentiary hearings, and pretrial conferences are heard at 2:00 p.m. All other matters are heard at 9:30 a.m. Trials commence on Mondays at 8:00 a.m. and proceed Mondays through Thursdays. Scheduling questions may be addressed to Courtroom Deputy Dianna Shoblo at (510) 637-3547 or [email protected]. All filing deadlines are at 5:00 p.m. unless otherwise ordered. C. Invitation to Self-Identify Pronouns and Honorifics Litigants and lawyers may indicate their pronouns (e.g., she/her, he/him, they/their) and honorifics (e.g., Mr., Ms., Mx., Dr.) by filing a letter, adding the information in the name block or signature line of the pleadings, or verbally informing the Court when making an appearance. D. Motions 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. Any party wishing to have motions in limine heard prior to the commencement of trial must file and serve them at least 14 days prior to the pretrial conference. All motions in limine must be contained in one document, limited to 25 pages, with each motion listed as a subheading. Oppositions to the motions in limine must be contained in one document, limited to 25 pages, with corresponding subheadings, and must be filed and served no later than seven days prior to the pretrial conference. The Court will not consider reply briefs absent prior order on a showing 1 JST Criminal Standing Order of good cause. The motions in limine will be heard at the pretrial conference, unless the Court sets another time. E. Footnotes and Citations Footnotes are often unnecessary and must be employed sparingly. When used, they must appear in no less than 12-point type. Excessive footnotes will be disregarded. The Court prefers Westlaw citations for unpublished opinions that are not included in the Federal Appendix. F. Format of Electronic Filings Electronically filed documents must be text-searchable PDFs whenever possible. This requirement is waived for self-represented litigants who are proceeding without a lawyer. G. Courtesy Copies and Proposed Orders Courtesy copies must be provided for: (1) electronic media that is manually filed and (2) pretrial filings, including papers associated with motions in limine. The Court may request courtesy copies of other documents but discourages their unsolicited submission. Courtesy copies must be lodged with the Clerk’s office in Oakland and must be double-sided and three-hole-punched at the left margin. Courtesy copies of e-filed documents must bear the ECF stamp (case number, document number, date, and page number) on the top of each page. Side tabs, rather than bottom tabs, should be used to separate exhibits. The quality, condition, and labeling of binders, when used, should be such that the Court can easily identify, review, and transport the binders’ contents. Whenever possible, the spine of a binder should not exceed three inches in width, even if that limitation results in the use of more than one binder. Electronic copies of proposed orders must be sent in Word format to [email protected]. H. Pretrial Conference Statement and Related Filings The parties must file a pretrial statement that addresses all items listed in Criminal Local Rule 17.1-1(b). The parties must attach to their pretrial statement a joint set of jury instructions ordered in logical sequence and accompanied by a table of contents. The parties must use the Ninth Circuit Model Jury Instructions whenever possible. Proposed deviations from the model instructions, no matter how minor, must be clearly identified by red-lined copy and supported by authority. The Court discourages the unnecessary submission of special instructions or modification of model instructions. Special instructions, if any, must be complete, accurate, balanced, clear, and non- argumentative. Any instruction to which the parties disagree must be marked as “disputed” and must be followed by concise argument and authority in support of and against the use of the instruction. 2 JST Criminal Standing Order The parties also must attach to their pretrial statement a joint list of agreed-upon voir dire questions and a list of any voir dire questions on which they could not agree. Counsel for the United States must file and serve a verdict form on the same day as the pretrial conference statement is due. The parties must e-mail Word versions of the proposed jury instructions, voir dire, and verdict form to [email protected] on the same day they file them. I. Trial Exhibits 1. Exchange of Exhibits. 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. 2. Objections to Exhibits. Following the exchange, the parties must immediately meet and confer about the exhibits and any potential objections thereto, and must make a good faith effort to stipulate to exhibits’ admissibility. If the parties cannot so stipulate, they must make every effort to stipulate at least to authenticity and foundation absent a legitimate (not tactical) objection. The Court may inquire about the basis for any or all of a party’s objections to another party’s exhibits and/or conduct a pretrial conference to rule on such objections, so as to ensure that the jury’s time is not wasted during trial. 3. Pre-Marking. Each exhibit must be labeled in the lower-right-hand corner with the exhibit number in a prominent, bold typeface. The parties must mark their exhibits using non-overlapping ranges of numbers, leaving enough unused numbers that additional exhibits can be marked during trial. For example, the parties might agree that the government will use numbers 001–199 and the defendant will use numbers 200–399. 4. Delivery. Unless otherwise ordered, at least seven calendar days prior to the beginning of trial, the parties must deliver one set of all pre-marked exhibits in clearly labeled three-ring binders to the courtroom deputy. Admitted exhibits from these binders will be given to the jury during deliberations. The quality, condition, and labeling of the binders should be such that the Court can easily transport and review the binders’ contents. Whenever possible, the spine of a binder should not be wider than three inches. 5. All exhibits that have not been provided as required are subject to exclusion in the reasonable exercise of the Court’s discretion. 6. Following trial, the parties shall coordinate with the courtroom deputy regarding electronic filing of all admitted exhibits, which shall be the official court record. 3 JST Criminal Standing Order J. Witnesses at Trial 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. Once the cross-examination of a witness has commenced, and until cross-examination of the witness has concluded, counsel offering the witness on direct examination must not: (a) consult or confer with the witness regarding the substance of the witness’s testimony already given, or anticipated to be given, except for the purpose of conferring on whether to assert a privilege against testifying or on how to comply with a court order; or (b) suggest to the witness the manner in which any questions should be answered. Once cross-examination has concluded, counsel is permitted to confer with the witness before redirect examination begins. K. Transcripts Any party who would like a daily transcript or real-time reporting must email [email protected] at least fourteen calendar days before the first day of trial. L. Interpreters If any witness will require an interpreter at trial and there is no certified court interpreter available to translate in the appropriate language, counsel must notify Courtroom Deputy Dianna Shoblo at least 30 days before the commencement at trial at (510) 637-3547 or [email protected]. Dated: May 13, 2025 _____________________________________ JON S. TIGAR United States District Judge 4 JST Criminal Standing Order
=== Judge Tigar's Civil Bench Trial Standing Order pdf, 118.26 KB ===
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA STANDING ORDER FOR CIVIL BENCH TRIALS BEFORE DISTRICT JUDGE JON S. TIGAR A. Meeting and Disclosure Prior to Pretrial Conference At least 21 calendar days before the final pretrial conference, lead trial counsel must meet and confer with respect to: 1. Settlement of the case; 2. Preparation of the joint pretrial statement; 3. Preparation and exchange of pretrial materials to be served and lodged pursuant to Federal Rule of Civil Procedure 26(a)(3); and 4. Clarifying and narrowing the contested issues for trial in order to achieve a just, speedy, and efficient determination of the case. B. Joint Pretrial Statement Unless otherwise ordered, the parties must file and serve a joint pretrial statement no later than seven calendar days before the pretrial conference. The statement must contain the following information: 1. Substance of the Action. A brief description of the parties, the substance of claims and defenses that remain to be decided, and the operative pleadings. 2. Relief Requested. A detailed statement of all requested relief, including an itemization of all elements of damages claimed. 3. Undisputed Facts. A plain and concise statement of all relevant facts to which the parties will stipulate for incorporation into the trial record without supporting testimony or exhibits. The parties must exercise good faith in stipulating to facts that are not reasonably disputable. 4. Disputed Factual Issues. A plain and concise list of the issues of fact that are contested and remain to be litigated at trial. 5. Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts. 6. Stipulations. A statement of proposed stipulations or agreements that will expedite the presentation of evidence. 1 JST Civil Bench Trial Standing Order 7. Witnesses to be Called. A list of all witnesses likely to be called at trial other than solely for impeachment or rebuttal, and a brief statement following each name describing the substance of the testimony to be given. No party will be permitted to call any witness in its case-in-chief who is not disclosed in its pretrial statement without leave of court. 8. Exhibits, Schedules, and Summaries. A list of all documents or other items to be offered as exhibits at trial, other than solely for impeachment or rebuttal, and a brief statement following each that describes: (1) its substance or purpose; (2) the identity of the sponsoring witness; and (3) whether the parties have stipulated to its admissibility and, if they have not, the objection to its admission, the grounds for the objection, and the position of the offering party. 9. Disputed Legal Issues. Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions. 10. Pending Motions or Matters. A statement of any motions or other matters that must be resolved prior to trial. 11. Bifurcation or Separate Trial of Issues. A statement of whether either party requests bifurcation or a separate trial of specific issues and why. 12. Use of Discovery Responses. 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. Counsel must state any objections to the use of these materials and must certify that they have conferred regarding such objections. Counsel must separately file a document containing each disputed discovery response or deposition testimony excerpt, and as to each must state the objection to its admission, the grounds for the objection, and the position of the offering party. 13. Estimate of Trial Time. An estimate of the number of hours or days needed for the trial. 14. Settlement Discussion. A brief summary of the status of settlement negotiations, without indicating specific dollar amounts, and an indication of whether further negotiations are likely to be productive and what, if anything, would facilitate settlement. 15. Miscellaneous. Any other matters that will facilitate the just, speedy, and efficient resolution of the action. 2 JST Civil Bench Trial Standing Order C. Binding Effect of the Joint Pretrial Statement The joint pretrial statement described above must include the following language directly above the signature lines: The foregoing admissions having been made by the parties, and the parties having specified the foregoing issues of fact and law remaining to be litigated, this order will supplement the pleadings and govern the course of trial of this case, unless modified by the Court to prevent manifest injustice. D. Trial Exhibits 1. Exchange of Exhibits. 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. 2. Objections to Exhibits. Following the exchange, the parties must immediately meet and confer about the exhibits and any potential objections thereto, and must make a good faith effort to stipulate to exhibits’ admissibility. If the parties cannot so stipulate, they must make every effort to stipulate at least to authenticity and foundation absent a legitimate (not tactical) objection. 3. Pre-Marking. Each exhibit must be labeled in the lower-right-hand corner with the exhibit number in a prominent, bold typeface. The parties must mark their exhibits using non-overlapping ranges of numbers, leaving enough unused numbers that additional exhibits can be marked during trial. For example, the parties might agree that the plaintiff will use numbers 001–199 and the defendant will use numbers 200–399. 4. Delivery. Unless otherwise ordered, at least seven calendar days prior to the commencement of the trial, the parties must deliver one set of all pre-marked exhibits in clearly labeled three-ring binders to the Clerk’s office, marked for the attention of the courtroom deputy. The quality, condition, and labeling of the binders should be such that the Court can easily transport and review the binders’ contents. Whenever possible, the spine of a binder should not be wider than three inches. 5. All exhibits that have not been provided as required are subject to exclusion in the reasonable exercise of the Court’s discretion. 6. Following trial, the parties shall coordinate with the courtroom deputy regarding electronic filing of all admitted exhibits, which shall be the official court record. 3 JST Civil Bench Trial Standing Order E. Motions in Limine Motions in limine are usually unnecessary in a bench trial. However, 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. Any oppositions thereto must be filed and served at least three calendar days before the final pretrial conference. No party may file a reply. 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. 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. The Court ordinarily does not grant leave to file motions in limine under seal. F. Proposed Findings of Fact and Conclusions of Law 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. The proposed findings must be brief, written in plain English, and be free of pejorative language, conclusions, or argument. Conclusions of law must be supported by appropriate citation to legal authority. Parties must submit proposed findings of fact and conclusions of law in Word format via email to [email protected]. G. Trial Briefs Trial briefs are optional, but any party wishing to file a trial brief must do so at least seven calendar days prior to the commencement of trial. H. Continuances and Settlements Once set by the Court, trial dates are to be regarded as firm. Continuances are disfavored. For example, the Court will rarely continue a trial because the parties have “settled in principle.” A stipulated dismissal will ordinarily be required. I. Opportunities for Junior Lawyers The Court strongly encourages the parties to permit junior lawyers to examine witnesses and to have an important role at trial. J. Witnesses at Trial 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. Once the cross-examination of a witness has commenced, and until cross-examination of the witness has concluded, counsel offering the witness on direct examination must not: (a) consult or confer with the witness regarding the substance of the witness’s testimony already given, or 4 JST Civil Bench Trial Standing Order anticipated to be given, except for the purpose of conferring on whether to assert a privilege against testifying or on how to comply with a court order; or (b) suggest to the witness the manner in which any questions should be answered. Once cross-examination has concluded, counsel is permitted to confer with the witness before redirect examination begins. K. Post-Trial Retention of Exhibits At the conclusion of the trial, each party must retain its exhibits throughout the appellate process. It is each party’s responsibility to make arrangements with the Clerk to file the record on appeal. L. Daily Transcripts and Real-Time Reporting Any party who would like a daily transcript or real-time reporting must email [email protected] at least fourteen calendar days before the first day of trial. Dated: May 13, 2025 _____________________________________ JON S. TIGAR United States District Judge 5 JST Civil Bench Trial Standing Order
=== Judge Tigar's Civil Jury Trial Standing Order pdf, 122.05 KB ===
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA STANDING ORDER FOR CIVIL JURY TRIALS BEFORE DISTRICT JUDGE JON S. TIGAR A. Meeting and Disclosure Prior to Pretrial Conference At least 21 calendar days before the final pretrial conference, lead trial counsel must meet and confer with respect to: 1. Settlement of the case; 2. Preparation of the joint pretrial statement; 3. Preparation and exchange of pretrial materials to be served and lodged pursuant to Federal Rule of Civil Procedure 26(a)(3); and 4. Clarifying and narrowing the contested issues for trial in order to achieve a just, speedy, and efficient resolution of the case. B. Joint Pretrial Statement Unless otherwise ordered, the parties must file and serve a joint pretrial statement no later than seven calendar days before the pretrial conference. The statement must contain the following information: 1. Substance of the Action. A brief description of the parties, the substance of claims and defenses that remain to be decided, and the operative pleadings. 2. Relief Requested. A detailed statement of all requested relief, including an itemization of all elements of damages claimed. 3. Undisputed Facts. A plain and concise statement of all relevant facts to which the parties will stipulate for incorporation into the trial record without supporting testimony or exhibits. The parties must exercise good faith in stipulating to facts that are not reasonably disputable. 4. Disputed Factual Issues. A plain and concise list of the issues of fact that are contested and remain to be litigated at trial. 5. Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts. 6. Stipulations. A statement of proposed stipulations or agreements that will expedite the presentation of evidence. 1 JST Civil Jury Trial Standing Order 7. Witnesses to be Called. A list of all witnesses likely to be called at trial other than solely for impeachment or rebuttal, and a brief statement following each name describing the substance of the testimony to be given. No party will be permitted to call any witness in its case-in-chief who is not disclosed in its pretrial statement without leave of court. 8. Exhibits, Schedules, and Summaries. A list of all documents or other items to be offered as exhibits at trial, other than solely for impeachment or rebuttal, and a brief statement following each that describes: (1) its substance or purpose; (2) the identity of the sponsoring witness; and (3) whether the parties have stipulated to its admissibility and, if they have not, the objection to its admission, the grounds for the objection, and the position of the offering party. 9. Disputed Legal Issues. Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions. 10. Pending Motions or Matters. A statement of any motions or other matters that must be resolved prior to trial. 11. Bifurcation or Separate Trial of Issues. A statement of whether either party requests bifurcation or a separate trial of specific issues and why. 12. Use of Discovery Responses. 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. Counsel must state any objections to the use of these materials and must certify that they have conferred regarding such objections. Counsel must separately file a document containing each disputed discovery response or deposition testimony excerpt, and as to each must state the objection to its admission, the grounds for the objection, and the position of the offering party. 13. Estimate of Trial Time. An estimate of the number of hours or days needed for the trial. 14. Settlement Discussion. A brief summary of the status of settlement negotiations, without indicating specific dollar amounts, and an indication of whether further negotiations are likely to be productive and what, if anything, would facilitate settlement. 15. Miscellaneous. Any other matters that will facilitate the just, speedy, and efficient resolution of the action. 2 JST Civil Jury Trial Standing Order C. Binding Effect of the Joint Pretrial Statement The joint pretrial statement described above must include the following language directly above the signature lines: The foregoing admissions having been made by the parties, and the parties having specified the foregoing issues of fact and law remaining to be litigated, this order will supplement the pleadings and govern the course of trial of this case, unless modified by the Court to prevent manifest injustice. D. Trial Exhibits 1. Exchange of Exhibits. 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. 2. Objections to Exhibits. Following the exchange, the parties must immediately meet and confer about the exhibits and any potential objections thereto, and must make a good faith effort to stipulate to exhibits’ admissibility. If the parties cannot so stipulate, they must make every effort to stipulate at least to authenticity and foundation absent a legitimate (not tactical) objection. The Court may inquire about the basis for any or all of a party’s objections to another party’s exhibits and/or conduct a pretrial conference to rule on such objections, so as to ensure that the jury’s time is not wasted during trial. 3. Pre-Marking. Each exhibit must be labeled in the lower-right-hand corner with the exhibit number in a prominent, bold typeface. The parties must mark their exhibits using non-overlapping ranges of numbers, leaving enough unused numbers that additional exhibits can be marked during trial. For example, the parties might agree that the plaintiff will use numbers 001–199 and the defendant will use numbers 200–399. 4. Delivery. Unless otherwise ordered, at least seven calendar days prior to the commencement of the trial, the parties must deliver one set of all pre-marked exhibits in clearly labeled three-ring binders to the Clerk’s office, marked for the attention of the courtroom deputy. Admitted exhibits from these binders will be given to the jury during deliberations. The quality, condition, and labeling of the binders should be such that the Court can easily transport and review the binders’ contents. Whenever possible, the spine of a binder should not be wider than three inches. 3 JST Civil Jury Trial Standing Order 5. All exhibits that have not been provided as required are subject to exclusion in the reasonable exercise of the Court’s discretion. 6. Following trial, the parties shall coordinate with the courtroom deputy regarding electronic filing of all admitted exhibits, which shall be the official court record. E. 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. 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. Any oppositions thereto must be filed and served at least three calendar days before the final pretrial conference. No party may file a reply. 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. The Court ordinarily does not grant leave to file motions in limine under seal. F. Jury Materials 1. Party Submissions. Unless otherwise ordered, at least seven calendar days prior to the pretrial conference, the parties must file and serve (a) jury voir dire questions, (b) proposed jury instructions; and (c) proposed jury verdict forms. The parties must e-mail Word versions of all of these documents to [email protected] on the same day they file them. 2. Voir Dire by Counsel. Counsel should discuss with the Court at the pretrial conference whether they wish to conduct voir dire. See Fed. R. Civ. P. 47(a). 3. General Instructions. Ordinarily, the Court will give the standard preliminary and closing jury instructions contained in the Model Jury Instructions of the Ninth Circuit. The preliminary jury instructions will ordinarily be given prior to opening statements. 4. Specific Instructions. The parties must submit a set of agreed-upon case-specific instructions using the Ninth Circuit Model Jury Instructions or California Civil Jury Instructions (CACI) whenever possible. Proposed deviations from the model instructions, no matter how minor, must be clearly identified by red-lined copy and supported by authority. The Court discourages the unnecessary submission of special instructions or modification of model instructions. Special instructions, if any, must be complete, accurate, balanced, clear, and non-argumentative. Any instruction to which the parties disagree must be marked as “disputed” and followed by concise argument and authority in support of and against the use of the instruction. The parties’ set of proposed jury instructions must be ordered in logical sequence and include a table of contents. 4 JST Civil Jury Trial Standing Order G. Trial Briefs Trial briefs are optional, but any party wishing to file a trial brief must do so at least seven calendar days prior to the commencement of trial. H. Continuances and Settlements Once set by the Court, trial dates are to be regarded as firm. Continuances are disfavored. For example, the Court will rarely continue a trial because the parties have “settled in principle.” A stipulated dismissal will ordinarily be required. In accordance with Civil Local Rule 40-1, if the parties fail to proceed with a scheduled trial after a jury is empaneled, the Court may assess the costs of maintaining the jury against the parties or attorneys. I. Opportunities for Junior Lawyers The Court strongly encourages the parties to permit junior lawyers to examine witnesses and to have an important role at trial. J. Witnesses at Trial 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. Once the cross-examination of a witness has commenced, and until cross-examination of the witness has concluded, counsel offering the witness on direct examination must not: (a) consult or confer with the witness regarding the substance of the witness’s testimony already given, or anticipated to be given, except for the purpose of conferring on whether to assert a privilege against testifying or on how to comply with a court order; or (b) suggest to the witness the manner in which any questions should be answered. Once cross-examination has concluded, counsel is permitted to confer with the witness before redirect examination begins. K. Post-Trial Retention of Exhibits At the conclusion of the trial, each party must retain its exhibits throughout the appellate process. It is each party’s responsibility to make arrangements with the Clerk to file the record on appeal. 5 JST Civil Jury Trial Standing Order L. Daily Transcripts and Real-Time Reporting Any party who would like a daily transcript or real-time reporting must email [email protected] at least fourteen calendar days before the first day of trial. Dated: May 16, 2025 _____________________________________ JON S. TIGAR United States District Judge 6 JST Civil Jury Trial Standing Order
=== Judge Tigar’s Standing Order Governing Administrative Motions to File Materials Under Seal pdf, 100.84 KB ===
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA STANDING ORDER GOVERNING ADMINISTRATIVE MOTIONS TO FILE MATERIALS UNDER SEAL BEFORE DISTRICT JUDGE JON S. TIGAR In addition to the information required by Civil Local Rule 79-5, administrative motions to file materials under seal must contain the following information: 1. A statement that the filing party has reviewed and complied with this order. 2. A statement that the filing party has reviewed and complied with Civil Local Rule 79-5, including the requirement to file separate motions if a party seeks to file under seal a document containing “portions that more than one party bears the burden of showing is sealable.” Civil L.R. 79-5(f)(5). The motion or statement in support of sealing must identify the applicable legal standard (i.e., compelling reasons or good cause), explain why that standard applies, and articulate, with evidentiary support where necessary, why the materials to be sealed satisfy that standard. See Civil L.R. 79-5(c)(1)-(2). “Reference to a stipulation or protective order that allows a party to designate certain documents as confidential is not sufficient to establish that a document, or portions thereof, are sealable.” Civil L.R. 79-5(c). Conclusory references to “competitive harm” without explanation are also almost always insufficient justification for sealing. If a Designating Party seeks less extensive sealing than a motion filed under Civil Local Rule 79-5(f), that party must file revised redacted and unredacted versions of the documents sought to be sealed, as well as a revised proposed order. Unredacted versions of all documents sought to be partially filed under seal “must highlight the portions for which sealing is sought.” Civil L.R. 79-5(e)(2). Proposed orders must identify the appropriate legal standard, be “narrowly tailored to seal only the sealable material,” and “list[] in table format each document or portion thereof that is sought to be sealed.” Civil L.R. 79-5(c)(3). Tables must include a column for the Court’s ruling as to each document. Electronic copies of proposed orders must be sent in Word format to [email protected]. Dated: March 14, 2022 _____________________________________ JON S. TIGAR United States District Judge JST Sealing Motions Standing Order
=== Standing Order For All Judges Of The Northern District Of California pdf, 86.54 KB ===
STANDING ORDER FOR ALL JUDGES OF THE NORTHERN DISTRICT OF CALIFORNIA CONTENTS OF JOINT CASE MANAGEMENT STATEMENT All judges of the Northern District of California require identical information in Joint Case Management Statements filed pursuant to Civil Local Rule 16-9. The parties must include the following information in their statement which, except in unusually complex cases, should not exceed ten pages: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Jurisdiction and Service: The basis for the court’s subject matter jurisdiction over plaintiff’s claims and defendant’s counterclaims, whether any issues exist regarding personal jurisdiction or venue, whether any parties remain to be served, and, if any parties remain to be served, a proposed deadline for service. Facts: A brief chronology of the facts and a statement of the principal factual issues in dispute. Legal Issues: A brief statement, without extended legal argument, of the disputed points of law, including reference to specific statutes and decisions. Motions: All prior and pending motions, their current status, and any anticipated motions. Amendment of Pleadings: The extent to which parties, claims, or defenses are expected to be added or dismissed and a proposed deadline for amending the pleadings. Evidence Preservation: A brief report certifying that the parties have reviewed the Guidelines Relating to the Discovery of Electronically Stored Information (“ESI Guidelines”), and confirming that the parties have met and conferred pursuant to Fed. R. Civ. P. 26(f) regarding reasonable and proportionate steps taken to preserve evidence relevant to the issues reasonably evident in this action. See ESI Guidelines 2.01 and 2.02, and Checklist for ESI Meet and Confer. Disclosures: Whether there has been full and timely compliance with the initial disclosure requirements of Fed. R. Civ. P. 26, and a description of the disclosures made. Discovery: Discovery taken to date, if any, the scope of anticipated discovery, any proposed limitations or modifications of the discovery rules, a brief report on whether the parties have considered entering into a stipulated e-discovery order, a proposed discovery plan pursuant to Fed. R. Civ. P. 26(f), and any identified discovery disputes. Class Actions: If a class action, a proposal for how and when the class will be certified, and whether all attorneys of record for the parties have reviewed the Procedural Guidance for Class Action Settlements. Related Cases: Any related cases or proceedings pending before another judge of this court, or before another court or administrative body. Relief: All relief sought through complaint or counterclaim, including the amount of any damages sought and a description of the bases on which damages are calculated. In addition, any party from whom damages are sought must describe the bases on which it contends damages should be calculated if liability is established. Updated November 30, 2023 1 12. Settlement and ADR: Prospects for settlement, ADR efforts to date, and a specific ADR plan for the case, including compliance with ADR L.R. 3-5 and a description of key discovery or motions necessary to position the parties to negotiate a resolution. 13. Other References: Whether the case is suitable for reference to binding arbitration, a special master, or the Judicial Panel on Multidistrict Litigation. 14. Narrowing of Issues: Issues that can be narrowed by agreement or by motion, suggestions to expedite the presentation of evidence at trial (e.g., through summaries or stipulated facts), and any request to bifurcate issues, claims, or defenses. The parties shall jointly identify (in bold or highlight) one to three issues which are the most consequential to the case and discuss how resolution of these issues may be expedited. 15. 16. Scheduling: Proposed dates for designation of experts, discovery cutoff, hearing of dispositive motions, pretrial conference and trial. Trial: Whether the case will be tried to a jury or to the court and the expected length of the trial. 17. Disclosure of Non-party Interested Entities or Persons: Whether each party has filed the “Certification of Interested Entities or Persons” required by Civil Local Rule 3-15. In addition, each party must restate in the case management statement the contents of its certification by identifying any persons, firms, partnerships, corporations (including parent corporations) or other entities known by the party to have either: (i) a financial interest in the subject matter in controversy or in a party to the proceeding; or (ii) any other kind of interest that could be substantially affected by the outcome of the proceeding. In any proposed class, collective, or representative action, the required disclosure includes any person or entity that is funding the prosecution of any claim or counterclaim. 18. Professional Conduct: Whether all attorneys of record for the parties have reviewed the Guidelines for Professional Conduct for the Northern District of California. 19. Such other matters as may facilitate the just, speedy and inexpensive disposition of this matter. Updated November 30, 2023 2