N.D. Cal. Civil Local Rules

224 local rules of the U.S. District Court for the Northern District of California in the CiteLaw law library. All courts

• N.D. Cal. Adm. L.R. 1-1Title These are the Local Rules of Practice in Admiralty and Maritime Claims before the United States District Court for the Northern District of California
• N.D. Cal. Civ. L.R. 1-2Scope, Purpose and Construction (a) Scope. These local rules are promulgated pursuant to 28 U.S.C. § 2071 and Fed. R
• N.D. Cal. Adm. L.R. 1-2Scope These admiralty local rules apply only to civil proceedings that are governed by the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure ("Fed. R
• N.D. Cal. ADR L.R. 1-2Purpose and Scope (a) Purpose. The Court recognizes that full, formal litigation of claims can impose large economic burdens on parties and can delay resolution of disputes for considerable periods. T
• N.D. Cal. Pat. L.R. 1-4Effective Date These Patent Local Rules take effect on December 1, 2009. They govern patent cases filed on or after that date. For actions pending prior to December 1, 2009, the provisions of the Pate
• N.D. Cal. Civ. L.R. 1-5Definitions (a) Clerk. “Clerk” refers to the Clerk or a Deputy Clerk of the Court
• N.D. Cal. Adm. L.R. 2-1Verification of Pleadings Verification of every pleading, statement of right or interest, or other paper as required by Fed
• N.D. Cal. Crim. L.R. 2-1Purpose and Construction These Rules are promulgated pursuant to 28 U.S.C. § 2071 and Fed. R. Crim. P. 57. They supplement the Federal Rules of Criminal Procedure and shall be construed so as to be co
• N.D. Cal. Pat. L.R. 2-1Governing Procedure (a) Notice of Pendency of Other Action Involving Same Patent
• N.D. Cal. ADR L.R. 2-1ADR Unit 2
• N.D. Cal. Crim. L.R. 2-2Definitions Unless the context requires otherwise, the definitions contained in Civil L.R. 1-5 apply to these local rules
• N.D. Cal. ADR L.R. 2-2ADR Magistrate Judge The Court shall designate one of its magistrate judges as the ADR Magistrate Judge. The ADR Magistrate Judge is responsible for overseeing the ADR Unit, consulting with the ADR Di
• N.D. Cal. Adm. L.R. 2-2Itemized Demand for Judgment The demand for judgment in every complaint filed under Fed. R. Civ. P. Supp. B or C, except a demand for a salvage award, shall allege the dollar amount of the debt or dam
• N.D. Cal. Pat. L.R. 2-2Confidentiality Discovery cannot be withheld on the basis of confidentiality absent Court order. The Protective Order authorized by the Northern District of California shall govern discovery unless th
• N.D. Cal. ADR L.R. 2-3Referral to ADR Program by Stipulation, Motion or Order Subject to pertinent jurisdictional and resource constraints, a case may be referred to a Court ADR process by order of the assigned Judge follo
• N.D. Cal. Adm. L.R. 2-3Affidavit that Defendant is not Found within the District The affidavit required by Fed. R. Civ. P. Supp. B(1) to accompany the complaint seeking a money judgment shall describe the efforts made by an
• N.D. Cal. Crim. L.R. 2-3Certificate of Service (a) Party Certificate of Service. Whenever these local rules or other provision of law requires any pleading or paper which is presented for filing in a criminal case to be serv
• N.D. Cal. Crim. L.R. 2-4Chambers Copies No chambers copy or “courtesy copy” of an electronically-filed document shall be submitted to the Court, unless required by a standing order of the assigned Judge or requested by the a
• N.D. Cal. ADR L.R. 2-4Violation of the ADR Local Rules (a) Informal Resolution. Without prejudice to the use of more formal procedures set forth in sections (b) and (c) below, a complaint alleging that any person or party,
• N.D. Cal. Adm. L.R. 2-4Use of State Procedures When the plaintiff invokes a state procedure in order to attach or garnish as permitted by the Federal Rules of Civil Procedure or Fed. R. Civ. P. Supp. B(1)(e), the process of
• N.D. Cal. ADR L.R. 2-5Neutrals (a) Panel. The ADR Unit shall maintain a panel of neutrals serving in the Court’s ADR programs. Neutrals will be selected from time to time by the Court from applications submitted by lawyers
• N.D. Cal. Pat. L.R. 2-5Relationship to Federal Rules of Civil Procedure Except as provided in this paragraph or as otherwise ordered, it shall not be a ground for objecting to an opposing party’s discovery request (e.g., in
• N.D. Cal. ADR L.R. 2-6Evaluation of ADR Programs Congress has mandated that the Court’s ADR programs be evaluated. Neutrals, counsel and clients must promptly respond to any inquiries or questionnaires from persons authori
• N.D. Cal. Adm. L.R. 3-1Review by Judge (a) Authorization to Issue Process. Before the clerk will issue a summons and process of arrest, attachment or garnishment to any party, including intervenors, under Fed. R. Civ
• N.D. Cal. Pat. L.R. 3-1Disclosure of Asserted Claims and Infringement Contentions Not later than 14 days after the Initial Case Management Conference, a party claiming patent infringement shall serve on all parties a “Discl
• N.D. Cal. Civ. L.R. 3-2Commencement and Assignment of Action (a) Civil Cover Sheet Required by Litigants Unrepresented by Counsel (“pro se”). Pro se litigants (except pro se prisoners) must file a completed cover sheet, on
• N.D. Cal. ADR L.R. 3-2Description Most civil cases are assigned at filing to the ADR Multi-Option Program, in which the parties are presumptively required to participate in one non-binding ADR process offered by the Court
• N.D. Cal. Pat. L.R. 3-2Document Production Accompanying Disclosure With the “Disclosure of Asserted Claims and Infringement Contentions,” the party claiming patent infringement shall produce to each opposing party or make a
• N.D. Cal. Adm. L.R. 3-2When Assigned Judge Unavailable If the judge to whom a case under these admiralty local rules has been assigned is not available, as defined in Civil L.R. 1-5(n), any matter pertaining to arrest, atta
• N.D. Cal. Civ. L.R. 3-3Assignment of Action to a Judge (a) Assignment. Immediately upon the filing of any civil action and its assignment to a division of the Court pursuant to Civil L.R. 3-2, the Clerk shall assign it to a
• N.D. Cal. ADR L.R. 3-3Assignment to ADR Multi-Option Program (a) Automatic Assignment. In accordance with Civil L.R. 16-2, most civil cases are assigned to the ADR Multi-Option Program by the Clerk when the complaint or no
• N.D. Cal. Adm. L.R. 3-3Return Date In an action under Fed. R. Civ. P. Supp. D, a judge may order that the claim and answer be filed on a date earlier than 21 days after arrest
• N.D. Cal. Civ. L.R. 3-4Papers Presented for Filing (a) First Page Requirements. The first page of each paper presented for filing must set forth: (1) The name, address, telephone number, email address, and state bar number
• N.D. Cal. Pat. L.R. 3-4Document Production Accompanying Invalidity Contentions With the “Invalidity Contentions,” the party opposing a claim of patent infringement shall produce or make available for inspection and copying:
• N.D. Cal. ADR L.R. 3-4ADR Options (a) Court-Sponsored ADR Processes. The court-sponsored ADR options for cases assigned to the ADR Multi-Option Program include: 1
• N.D. Cal. Adm. L.R. 3-4Process Held in Abeyance If a party does not wish the process to be issued at the time of filing the action, the party shall request that issuance of process be held in abeyance
• N.D. Cal. Civ. L.R. 3-53-6
• N.D. Cal. ADR L.R. 3-5Selecting an ADR Process (a) Meet and Confer to Select ADR Process. In cases assigned to the ADR Multi-Option Program, as soon as feasible after filing or removal and no later than the deadline to mee
• N.D. Cal. Pat. L.R. 3-5Disclosure Requirement in Patent Cases for Declaratory Judgment of Invalidity (a) Invalidity Contentions If No Claim of Infringement. In all cases in which a party files a complaint or other pleading
• N.D. Cal. Pat. L.R. 3-6Amendment to Contentions Amendment of the Infringement Contentions or the Invalidity Contentions may be made only by order of the Court upon a timely showing of good cause. Non-exhaustive examples of
• N.D. Cal. ADR L.R. 3-6ADR Phone Conference
• N.D. Cal. ADR L.R. 3-7Timing of ADR Process in the ADR Multi-Option Program Unless otherwise ordered, the ADR session must be held within 90 days after the entry of an order referring the case to a specific ADR process
• N.D. Cal. Pat. L.R. 3-7Advice of Counsel Not later than 30 days after service by the Court of its Claim Construction Ruling, each party relying upon advice of counsel as part of a patent-related claim or defense for any rea
• N.D. Cal. Civ. L.R. 3-8Claim of Unconstitutionality (a) Federal Statute. In any action in which the constitutionality of an Act of Congress is questioned and neither the United States nor any officer, agency, or employee th
• N.D. Cal. Pat. L.R. 3-8Damages Contentions Not later than 50 days after service of the Invalidity Contentions, each party asserting infringement shall identify each of the category(-ies) of damages it is seeking for the ass
• N.D. Cal. Civ. L.R. 3-9Parties Cross Reference See 28 U.S.C. § 2403
• N.D. Cal. Pat. L.R. 3-9Responsive Damages Contentions Not later than 30 days after service of the Damages Contentions served pursuant to Patent L.R
• N.D. Cal. Civ. L.R. 3-10Ex Parte Motion to Proceed In Forma Pauperis (a) Motion to Proceed In Forma Pauperis. At the commencement of an action, any person wishing the Court to authorize prosecution or defense of the action w
• N.D. Cal. Pat. L.R. 3-10Damages Contentions Meeting 4
• N.D. Cal. Civ. L.R. 3-11Failure to Notify of Address Change (a) Duty to Notify. An attorney or a party proceeding pro se whose address changes while an action is pending must promptly file with the Court and serve upon all o
• N.D. Cal. Civ. L.R. 3-12Related Cases (a) Definition of Related Cases. An action is related to another when: (1) The actions concern substantially the same parties, property, transaction, or event; and (2) It appears likely
• N.D. Cal. Civ. L.R. 3-13Notice of Pendency of Other Action or Proceeding (a) Notice. Whenever a party knows or learns that an action filed or removed to this district involves all or a material part of the same subject matte
• N.D. Cal. Civ. L.R. 3-14Disqualification of Assigned Judge Whenever an affidavit of bias or prejudice directed at a Judge of this Court is filed pursuant to 28 U.S.C. § 144, and the Judge has determined not to recuse him or
• N.D. Cal. Civ. L.R. 3-15Disclosure of Conflicts, Interested Entities and Persons, and Citizenship (a) Requirements. Each non-governmental party must: (1) file a “Conflicts, Interested Entities and Persons, and Citizenship” w
• N.D. Cal. Civ. L.R. 4-1Limitation on Service by Marshal Except for service on behalf of the United States or as required by Fed. R. Civ. P. 4(c)(2), or unless the Court orders otherwise for good cause shown, service of summ
• N.D. Cal. Adm. L.R. 4-1Order to Show Cause Regarding Intangible Property The summons issued pursuant to Fed. R. Civ. P. Supp. C(3) shall direct the person having control of intangible property to show cause, no later than 1
• N.D. Cal. Pat. L.R. 4-1Exchange of Proposed Terms for Construction (a) Not later than 14 days after service of the “Invalidity Contentions” pursuant to Patent L.R. 3-3, not later than 42 days after service upon it of the “D
• N.D. Cal. Civ. L.R. 4-2Service of Supplementary Material Along with the complaint and the summons or request for waiver of service, a party subject to Civil L.R. 16-2(a), (b), or (c), must serve the following Supplementary
• N.D. Cal. Adm. L.R. 4-2Notice of Action and Arrest (a) Publication
• N.D. Cal. Pat. L.R. 4-2Exchange of Preliminary Claim Constructions and Extrinsic Evidence (a) Not later than 21 days after the exchange of the lists pursuant to Patent L.R. 4-1, the parties shall simultaneously exchange pro
• N.D. Cal. Pat. L.R. 4-3Joint Claim Construction and Prehearing Statement and Expert Reports Not later than 60 days after service of the “Invalidity Contentions,” the parties shall complete and file a Joint Claim Constructio
• N.D. Cal. Adm. L.R. 4-3Service by Marshal--When Required Only a marshal shall arrest or attach a vessel or tangible property aboard a vessel
• N.D. Cal. Adm. L.R. 4-5Property in Possession of United States Officer When the property to be attached or arrested is in the custody of an employee or officer of the United States, the marshal will deliver a copy of the co
• N.D. Cal. Pat. L.R. 4-5Claim Construction Briefs (a) Not later than 45 days after serving and filing the Joint Claim Construction and Prehearing Statement, the party claiming patent infringement, or the party asserting inva
• N.D. Cal. Adm. L.R. 4-6Security Deposit for Arrest or Attachment of Vessels The first party who seeks arrest or attachment of a vessel or property aboard a vessel shall deposit with the marshal the sum estimated by the mars
• N.D. Cal. Adm. L.R. 4-7Undertakings in Lieu of Arrest If, before or after commencement of suit, plaintiff accepts any written undertaking to respond on behalf of the vessel or other property sued in return for foregoing its
• N.D. Cal. Pat. L.R. 4-7Good Faith Participation A failure to make a good faith effort to narrow the instances of disputed terms or otherwise participate in the meet and confer process of any of the provisions of section 4 m
• N.D. Cal. Adm. L.R. 4-8Adversary Hearing The adversary hearing following arrest or attachment or garnishment that is called for in Fed
• N.D. Cal. Civ. L.R. 5-1Electronic Case Filing (a) Electronic Filing, Signing, or Verification. Pursuant to Fed. R. Civ. P. 5(d)(3), papers may be filed, signed, or verified by electronic means
• N.D. Cal. Crim. L.R. 5-1Criminal Case Proceedings before Assignment to a District Judge (a) Calendar for Proceedings in Criminal Cases Before Assignment. Each courthouse of this District shall maintain a criminal calendar to
• N.D. Cal. Adm. L.R. 5-2Order of Proof at Trial Where the vessel interests seeking statutory limitation of liability have raised the statutory defense by way of answer or complaint, the plaintiff in the former or the damage
• N.D. Cal. ADR L.R. 5-3Evaluators (a) Appointment. After entry of an order referring a case to ENE, the ADR Unit will appoint from the Court’s panel an Evaluator who has expertise in the subject matter of the lawsuit, is av
• N.D. Cal. Civ. L.R. 5-4Drop Box Filings (a) Documents Which May Be Filed. Most documents that are required or permitted to be manually filed may be deposited in a Clerk’s Office drop box, subject to the following: (1) Any p
• N.D. Cal. ADR L.R. 5-4Timing and Scheduling the ENE Session (a) Scheduling by Evaluator. Promptly after being appointed to a case, the Evaluator must arrange for the pre-session phone conference under ADR L.R. 5-7 and, aft
• N.D. Cal. Civ. L.R. 5-5Certificate of Service (a) Form. Whenever any pleading or other paper presented for filing is required (or permitted by any rule or other provision of law) to be served upon any party or person, unles
• N.D. Cal. ADR L.R. 5-5Requests to Extend Deadline (a) Motion Required. Requests for extension of the deadline for conducting an ENE session must be made by the parties no later than 14 days before the session is to be held
• N.D. Cal. ADR L.R. 5-7Phone Conference Before ENE Session The Evaluator shall schedule a brief joint phone conference before the ENE session with counsel who will attend the ENE session to discuss matters such as the sched
• N.D. Cal. ADR L.R. 5-8Written ENE Statements (a) Time for Submission. No later than 7 days before the first ENE session unless otherwise directed by the Evaluator, each party must submit directly to the Evaluator, and must
• N.D. Cal. ADR L.R. 5-9Special Provisions for Patent, Copyright, or Trademark Cases Unless otherwise directed by the Evaluator, the following provisions apply to the written ENE statements submitted under ADR L.R. 5-8
• N.D. Cal. ADR L.R. 5-10Attendance at Session Parties
• N.D. Cal. ADR L.R. 5-11Procedure at ENE Session Components of ENE Session
• N.D. Cal. ADR L.R. 5-12Confidentiality Confidential Treatment
• N.D. Cal. ADR L.R. 5-13Follow Up Discussion at Close of ENE
• N.D. Cal. Civ. L.R. 6-1Enlarging or Shortening Time 6
• N.D. Cal. Crim. L.R. 6-16-2
• N.D. Cal. ADR L.R. 6-1Description 6
• N.D. Cal. Adm. L.R. 6-1Default in Action In Rem (a) Notice Required
• N.D. Cal. Civ. L.R. 6-2Stipulated Request for Order Changing Time (a) Form and Content. The parties may file a stipulation, conforming to Civil L.R. 7-12, requesting an order changing time that would affect the date of an e
• N.D. Cal. Crim. L.R. 6-2Grand Jury Administration (a) Motions Pertaining to Composition or Term of Impaneled Grand Jury. A request by the government or a grand juror for an order pertaining to service on or the term of an im
• N.D. Cal. Adm. L.R. 6-2Entry of Default and Default Judgment After the time for filing an answer has expired, the plaintiff may apply for entry of default under Fed. R. Civ. P. 55(a)
• N.D. Cal. Civ. L.R. 6-3Motion to Change Time (a) Form and Content. A motion to enlarge or shorten time may be no more than 5 pages in length and must be accompanied by a proposed order and by a declaration that: (1) Sets fo
• N.D. Cal. ADR L.R. 6-3Mediators (a) Appointment. After entry of an order referring a case to Mediation, the ADR Unit will appoint from the Court’s panel a mediator who is available during the appropriate period and has no
• N.D. Cal. Adm. L.R. 6-3Rate of Prejudgment Interest Allowed Unless a judge directs otherwise or as provided by statute, prejudgment interest shall be awarded at the rate authorized in 28 U.S.C. § 1961, providing for interes
• N.D. Cal. ADR L.R. 6-4Timing and Scheduling the Mediation (a) Scheduling by Mediator. Promptly after being appointed to a case, the mediator must arrange for the pre-Mediation conference under ADR L.R. 6-6 and, after consu
• N.D. Cal. ADR L.R. 6-5Request To Extend the Deadline (a) Motion Required. Requests for extension of the deadline for conducting a Mediation must be made no later than 14 days before the session is to be held and must be di
• N.D. Cal. ADR L.R. 6-6Phone Conference Before Mediation The mediator must schedule a brief joint phone conference before the Mediation session with counsel who will attend the Mediation session to discuss matters such as t
• N.D. Cal. ADR L.R. 6-7Written Mediation Statements (a) Time for Submission. No later than 7 days before the first Mediation session, unless otherwise directed by the mediator, each party must submit directly to the mediato
• N.D. Cal. ADR L.R. 6-8Special Provisions for Patent, Copyright, or Trademark Cases Unless otherwise directed by the mediator, the following provisions apply to the written Mediation statements submitted under ADR L.R. 6-7
• N.D. Cal. ADR L.R. 6-9Contact with Mediator Before the Mediation Before the Mediation, the mediator may ask each party to submit only to the mediator an additional confidential written statement or may discuss the case in
• N.D. Cal. ADR L.R. 6-10Attendance at Session (a) (b) (c) (d) (a) (b) (c) (a) (b) (c) (a) (b) (c) USDC ADR Local Rules – Effective May 1, 2018 Table of Contents-3 (a) (b) (a) (b) (c) Parties
• N.D. Cal. ADR L.R. 6-12Confidentiality Confidential Treatment
• N.D. Cal. ADR L.R. 6-14Certification of Session 7
• N.D. Cal. Civ. L.R. 7-1Motions 7
• N.D. Cal. Crim. L.R. 7-1Assignment of Criminal Case (a) Designation in Caption of Pleading. In the caption of each complaint, indictment or information immediately following the identification of the pleading, the government
• N.D. Cal. Adm. L.R. 7-1Security for Costs In an action under the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure, a party may move upon notice to all parties for an order
• N.D. Cal. Civ. L.R. 7-2Notice and Supporting Papers (a) Time. Except as otherwise ordered or permitted by the assigned Judge or these Local Rules, and except for motions made during the course of a trial or hearing, all mot
• N.D. Cal. ADR L.R. 7-2Referral to a Settlement Conference Cases are referred to a settlement conference by order of the assigned Judge following a written stipulation by all parties, on motion by a party under Civil L.R. 7
• N.D. Cal. Adm. L.R. 7-2Appraisal An order for appraisal of property so that security may be given or altered will be entered by the clerk at the request of any interested party
• N.D. Cal. Civ. L.R. 7-3Opposition; Reply; Supplementary Material (a) Opposition. Any opposition to a motion may include a proposed order, affidavits, or declarations, as well as a brief or memorandum under Civil L.R. 7-4. A
• N.D. Cal. ADR L.R. 7-3Directives from the Settlement Judge Within any constraints fixed by the referring Judge, the settlement Judge shall notify the parties of the time and date of the settlement conference. The settlemen
• N.D. Cal. Civ. L.R. 7-4Brief or Memorandum of Points and Authorities (a) Content. In addition to complying with the applicable provisions of Civil L.R. 3-4, a brief or memorandum of points and authorities filed in support,
• N.D. Cal. ADR L.R. 7-4Settlement Conference Confidentiality (a) Confidential Treatment. Except as provided by a case-specific order entered in advance of the settlement conference or in subdivision (b) of this local rule,
• N.D. Cal. Civ. L.R. 7-5Affidavit or Declaration (a) Affidavit or Declaration Required. Factual contentions made in support of or in opposition to any motion must be supported by an affidavit or declaration and by appropriat
• N.D. Cal. Civ. L.R. 7-7Continuance of Hearing or Withdrawal of Motion (a) Before Opposition is Filed. Except for cases where the Court has issued a Temporary Restraining Order, a party who has filed a motion may file a noti
• N.D. Cal. Civ. L.R. 7-9Motion for Reconsideration (a) Leave of Court Requirement. Before the entry of a judgment adjudicating all of the claims and the rights and liabilities of all the parties in a case, any party may make
• N.D. Cal. Civ. L.R. 7-10Ex Parte Motions Unless otherwise ordered by the assigned Judge, a party may file an ex parte motion, that is, a motion filed without notice to opposing party, only if a statute, Federal Rule, local r
• N.D. Cal. Civ. L.R. 7-11Motion for Administrative Relief The Court recognizes that during the course of case proceedings a party may require a Court order with respect to miscellaneous administrative matters, not otherwise g
• N.D. Cal. Civ. L.R. 7-13Notice Regarding Submitted Matters Whenever any motion or other matter has been under submission for more than 120 days, a party, individually or jointly with another party, may file with the Court a
• N.D. Cal. Crim. L.R. 8-1Notice of Related Case in a Criminal Action (a) Notice Requirement. Whenever a party to a criminal action pending in this District knows or learns that the action is related to a civil or criminal act
• N.D. Cal. ADR L.R. 8-1Other Court ADR Processes (a) Non-binding Arbitration. Non-binding arbitration is an adjudicative process in which an arbitrator or a panel of three arbitrators issues a non-binding judgment (“award”
• N.D. Cal. Adm. L.R. 8-1Intervenor's Lien or Other Non-Possessory or Non-Ownership Claim in Admiralty and Maritime Cases (a) Filing of Intervening Complaint
• N.D. Cal. ADR L.R. 8-2Private ADR There are numerous private sector providers of ADR services including arbitration, Mediation, fact-finding, neutral evaluation and private judging. Private providers may be lawyers, law pr
• N.D. Cal. Adm. L.R. 9-1Custody of Property (a) Safekeeping of Property
• N.D. Cal. Adm. L.R. 9-2Sale of Property in Actions Not Subject to Fed. R. Civ. P. Supp. G (a) Notice
• N.D. Cal. Civ. L.R. 10-1Amended Pleadings 10
• N.D. Cal. Civ. L.R. 11-1The Bar of this Court 11
• N.D. Cal. Civ. L.R. 11-3Pro Hac Vice (a) Application. An attorney who is not a member of the bar of this Court may apply to appear pro hac vice in a particular action in this district by submitting to the Clerk, together wit
• N.D. Cal. Civ. L.R. 11-4Standards of Professional Conduct (a) Duties and Responsibilities. Every member of the bar of this Court and any attorney permitted to practice in this Court under Civil L.R. 11 must: (1) Be familiar
• N.D. Cal. Civ. L.R. 11-5Withdrawal from Case (a) Order Permitting Withdrawal. Counsel may not withdraw from an action until relieved by order of the Court after written notice has been provided, reasonably in advance, to the
• N.D. Cal. Civ. L.R. 11-6Discipline (a) General. In the event that a Judge has cause to believe that an attorney (as defined in subsection (b) below) has engaged in unprofessional conduct, the Judge may, in addition to any ac
• N.D. Cal. Civ. L.R. 11-7Reciprocal Discipline and Discipline Following Felony Conviction (a) Required Notice of Change in Status. Any attorney admitted to practice in this Court or any attorney appearing pro hac vice who is
• N.D. Cal. Civ. L.R. 11-9Student Practice (a) Permission to Appear. With the approval of the assigned Judge, a certified law student who complies with these Local Rules and acts under the supervision of a member of the bar of
• N.D. Cal. Crim. L.R. 12-1Pretrial Motions Unless good cause is shown, all defenses, objections or requests pursuant to Fed. R. Crim. P
• N.D. Cal. Crim. L.R. 16-1Procedures for Disclosure and Discovery in Criminal Actions (a) Meeting of Counsel. Within 14 days after a defendant's plea of not guilty, the attorney for the government and the defendant's attorney
• N.D. Cal. Civ. L.R. 16-2Order Setting Initial Case Management Conference (a) Issuance and Service of Order
• N.D. Cal. Civ. L.R. 16-3Lead Trial Counsel Required to Confer Unless otherwise ordered, the conferring and planning that is mandated by Fed. R. Civ. P
• N.D. Cal. Civ. L.R. 16-4Procedure in Bankruptcy Appeals Appeals from the United States Bankruptcy Court to the United States District Court are governed by the Federal Rules of Bankruptcy Procedure and the Bankruptcy Local R
• N.D. Cal. Civ. L.R. 16-5Procedure in Actions for Review on an Administrative Record In actions for District Court review on an administrative record (except cases governed by the Supplemental Rules for Social Security Action
• N.D. Cal. Civ. L.R. 16-7Procedure in Other Exempt Cases Unless otherwise provided in these local rules, in categories of cases that are exempted by Fed. R. Civ. P. 26(a)(1)(B) from the initial disclosure requirements of Fed.
• N.D. Cal. Civ. L.R. 16-8Alternative Dispute Resolution (ADR) in the Northern District (a) District Policy Regarding ADR. It is the policy of this Court to assist parties involved in civil litigation to resolve their disputes
• N.D. Cal. Civ. L.R. 16-9Case Management Statement and Proposed Order (a) Joint or Separate Case Management Statement. Unless otherwise ordered, no later than the date specified in Fed. R. Civ. P. 26(f), counsel must file a J
• N.D. Cal. Civ. L.R. 16-10(a) (b) (c) (d) Case Management Conference Initial Case Management Conference Case Management Orders Subsequent Case Management Conferences Subsequent Case Management Statements 23
• N.D. Cal. Crim. L.R. 17-2Subpoena to Produce Documents or Objects in Advance of Trial or Hearing (a) Order Required. No subpoena in a criminal case may require the production of books, papers, documents or other objects in ad
• N.D. Cal. Crim. L.R. 18-1Intradistrict Assignment of Criminal Actions V
• N.D. Cal. Crim. L.R. 18-2Intradistrict Transfer
• N.D. Cal. Crim. L.R. 20-1Assignment, Plea or Sentencing under Rule 20 Any criminal case transferred to this District pursuant to Fed. R. Crim. P. 20 shall be commenced in the courthouse which, pursuant to Crim. L.R. 18-1 (a),
• N.D. Cal. Civ. L.R. 23-1Private Securities Actions 23
• N.D. Cal. Crim. L.R. 24-1Procedure for Exercise of Peremptory Challenges VI
• N.D. Cal. Crim. L.R. 24-2Passing a Peremptory Challenge If a party passes a peremptory challenge and if the opposing party also passes, the jury shall be deemed selected. However, if a party passes a peremptory challenge and
• N.D. Cal. Civ. L.R. 26-1Custodian of Discovery Documents The party propounding interrogatories, requests for production of documents, or requests for admission must retain the original of the discovery request and the origin
• N.D. Cal. Civ. L.R. 30-1Required Consultation Regarding Scheduling 30
• N.D. Cal. Civ. L.R. 30-2Numbering of Deposition Pages and Exhibits (a) Sequential Numbering of Pages. The pages of the deposition of a single witness, even if taken at different times, must be numbered sequentially
• N.D. Cal. Crim. L.R. 32-1Scheduling of the Sentencing Hearing VII. JUDGMENT (a) Setting the Date for Sentencing. Unless referral is waived or delayed pursuant to Crim. L.R. 32-1(b) or (c), at the time of a finding of guilt or
• N.D. Cal. Crim. L.R. 32-2Rescheduling the Date for Sentencing
• N.D. Cal. Crim. L.R. 32-3Initiation of the Presentence Investigation (a) Duty to Assist Probation Office Scheduling. On the day the defendant is referred to the Probation Officer, the defendant’s counsel (and, if the defendan
• N.D. Cal. Crim. L.R. 32-4Proposed Presentence Report (a) Distribution of Proposed Presentence Report. Pursuant to Fed. R. Crim. P. 32(b)(6) at least 35 days before the date set for sentencing, the Probation Officer shall furn
• N.D. Cal. Crim. L.R. 32-5Final Presentence Report (a) Final Presentence Report and Attachments. At least 14 days before the date set for sentencing, the Probation Officer shall disclose a copy of the final presentence report
• N.D. Cal. Crim. L.R. 32-6Sentencing Proceedings (a) Form of Judgment. After imposition of sentence, without unnecessary delay, the Court shall enter judgment on the form entitled “Judgment in a Criminal Case” adopted by the A
• N.D. Cal. Crim. L.R. 32-7Confidential Character of Presentence Report (a) Disclosure of Presentence Reports and Related Records. A presentence report, probation, supervised release report, violation report and related documen
• N.D. Cal. Civ. L.R. 33-2Demands that a Party Set Forth the Basis for a Denial of a Requested Admission A demand that a party set forth the basis for a denial of an admission requested under Fed. R
• N.D. Cal. Civ. L.R. 33-3Motions for Leave to Propound More Interrogatories Than Permitted by Fed. R
• N.D. Cal. Civ. L.R. 34-1Form of Responses to Requests for Production A response to a request for production or inspection made pursuant to Fed. R. Civ. P. 34(a) must set forth each request in full before each response or obj
• N.D. Cal. Civ. L.R. 36-2Demands that a Party Set Forth the Basis for a Denial of a Requested Admission A demand that a party set forth the basis for a denial of a requested admission will be treated as a separate discovery r
• N.D. Cal. Civ. L.R. 37-1Procedures for Resolving Disputes (a) Conference Between Counsel Required. The Court will not entertain a request or a motion to resolve a disclosure or discovery dispute unless, pursuant to Fed. R. C
• N.D. Cal. Civ. L.R. 37-2Form of Motions to Compel In addition to complying with applicable provisions of Civil L.R. 7, a motion to compel further responses to discovery requests must set forth each request in full, followed
• N.D. Cal. Civ. L.R. 37-3Discovery Cut-Off; Deadline to File Discovery Motions Unless otherwise ordered, as used in any order of this Court or in these Local Rules, a “discovery cut-off” is the date by which all responses to
• N.D. Cal. Civ. L.R. 37-4Motions for Sanctions under Fed. R. Civ. P. 37 When, in connection with a dispute about disclosure or discovery, a party moves for an award of attorney fees or other form of sanction under Fed. R. Civ
• N.D. Cal. Civ. L.R. 40-1Continuance of Trial Date; Sanctions for Failure to Proceed No continuance of a scheduled trial date will be granted except by order of the Court issued in response to a motion made in accordance with
• N.D. Cal. Crim. L.R. 41-1Assignment of Rule 41 Motion or Proceedings When no criminal case has been filed, proceedings under Fed. R. Crim. P. 41 shall be assigned as a miscellaneous matter to the General Duty Judge. When a cr
• N.D. Cal. Crim. L.R. 44-1Right to and Appointment of Counsel (a) Retained Counsel. If a defendant appears without counsel in a criminal proceeding, the Court may grant a reasonable continuance if the defendant expresses a des
• N.D. Cal. Crim. L.R. 44-2Appearance and Withdrawal of Counsel (a) Appearance of Counsel. Whether retained or appointed, an attorney appearing for a defendant in a criminal case shall promptly inform the Court by either a writ
• N.D. Cal. Crim. L.R. 44-3Pro Se Defendant in Criminal Case (a) Manner of Giving Notice to Pro Se Defendant. If a defendant appears pro se, a party shall be deemed to comply with any requirement of these local rules for giving
• N.D. Cal. Crim. L.R. 46-1Motions to Release or Detain Subject to the provisions of 18 U.S.C. §§3141-3145, 3148-3149, Magistrate Judges shall hear and determine all motions to release or detain except as otherwise ordered by t
• N.D. Cal. Crim. L.R. 47-2Noticed Motion in a Criminal Case (a) Time. Except as the assigned Judge directs or these criminal local rules require, all motions in criminal cases shall be filed, served and noticed in writing for
• N.D. Cal. Crim. L.R. 47-3Ex Parte Motion in a Criminal Case (a) Form and Content of Ex Parte Motion. An ex parte motion shall contain: (1) In one filed document not exceeding 5 pages in length, the motion, a memorandum of poi
• N.D. Cal. Crim. L.R. 47-4Stipulation A stipulation requesting judicial action shall be in writing signed by all affected parties or their counsel. A proposed form of order may be submitted with the stipulation and may consist
• N.D. Cal. Civ. L.R. 54-1Filing of Bill of Costs 54
• N.D. Cal. Civ. L.R. 54-2Objections to Bill of Costs (a) Time for Filing Objections. Within 14 days after service by any party of its bill of costs, the party against whom costs are claimed must serve and file any specific ob
• N.D. Cal. Civ. L.R. 54-3Standards for Taxing Costs (a) Fees for Filing and Service of Process (1) The Clerk’s filing fee is allowable if paid by the claimant
• N.D. Cal. Civ. L.R. 54-4Determination of Taxable Costs (a) Supplemental Documentation. The Clerk may require and consider further affidavits and documentation as necessary to determine allowable costs
• N.D. Cal. Civ. L.R. 54-5Motion for Attorney’s Fees (a) Time for Filing Motion. Motions for awards of attorney’s fees by the Court must be served and filed within 14 days of entry of judgment by the District Court, unless oth
• N.D. Cal. Crim. L.R. 55-1Applicability of Civil Local Rules Regarding Exhibits Unless the Judge hearing the matter otherwise orders, the procedures set forth in Civil L.R
• N.D. Cal. Crim. L.R. 56-1Filing Material Under Seal in Criminal Cases (a) Right of Access. The public has a right of access to the Court’s files. The Court nevertheless recognizes that, in some criminal matters, the Court mus
• N.D. Cal. Civ. L.R. 56-2Separate or Joint Statement of Undisputed Facts (a) No Separate Statement Allowed Without Court Order. Unless required by the assigned Judge, no separate statement of undisputed facts or joint stateme
• N.D. Cal. Civ. L.R. 56-3Issues Deemed Established Statements contained in an order of the Court denying a motion for summary judgment or summary adjudication shall not constitute issues deemed established for purposes of the
• N.D. Cal. Crim. L.R. 58-1Designation of Magistrate Judges to Try Misdemeanors and Other Petty Offenses
• N.D. Cal. Crim. L.R. 58-2Appeal from Conviction by Magistrate Judge (a) Assignment to District Judge. When an appeal from a judgment of conviction or sentence by a Magistrate Judge to a District Judge is made pursuant to Fed.
• N.D. Cal. Crim. L.R. 59-1Effective Date These rules are effective December 1, 2009 and shall govern all criminal proceedings commenced on or after that date. Unless otherwise ordered by the Assigned Judge, these rules shall a
• N.D. Cal. Civ. L.R. 65-1Temporary Restraining Orders (a) Documentation Required. A motion for temporary restraining order must be accompanied by: (1) A copy of the complaint; (2) A separate memorandum of points and authoriti
• N.D. Cal. Civ. L.R. 65-2Motion for Preliminary Injunction Motions for preliminary injunctions unaccompanied by a temporary restraining order are governed by Civil L.R. 7-2
• N.D. Cal. Civ. L.R. 66-1Appointment of Receiver (a) Time for Motion. A motion for the appointment of a receiver in a case may be made after the complaint has been filed and the summons issued
• N.D. Cal. Civ. L.R. 66-2Employment of Attorneys, Accountants or Investigators The receiver may not employ an attorney, accountant, or investigator without a Court order
• N.D. Cal. Civ. L.R. 66-4Deposit of Funds A receiver must deposit all funds received into the institution selected by the Court as its designated depository pursuant to 28 U.S.C. § 2041
• N.D. Cal. Civ. L.R. 66-6Notice of Hearings The receiver must give all interested parties notice of the time and place of hearings of the following in accordance with Civil L.R. 7-2: USDC Local Civil Rules – Effective May 1,
• N.D. Cal. Civ. L.R. 72-2Motion for Relief from Nondispositive Pretrial Order of Magistrate Judge (a) Form of Objection. Any objection filed pursuant to Fed. R. Civ. P. 72(a) and 28 U.S.C
• N.D. Cal. Civ. L.R. 72-3Motion for De Novo Determination of Dispositive Matter Referred to Magistrate Judge (a) Form of Motion and Response. Any objection filed pursuant to Fed. R. Civ. P. 72(b) and 28 U.S.C. § 636(b)(1)(B)
• N.D. Cal. Civ. L.R. 73-1Time for Consent to Magistrate Judge (a) Cases Initially Assigned to a Magistrate Judge. In cases that are initially assigned to a Magistrate Judge: (1) Parties must either file written consent to the
• N.D. Cal. Civ. L.R. 77-1Locations and Hours (a) Locations (1) The Office of the Clerk for the San Francisco Division is located at the Philip Burton Federal Building and United States Courthouse, 450 Golden Gate Avenue, San
• N.D. Cal. Civ. L.R. 77-2Orders Grantable by Clerk The Clerk is authorized to sign and enter orders specifically allowed to be signed by the Clerk under the Federal Rules of Civil Procedure and these local rules. The Clerk ma
• N.D. Cal. Civ. L.R. 77-3Remote Public Access to Court Proceedings in Civil Cases [Revised] (a) Generally allowed at judge’s discretion. To the extent not prohibited by statute, the Federal Rules of Civil Procedure, Ninth Cir
• N.D. Cal. Civ. L.R. 77-4Official Notices The following media are designated by this Court as its official means of giving public notice of calendars, General Orders, employment opportunities, policies, proposed modifications
• N.D. Cal. Civ. L.R. 77-6Weapons in the Courthouse and Courtroom (a) Prohibition on Unauthorized Weapons. Only the United States Marshal, Deputy Marshals, and Court Security Officers are authorized to carry weapons within the
• N.D. Cal. Civ. L.R. 77-7Court Library The Court maintains a law library primarily for the use of Judges and personnel of the Court
• N.D. Cal. Civ. L.R. 77-8Complaints Against Judges Pursuant to 28 U.S.C. § 351(a), any person alleging that a Judge of this Court has engaged in conduct prejudicial to the effective and expeditious administration of the busin
• N.D. Cal. Civ. L.R. 79-1Transcript and Designation of Record on Appeal If a party timely orders a transcript in accordance with the requirements of Fed. R. App. P
• N.D. Cal. Civ. L.R. 79-4Custody and Retention of Trial Exhibits (a) Custody of Exhibits During Trial or Evidentiary Hearing. Unless the Court directs otherwise, each exhibit admitted into evidence during a trial or other evi
• N.D. Cal. Civ. L.R. 79-5Filing Documents Under Seal in Civil Cases (a) Right of Access
• N.D. Cal. Civ. L.R. 83-2Procedure for Public Comment on Local Rules (a) Public Submissions. Any person may submit written suggestions for amendments to the local rules at any time. Such suggestions shall be directed to the C
• N.D. Cal. Hab. L.R. 2254-1Title ........................................................................................................................... HAB-1 I
• N.D. Cal. Hab. L.R. 2254-3Filing Petition (a) Venue. The following noncapital petitions for writs of habeas corpus shall be filed in this District: (1) Petitions challenging the lawfulness of a conviction or sentence for which
• N.D. Cal. Hab. L.R. 2254-4Assignment to Judges (a) Assignment to District Judge. The assignment of noncapital habeas corpus petitions to a Judge shall be made in accordance with the provisions of the Assignment Plan of the Cou
• N.D. Cal. Hab. L.R. 2254-6Briefing Schedule (a) Schedule. Unless the Judge summarily dismisses the petition under Rule 4 of the Rules Governing § 2254 Cases, the schedule and procedure set forth in this Rule shall apply, subje
• N.D. Cal. Hab. L.R. 2254-7Evidentiary Hearing (a) Request for Evidentiary Hearing. A request for an evidentiary hearing by either party shall be made within 14 days from the filing of the traverse, or within 14 days from the e
• N.D. Cal. Hab. L.R. 2254-8Oral Argument (a) Request for Oral Argument. A request for an oral argument by either party shall be made within 14 days from the filing of the traverse, or within 14 days from the expiration of the t
• N.D. Cal. Hab. L.R. 2254-9Rulings ...................................................................................................................... HAB-3 II
• N.D. Cal. Hab. L.R. 2254-21Notices From California Attorney General The California Attorney General shall send to the Clerk the following reports: (a) Monthly Report. Monthly, the Attorney General shall send a list of all sched
• N.D. Cal. Hab. L.R. 2254-22Venue (a) Policy Statement. Subject to the provisions of 28 U.S.C. § 2241(d), it is the policy of this Court that a petition for writ of habeas corpus in a capital case should be heard in the district
• N.D. Cal. Hab. L.R. 2254-23Commencement of Proceedings (a) Place of Filing. The first paper or pleading with respect to relief from a judgment imposing a penalty of death for which venue lies in this district shall be filed in
• N.D. Cal. Hab. L.R. 2254-24Stays of Execution (a) Stay Pending Final Disposition. Upon the filing of a first paper or pleading by a petitioner who was convicted and sentenced to death in this District, unless the pleading is pa
• N.D. Cal. Hab. L.R. 2254-25Counsel (a) In General. Each petitioner in a proceeding for a writ of habeas corpus in a capital case shall be represented by counsel unless the petitioner has clearly elected to proceed pro se and th
• N.D. Cal. Hab. L.R. 2254-27Lodging of the Record (a) Material to be Lodged. As soon as practicable, but in any event within 21 days from the date of the initial case management conference, the respondent shall lodge with the Co
• N.D. Cal. Hab. L.R. 2254-28Finalized Petition (a) Form. The term "finalized petition" shall refer to the petition filed by retained or appointed counsel, or by a petitioner who has expressly waived counsel and elected to procee
• N.D. Cal. Hab. L.R. 2254-29Schedule of Proceedings for Considering the Finalized Petition (a) Presumptive Schedule. Unless the Judge summarily dismisses the petition under Rule 4 of the Rules Governing § 2254 Cases, the followi
• N.D. Cal. Hab. L.R. 2254-31Transmission of Record (a) When Petition Denied and Certificate of Appealability Denied. When the petitioner files a notice of appeal from an order denying habeas relief, and the District Court has de