CAND Civil Local Rules 2-2-2023

UNITED STATES DISTRICT COURT
Northern District of California

CIVIL LOCAL RULES
CONTENTS
1. TITLE; SCOPE; DEFINITIONS .............................................................................................................. 9
1-1. Title .............................................................................................................................................. 9
1-2. Scope, Purpose and Construction ................................................................................................. 9
(a) Scope ............................................................................................................................... 9
(b) Supplement to Federal Rules ........................................................................................... 9
(c) Temporary Suspension of Local Rules............................................................................ 9
1-3. Effective Date ............................................................................................................................... 9
1-4. Sanctions and Penalties for Noncompliance ................................................................................ 9
1-5. Definitions .................................................................................................................................... 9
(a) Clerk ................................................................................................................................ 9
(b) Court ................................................................................................................................ 9
(c) Day .................................................................................................................................. 9
(d) Ex parte ........................................................................................................................... 9
(e) File................................................................................................................................. 10
(f) Fed. R. Civ. P ................................................................................................................ 10
(g) Fed. R. Crim. P .............................................................................................................. 10
(h) Fed. R. App. P ............................................................................................................... 10
(i) Federal Rule .................................................................................................................. 10
(j) General Orders .............................................................................................................. 10
(k) General Duty Judge ....................................................................................................... 10
(l) Judge.............................................................................................................................. 10
(m) Lodge............................................................................................................................. 10
(n) Meet and confer ............................................................................................................. 10
(o) Standing Orders of Individual Judges ........................................................................... 10
(p) Unavailability ................................................................................................................ 10
3. COMMENCEMENT AND ASSIGNMENT OF ACTION .................................................................... 11
3-1. Regular Session .......................................................................................................................... 11
3-2. Commencement and Assignment of Action ............................................................................... 11
(a) Civil Cover Sheet .......................................................................................................... 11
(b) Commencement of Action............................................................................................. 11
(c) Assignment to a Division .............................................................................................. 11
(d) San Francisco and Oakland ........................................................................................... 11
(e) San Jose ......................................................................................................................... 11
(f) Eureka............................................................................................................................ 11
(g) Assignment of Action to the Eureka Division............................................................... 11
(h) Transfer of Actions and Proceedings ............................................................................ 11
3-3. Assignment of Action to a Judge................................................................................................ 12
(a) Assignment .................................................................................................................... 12
(b) Multiple Filings ............................................................................................................. 12
(c) Refiled Action ............................................................................................................... 12
USDC Local Civil Rules – Effective February 2, 2023 CIV-1

3-4. Papers Presented for Filing......................................................................................................... 12
(a) First Page Requirements................................................................................................ 12
(b) Caption for Consolidated Cases .................................................................................... 13
(c) General Requirements ................................................................................................... 13
(d) Citation to Authorities ................................................................................................... 13
(e) Prohibition of Citation to Uncertified Opinion or Order ............................................... 14
3-5. Jurisdictional Statement ............................................................................................................. 14
(a) Jurisdiction .................................................................................................................... 14
(b) Divisional Assignment .................................................................................................. 14
3-6. Jury Demand............................................................................................................................... 14
(a) Included in Pleading ...................................................................................................... 14
(b) Marking of Civil Cover Sheet Insufficient .................................................................... 14
3-7. Filing and Certification in Private Securities Actions ................................................................ 15
(a) Civil Cover Sheet Notation Requirement ...................................................................... 15
(b) Certification by Filing Party Seeking to Serve as Lead Plaintiff .................................. 15
(c) Certification by Nonfiling Party Seeking to Serve as Lead Plaintiff. ........................... 15
(d) Certification by Lawyers Seeking to Serve as Class Counsel. ...................................... 15
3-8. Claim of Unconstitutionality ...................................................................................................... 16
(a) Federal Statute ............................................................................................................... 16
(b) State Statute ................................................................................................................... 16
3-9. Parties ......................................................................................................................................... 16
(a) Natural Person Appearing Pro Se .................................................................................. 16
(b) Corporation or Other Entity. ......................................................................................... 16
(c) Government or Governmental Agency ......................................................................... 16
3-10. Ex Parte Motion to Proceed In Forma Pauperis ......................................................................... 17
(a) Motion to Proceed In Forma Pauperis ........................................................................... 17
(b) Content of Motion ......................................................................................................... 17
(c) Determination of the Motion ......................................................................................... 17
3-11. Failure to Notify of Address Change.......................................................................................... 17
(a) Duty to Notify ............................................................................................................... 17
(b) Dismissal Due to Failure ............................................................................................... 17
3-12. Related Cases ............................................................................................................................. 17
(a) Definition of Related Cases........................................................................................... 17
(b) Administrative Motion to Consider Whether Cases Should be Related ....................... 17
(c) Sua Sponte Judicial Referral for Purpose of Determining Relationship ....................... 18
(d) Content of Motion ......................................................................................................... 18
(e) Response to Motion ....................................................................................................... 18
(f) Order Granting or Denying Relationship ...................................................................... 18
(g) Effect of Order on Case Schedule ................................................................................. 18
(h) Relating Actions for Review on an Administrative Record. ......................................... 19
3-13. Notice of Pendency of Other Action or Proceeding ................................................................... 19
(a) Notice. ........................................................................................................................... 19
(b) Content of Notice .......................................................................................................... 19
(c) Procedure After Filing ................................................................................................... 19
(d) Order.............................................................................................................................. 19

3-14. Disqualification of Assigned Judge ............................................................................................ 20
3-15. Disclosure of Conflicts and Interested Entities or Persons......................................................... 20
(a) Requirements................................................................................................................. 20
(b) Contents......................................................................................................................... 20
(c) Form of Certification ..................................................................................................... 20
4. PROCESS: ISSUANCE AND SERVICE ............................................................................................... 22
4-1. Limitation on Service by Marshal .............................................................................................. 22
4-2. Service of Supplementary Material ............................................................................................ 22
5. SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS .................................................... 23
5-1. Electronic Case Filing ................................................................................................................ 23
(a) Electronic Filing, Signing, or Verification. ................................................................... 23
(b) Cases and Parties Subject to Electronic Filing. ............................................................. 23
(c) Registration, Appearance and Access ........................................................................... 23
(d) Filing and Service of Pleadings ..................................................................................... 24
(e) Manual Filing ................................................................................................................ 25
(f) Proposed Orders ............................................................................................................ 25
(g) Service of Electronically Filed Documents ................................................................... 25
(h) Signatures ...................................................................................................................... 26
(i) Sanctions for Non-Compliance ..................................................................................... 26
5-2. Manual Filing [Withdrawn]........................................................................................................ 26
5-3. Facsimile Filings ........................................................................................................................ 26
(a) Method of Filing............................................................................................................ 26
(b) Procedures ..................................................................................................................... 27
(c) Disposition of the Original Document .......................................................................... 27
5-4. Drop Box Filings ........................................................................................................................ 27
(a) Documents Which May Be Filed .................................................................................. 27
(b) Drop Box Locations and Availability ........................................................................... 27
(c) Filing Date of Drop Box Documents ............................................................................ 27
5-5. Certificate of Service .................................................................................................................. 28
(a) Form .............................................................................................................................. 28
(b) Sanction for Failure to Provide Certificate.................................................................... 28
6. TIME ....................................................................................................................................................... 29
6-1. Enlarging or Shortening Time .................................................................................................... 29
(a) When Stipulation Permissible Without Court Order ..................................................... 29
(b) When Court Order Necessary to Change Time ............................................................. 29
6-2. Stipulated Request for Order Changing Time ............................................................................ 29
(a) Form and Content .......................................................................................................... 29
(b) Action by the Court ....................................................................................................... 29
6-3. Motion to Change Time ............................................................................................................. 29
(a) Form and Content .......................................................................................................... 29
(b) Opposition to Motion to Change Time.......................................................................... 30
(c) Delivery of Manually Filed Documents to Other Parties .............................................. 30
(d) Action by the Court ....................................................................................................... 30

7. MOTION PRACTICE ............................................................................................................................. 31
7-1. Motions....................................................................................................................................... 31
(a) Types of Motions .......................................................................................................... 31
(b) To Whom Motions Made .............................................................................................. 31
(c) Unassigned Case or Judge Unavailable......................................................................... 31
7-2. Notice and Supporting Papers .................................................................................................... 31
(a) Time .............................................................................................................................. 31
(b) Form .............................................................................................................................. 31
(c) Proposed Order .............................................................................................................. 31
(d) Affidavits or Declarations ............................................................................................. 31
7-3. Opposition; Reply; Supplementary Material .............................................................................. 32
(a) Opposition ..................................................................................................................... 32
(b) Statement of Nonopposition .......................................................................................... 32
(c) Reply ............................................................................................................................. 32
(d) Supplementary Material ................................................................................................ 32
7-4. Brief or Memorandum of Points and Authorities ....................................................................... 32
(a) Content .......................................................................................................................... 32
(b) Length............................................................................................................................ 33
7-5. Affidavit or Declaration ............................................................................................................. 33
(a) Affidavit or Declaration Required................................................................................. 33
(b) Form .............................................................................................................................. 33
7-6. Oral Testimony Concerning Motion .......................................................................................... 33
7-7. Continuance of Hearing or Withdrawal of Motion .................................................................... 33
(a) Before Opposition is Filed ............................................................................................ 33
(b) After Opposition is Filed ............................................................................................... 33
(c) Keeping Track of Hearing Dates ................................................................................... 33
(d) Effect on Time for Filing Opposition or Reply ............................................................. 33
(e) Withdrawal. ................................................................................................................... 34
7-8. Motions for Sanctions — Form and Timing .............................................................................. 34
7-9. Motion for Reconsideration........................................................................................................ 34
(a) Leave of Court Requirement ......................................................................................... 34
(b) Form and Content of Motion for Leave ........................................................................ 34
(c) Prohibition Against Repetition of Argument ................................................................ 34
(d) Determination of Motion ............................................................................................... 35
7-10. Ex Parte Motions ........................................................................................................................ 35
7-11. Motion for Administrative Relief ............................................................................................... 35
(a) Form and Content of Motions ....................................................................................... 35
(b) Opposition to or Support for Motion for Administrative Relief ................................... 35
(c) Action by the Court ....................................................................................................... 35

7-12. Stipulations ................................................................................................................................. 35
7-13. Notice Regarding Submitted Matters ......................................................................................... 35
7-14. Designation Not for Citation ...................................................................................................... 36
10. FORM OF PAPERS ................................................................................................................................ 37
10-1. Amended Pleadings .................................................................................................................... 37
11. Attorneys ................................................................................................................................................. 38
11-1. The Bar of this Court .................................................................................................................. 38
11-2. Counsel for the United States ..................................................................................................... 39
11-3. Pro Hac Vice .............................................................................................................................. 39
11-4. Standards of Professional Conduct............................................................................................. 40
11-5. Withdrawal from Case................................................................................................................ 41
11-6. Discipline ................................................................................................................................... 41
(a) General .......................................................................................................................... 41
(b) “Attorney” Defined ....................................................................................................... 42
(c) Standing Committee on Professional Conduct .............................................................. 42
(d) Professional Conduct Liaison Judge. ............................................................................ 42
(e) Matters Referred To The Standing Committee ............................................................. 42
(f) Costs .............................................................................................................................. 44
11-7. Reciprocal Discipline and Discipline Following Felony Conviction ......................................... 44
(a) Required Notice of Change in Status ............................................................................ 44
(b) Order to Show Cause..................................................................................................... 44
11-8. Sanctions for Unauthorized Practice .......................................................................................... 45
11-9. Student Practice .......................................................................................................................... 45
(a) Permission to Appear .................................................................................................... 45
(b) Permitted Activities ....................................................................................................... 45
(c) Requirements for Eligibility .......................................................................................... 45
16. CASE MANAGEMENT AND PRETRIAL CONFERENCES .............................................................. 47
16-1. Definitions .................................................................................................................................. 47
16-2. Order Setting Initial Case Management Conference .................................................................. 47
(a) Issuance and Service of Order ....................................................................................... 47
(b) Case Management Schedule in Removed Cases ........................................................... 47
(c) Case Management Schedule in Transferred Cases ........................................................ 47
(d) Relief from Case Management Schedule ...................................................................... 47
(e) Limitation on Stipulations ............................................................................................. 47
16-3. Lead Trial Counsel Required to Confer ..................................................................................... 48
16-4. Procedure in Bankruptcy Appeals .............................................................................................. 48
16-5. Procedure in Actions for Review on an Administrative Record ................................................ 48
16-6. Procedure in U.S. Debt Collection Cases ................................................................................... 48
(a) Identification ................................................................................................................. 48
(b) Assignment .................................................................................................................... 48
(c) Collection Proceedings .................................................................................................. 48
16-7. Procedure in Other Exempt Cases .............................................................................................. 48
16-8. Alternative Dispute Resolution (ADR) in the Northern District ................................................ 48
(a) District Policy Regarding ADR ..................................................................................... 48
(b) ADR Certification ......................................................................................................... 49
(c) Stipulation to ADR Process. .......................................................................................... 49
(d) Selection at Case Management Conference. ................................................................. 49

(e) ADR Phone Conference ................................................................................................ 50
16-9. Case Management Statement and Proposed Order..................................................................... 50
(a) Joint or Separate Case Management Statement............................................................. 50
(b) Case Management Statement in Class Action ............................................................... 50
16-10. Case Management Conference ...................................................................................... 51
(a) Initial Case Management Conference ........................................................................... 51
(b) Case Management Orders ............................................................................................. 51
(c) Subsequent Case Management Conferences ................................................................. 52
(d) Subsequent Case Management Statements ................................................................... 52
23. CLASS ACTIONS .................................................................................................................................. 53
23-1. Private Securities Actions .......................................................................................................... 53
(a) Filing and Serving Required Notices ............................................................................ 53
(b) Motion to Serve as Lead Plaintiff.................................................................................. 53
26. GENERAL PROVISIONS GOVERNING DISCOVERY ..................................................................... 54
26-1. Custodian of Discovery Documents ........................................................................................... 54
30. DEPOSITIONS ....................................................................................................................................... 55
30-1. Required Consultation Regarding Scheduling ........................................................................... 55
30-2. Numbering of Deposition Pages and Exhibits............................................................................ 55
(a) Sequential Numbering of Pages .................................................................................... 55
(b) Sequential Numbering of Exhibits ................................................................................ 55
33. INTERROGATORIES ............................................................................................................................ 56
33-1. Form of Answers and Objections ............................................................................................... 56
33-2. Demands that a Party Set Forth the Basis for a Denial of a Requested Admission ................... 56
33-3. Motions for Leave to Propound More Interrogatories Than Permitted by Fed. R. Civ. P. 33 ... 56
34. PRODUCTION OF DOCUMENTS AND THINGS .............................................................................. 57
34-1. Form of Responses to Requests for Production ......................................................................... 57
36. REQUESTS FOR ADMISSION ............................................................................................................. 58
36-1. Form of Responses to Requests for Admission.......................................................................... 58
36-2. Demands that a Party Set Forth the Basis for a Denial of a Requested Admission ................... 58
37. MOTIONS TO COMPEL DISCLOSURE OR DISCOVERY OR FOR SANCTIONS ........................ 59
37-1. Procedures for Resolving Disputes ............................................................................................ 59
(a) Conference Between Counsel Required ........................................................................ 59
(b) Requests for Intervention During a Discovery Event.................................................... 59
37-2. Form of Motions to Compel ....................................................................................................... 59
37-3. Discovery Cut-Off; Deadline to File Discovery Motions .......................................................... 59
37-4. Motions for Sanctions under Fed. R. Civ. P. 37 ......................................................................... 60
40. TRIAL ..................................................................................................................................................... 61
40-1. Continuance of Trial Date; Sanctions for Failure to Proceed ..................................................... 61
54. COSTS..................................................................................................................................................... 62
54-1. Filing of Bill of Costs ................................................................................................................. 62
(a) Time for Filing and Content .......................................................................................... 62
(b) Effect of Service ............................................................................................................ 62
(c) Waiver of Costs ............................................................................................................. 62

54-2. Objections to Bill of Costs ......................................................................................................... 62
(a) Time for Filing Objections ............................................................................................ 62
(b) Meet and Confer Requirement ...................................................................................... 62
54-3. Standards for Taxing Costs ........................................................................................................ 62
(a) Fees for Filing and Service of Process .......................................................................... 62
(b) Reporters’ Transcripts ................................................................................................... 62
(c) Depositions .................................................................................................................... 62
(d) Reproduction and Exemplification ................................................................................ 63
(e) Witness Expenses .......................................................................................................... 63
(f) Fees for Masters and Receivers ..................................................................................... 63
(g) Costs on Appeal ............................................................................................................ 63
(h) Costs of Bonds and Security ......................................................................................... 63
54-4. Determination of Taxable Costs ................................................................................................. 63
(a) Supplemental Documentation ....................................................................................... 63
(b) Taxation of Costs .......................................................................................................... 63
54-5. Motion for Attorney’s Fees ........................................................................................................ 63
(a) Time for Filing Motion.................................................................................................. 63
(b) Form of Motion ............................................................................................................. 64
56. SUMMARY JUDGMENT ...................................................................................................................... 65
56-1. Notice of Motion ........................................................................................................................ 65
56-2. Separate or Joint Statement of Undisputed Facts ....................................................................... 65
(a) No Separate Statement Allowed Without Court Order ................................................. 65
(b) Procedure if Joint Statement Ordered ........................................................................... 65
56-3. Issues Deemed Established ........................................................................................................ 65
65. INJUNCTIONS ....................................................................................................................................... 66
65-1. Temporary Restraining Orders ................................................................................................... 66
(a) Documentation Required............................................................................................... 66
(b) [Withdrawn] .................................................................................................................. 66
(c) Form of Temporary Restraining Order ......................................................................... 66
(d) Notification to Clerk...................................................................................................... 66
65-2. Motion for Preliminary Injunction ............................................................................................. 66
65.1 SECURITY .............................................................................................................................................. 67
65.1-1. Security.......................................................................................................................... 67
(a) When Required.............................................................................................................. 67
(b) Qualifications of Surety................................................................................................. 67
(c) Court Officer as Surety.................................................................................................. 67
(d) Examination of Surety ................................................................................................... 67
66. PREJUDGMENT REMEDIES ............................................................................................................... 68
66-1. Appointment of Receiver ........................................................................................................... 68
(a) Time for Motion ............................................................................................................ 68
(b) Temporary Receiver ...................................................................................................... 68
(c) Permanent Receiver....................................................................................................... 68
(d) Parties to be Notified ..................................................................................................... 68
(e) Bond .............................................................................................................................. 68

66-2. Employment of Attorneys, Accountants or Investigators .......................................................... 68
66-3. Motion for Fees .......................................................................................................................... 68
66-4. Deposit of Funds ........................................................................................................................ 68
66-5. Reports ....................................................................................................................................... 68
66-6. Notice of Hearings...................................................................................................................... 68
72. MAGISTRATE JUDGES; PRETRIAL ORDERS.................................................................................. 70
72-1. Powers of Magistrate Judge ....................................................................................................... 70
72-2. Motion for Relief from Nondispositive Pretrial Order of Magistrate Judge .............................. 70
72-3. Motion for De Novo Determination of Dispositive Matter Referred to Magistrate Judge ........ 70
(a) Form of Motion and Response ...................................................................................... 70
(b) Associated Administrative Motions .............................................................................. 70
(c) Record before District Judge ......................................................................................... 70
73. MAGISTRATE JUDGES; TRIAL BY CONSENT ................................................................................ 72
73-1. Time for Consent to Magistrate Judge ....................................................................................... 72
(a) Cases Initially Assigned to a Magistrate Judge ............................................................. 72
(b) Cases Initially Assigned to a District Judge .................................................................. 72
77. DISTRICT COURT AND CLERK ......................................................................................................... 73
77-1. Locations and Hours................................................................................................................... 73
(a) Locations ....................................................................................................................... 73
(b) Hours ............................................................................................................................. 73
77-2. Orders Grantable by Clerk ......................................................................................................... 73
77-3. Photography and Public Broadcasting........................................................................................ 73
77-4. Official Notices .......................................................................................................................... 74
(a) Bulletin Board ............................................................................................................... 74
(b) Website .......................................................................................................................... 74
(c) Newspapers ................................................................................................................... 74
77-5. Security of the Court .................................................................................................................. 74
77-6. Weapons in the Courthouse and Courtroom .............................................................................. 74
(a) Prohibition on Unauthorized Weapons ......................................................................... 74
(b) Use of Weapons as Evidence ........................................................................................ 74
77-7. Court Library .............................................................................................................................. 74
77-8. Complaints Against Judges ........................................................................................................ 75
79. BOOKS AND RECORDS KEPT BY THE CLERK .............................................................................. 76
79-1. Transcript and Designation of Record on Appeal ...................................................................... 76
79-2. Exclusions from Record on Appeal............................................................................................ 76
79-3. Files; Custody and Withdrawal .................................................................................................. 76
79-4. Custody and Disposition of Exhibits and Transcripts ................................................................ 76
(a) Custody of Exhibits During Trial or Evidentiary Hearing ............................................ 76
(b) Removal of Exhibits Upon Conclusion of Proceeding.................................................. 76
(c) Disposition of Unclaimed Exhibits ............................................................................... 77
79-5. Filing Documents Under Seal in Civil Cases ............................................................................. 77
83. AMENDMENT OF THE LOCAL RULES ............................................................................................ 80
83-1. Method of Amendment .............................................................................................................. 80
83-2. Procedure for Public Comment on Local Rules ......................................................................... 80
(a) Public Submissions ....................................................................................................... 80
(b) Publication..................................................................................................................... 80

CIVIL LOCAL RULES
1. TITLE; SCOPE; DEFINITIONS

1-1. Title
These are the Local Rules of Practice in Civil Proceedings before the United States District
Court for the Northern District of California. They should be cited as “Civil L.R.___”
1-2. Scope, Purpose and Construction
(a) Scope. These local rules are promulgated pursuant to 28 U.S.C. § 2071 and Fed. R.
Civ. P. 83. They apply to civil actions filed in this Court. The Court also has
promulgated separate local rules in the following subject areas:
(1) Admiralty and Maritime;
(2) Alternative Dispute Resolution;
(3) Bankruptcy;
(4) Criminal Proceedings;
(5) Habeas Corpus Petitions; and
(6) Patent.
(b) Supplement to Federal Rules. These local rules supplement the applicable Federal
Rules. They shall be construed so as to be consistent with the Federal Rules and to
promote the just, efficient, speedy, and economical determination of every action and
proceeding.
(c) Temporary Suspension of Local Rules. Any of these Local Rules may be
temporarily suspended for good cause by General Order or by Order of the Chief
Judge.
1-3. Effective Date

These rules take effect on November 1, 2021. They govern civil cases filed on or after that
date. For actions pending on November 1, 2021, if fewer than ten days remain to perform an
act otherwise governed by these rules, the provisions of the local rules that were in effect on
October 31, 2021, shall apply to that act.
1-4. Sanctions and Penalties for Noncompliance
Failure by counsel or a party to comply with any duly promulgated local rule or any Federal
Rule may be a ground for imposition of any authorized sanction.
1-5. Definitions
(a) Clerk. “Clerk” refers to the Clerk or a Deputy Clerk of the Court.
(b) Court. Except where the context otherwise requires, the word “Court” refers to the
United States District Court for the Northern District of California and to a Judge
acting on behalf of that Court with respect to a matter within the Court’s jurisdiction.
(c) Day. For computation of time under these local rules, “day” shall have the meaning
given in Fed. R. Civ. P. 6(a).
(d) Ex parte. “Without other party.” Ex parte means contact with the Court without the
advance knowledge or contemporaneous participation of all other parties.

(e) File. “File” means delivery to and acceptance by the Clerk of a document, including an
electronic document, which is approved for filing and which will be included in the
official files of the Court and noted in the docket of the case.
(f) Fed. R. Civ. P. “Fed. R. Civ. P.” means the Federal Rules of Civil Procedure.
(g) Fed. R. Crim. P. “Fed. R. Crim. P.” means the Federal Rules of Criminal Procedure.
(h) Fed. R. App. P. “Fed. R. App. P.” means the Federal Rules of Appellate Procedure.
(i) Federal Rule. “Federal Rule” means any applicable Federal Rule.
(j) General Orders. “General Orders” are made by the Chief Judge or by the Court
relating to Court administration. When the Court deems it appropriate, a General Order
also may be used to promulgate modifications of these local rules. Such General Orders
shall remain in effect until the rules are properly amended.
(k) General Duty Judge. The “General Duty Judge” is the Judge designated by the Chief
Judge to act for the Court in matters for which there is no assigned Judge, or when the
assigned Judge is unavailable. The name of the Judge serving as General Duty Judge
shall be made available by the office of the Clerk.
(l) Judge. Unless the context otherwise indicates, the term “Judge,” or “assigned Judge”
refers to any United States District Judge, any United States Bankruptcy Judge, or to
any full-time or part-time United States Magistrate Judge.
(m) Lodge. When a statute, rule, or order permits a document to be submitted to the Court
but does not permit the document to be “filed” (e.g., proposed trial exhibits or
deposition transcripts), the document may be “lodged” with the Clerk’s office. The
Clerk will stamp the document “Received” and promptly deliver it to the Chambers of
the Judge for whom the document is intended.
(n) Meet and confer. “Meet and confer” or “confer” means to communicate directly and
to discuss in good faith the issue(s) required under the particular Rule or order. Unless
these Local Rules otherwise provide or a Judge otherwise orders, such communication
may take place by telephone. The mere sending of a written, electronic, or voice-mail
communication, however, does not satisfy a requirement to “meet and confer” or to
“confer.” Rather, this requirement can be satisfied only through direct dialogue and
discussion – either in a face to face meeting or in a telephone conversation.
Commentary
See Fed. R. Civ. P. 26(f).
(o) Standing Orders of Individual Judges. “Standing Orders” are orders by a Judge
governing the conduct of a class or category of actions or proceedings assigned to that
Judge. It is the policy of the Court to provide notice of any applicable Standing Orders
to parties before they are subject to sanctions for violating such orders. Nothing in
these local rules precludes a Judge from issuing Standing Orders to govern matters not
covered by these local rules or by the Federal Rules.
(p) Unavailability. This Court is in continuous session. To the extent reasonably feasible,
each active Judge of this Court will be available at his or her assigned courthouse
during the normal hours the Clerk has established pursuant to Civil L.R. 77-1. A Judge
who will be absent from the District for one court day or more shall post a notice to that
effect on the official calendar of the Court. If a Judge is unavailable, any motion or
matter requesting immediate judicial determination shall be referred to the General
Duty Judge. If the General Duty Judge is unavailable, the Clerk shall assign the matter
to any available Judge of this Court.

3. COMMENCEMENT AND ASSIGNMENT OF ACTION
3-1. Regular Session
The Court shall be in continuous session in the following locations: San Francisco Division,
Oakland Division, San Jose Division, and Eureka Division. From time to time sessions may
be held at other locations within the district as the Court may order.
3-2. Commencement and Assignment of Action
(a) Civil Cover Sheet. Every complaint, petition, or other paper initiating a civil action
(except for pro se prisoner complaints and petitions) must be filed with a completed
civil cover sheet on a form approved by the Court.
Cross Reference
See Civil L.R. 3-6(b) “Jury Demand; Marking of Civil Cover Sheet Insufficient;”
Civil L.R. 3-7(a) “Civil Cover Sheet Requirement in Private Securities Actions”
(b) Commencement of Action. An action may be commenced within the meaning of Fed.
R. Civ. P. 3 at any office of the Clerk for this district. In cases that permit or require
manual filing, once an action is commenced, subsequent manual filings may be made
in any division within the district, except that manual filings in matters assigned to the
San Francisco, San Jose, or Oakland divisions may not be filed in the Eureka-
McKinleyville division.
(c) Assignment to a Division. The Clerk shall assign civil actions and proceedings
pursuant to the Court’s Assignment Plan (General Order No. 44). For those case
categories which are not district-wide, the Clerk shall assign the case to the court
division serving the county in which the action arises. A civil action arises in the
county where a substantial part of the events or omissions giving rise to the claim
occurred, or where a substantial part of the property that is the subject of the action is
situated.
(d) San Francisco and Oakland. Except as provided in Civil L.R. 3-2(c), all civil actions
that arise in the counties of Alameda, Contra Costa, Marin, Napa, San Francisco, San
Mateo or Sonoma shall be assigned to the San Francisco Division or the Oakland
Division.
(e) San Jose. Except as provided in Civil L.R. 3-2(c), all civil actions that arise in the
counties of Santa Clara, Santa Cruz, San Benito or Monterey shall be assigned to the
San Jose Division.
(f) Eureka. Except as provided in Civil L.R. 3-2(c), all civil actions that arise in the
counties of Del Norte, Humboldt, Lake, and Mendocino, except for cases not assigned
to the Magistrate Judges pursuant to the Court’s Assignment Plan, shall be assigned to
the Eureka Division.
Cross Reference
See General Order No. 44, Assignment Plan.
(g) Assignment of Action to the Eureka Division. All cases assigned to the Eureka
Division shall be assigned to the full-time Magistrate Judge presiding in that division.
Such assignments are subject to the provisions of Civil L.R. 73 and require the consent
of the parties. Any case for which all parties do not consent will be reassigned to a
District Judge in the San Francisco, Oakland, or San Jose division.
(h) Transfer of Actions and Proceedings. Whenever a Judge finds, upon the Judge’s own
motion or the motion of any party, that (1) a civil action has not been assigned to the

proper division within this district in accordance with this rule, or (2) that the
convenience of the parties and witnesses and the interests of justice will be served by
transferring the action to a different division within the district, the Judge may order
such transfer, subject to the provisions of the Court’s Assignment Plan.
3-3. Assignment 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
Judge pursuant to the Assignment Plan of the Court (General Order No. 44).
The Clerk may not make or change any assignment, except as provided in these
local rules or in the Assignment Plan .
(b) Multiple Filings. Any single action filed in more than one division of this Court
shall be transferred pursuant to Civil L.R. 3-2(h).
(c) Refiled Action. If any civil action or claim of a civil action is dismissed and
subsequently refiled, the refiling party must file a Motion to Consider Whether
Cases Should be Related pursuant to Civil L.R. 3-12. Upon a determination by a
Judge that an action or claim pending before him or her is covered by this Local
Rule, that Judge may transfer the refiled action to the Judge originally assigned
to the action which had been dismissed. Any party who files an action in
multiple divisions or dismisses an action and subsequently refiles it for the
purpose of obtaining an assignment in contravention of Civil L.R. 3-3(b) shall
be subject to appropriate sanctions.
3-4. Papers 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 of
counsel (or, if pro se, the name, address, telephone number, and email address of
the party) presenting the paper for filing. This information must appear in the
upper left hand corner and must indicate the party represented by name as well as
that party’s status in the litigation (i.e., plaintiff, defendant, etc.). In multiparty
actions or proceedings, reference may be made to the signature page for the
complete list of parties represented;
Cross Reference
See Civil L.R. 3-9 “Parties”; Civil L. R. 3-11 "Failure to Notify of Address Change;”
and Civil L.R. 11-3(e) “Appearances and Service on Local Co-Counsel.
(2) If not proceeding pro se and if proceeding pro hac vice in conformity with Civil
L.R. 11-3, following the information required in Civil L.R. 3-4(a)(1), the name,
address, telephone and state bar number of the member of the bar of the Court
who maintains an office within the State of California; and
(3) Commencing on the eighth line of the page (except where additional space is
required for counsel identification) there must appear:
(A) The title of this Court, including the appropriate division or location;
(B) The title of the action;
(C) The case number of the action followed by the initials of the assigned
District Judge or Magistrate Judge and, if applicable, the initials of the

Magistrate Judge to whom the action is referred for discovery or other
pretrial activity;
(D) A title describing the paper; and
(E) Any other matter required by Civil L.R. 3.
(4) Any complaint or Notice of Removal of Action seeking review of federal agency
determinations in immigration cases, Privacy Act cases, or Administrative
Procedure Act cases must include, under the title of the document, whichever of
the following is applicable: “Immigration Case,” “Privacy Act Case,” or
“Administrative Procedure Act Case.”
(5) Presentation of Class Action. If any complaint, counterclaim or cross-claim is
sought to be maintained as a class action, it must bear the legend “Class Action”
on its first page below the title describing the paper as a complaint, counterclaim
or cross-claim.
(b) Caption for Consolidated Cases. When filing papers in cases consolidated pursuant to
Fed. R. Civ. P. 42, the caption of each paper must denote the lead case number above
all consolidated case numbers. Duplicate originals, however, are not required for
associated cases.
(c) General Requirements
(1) Paper. Papers presented for manual filing must be on 8½ inch by 11 inch white
paper with numbered lines, and must be flat, unfolded (unless necessary for the
presentation of exhibits), without back or cover, and firmly bound.
(2) Written Text. Text must appear on one side only and must be double-spaced
with no more than 28 lines per page, except for the identification of counsel, title
of the case, footnotes, and quotations. Unless a Judge’s standing order or other
instruction from the court requires otherwise, text, including footnotes and
quotations, must be:
(A) in a standard, proportionally spaced font (e.g., Times New Roman or
Century Schoolbook);
(B) in 12 point type or larger; and
(C) spaced no more than 10 characters per horizontal inch.
(3) Identification of Paper. Except for exhibits, each paper filed with the Court
must bear a footer on the lower margin of each page stating the title of the paper
(e.g., “Complaint,” “Defendant’s Motion for Summary Judgment,” etc.) or some
clear and concise abbreviation. Once the Court assigns a case number to the
action, that case number must be included in the footer.
Commentary
When a case is first filed, the footer on each page of the complaint need only bear the title
of the paper (e.g., “Complaint”), but after assignment of a case number on filing, that
number must be included in footers on any subsequently prepared papers (e.g.,
“Defendant’s Motion for Summary Judgment – 21-cv-12345-ABC.”)
(d) Citation to Authorities. Unless otherwise directed by the assigned Judge, citation to
authorities in any paper must include:
(1) In any citation to an Act of Congress, a parallel citation to the United States Code
by title, section and date;

(2) In any citation to U.S. regulations, a citation to the Code of Federal Regulations
by title and section, and the date of promulgation of the regulation;
(3) In any citation to a U.S. Supreme Court Case, a citation to United States Reports,
Lawyers’ Edition, or Supreme Court Reporter. If the case is not yet available in
any of those formats but is available on electronic databases, citation must
indicate the database, year, and any screen or page numbers, if assigned;
(4) In any citation to other federal courts, unless an alternate reporting service is
widely available, a citation to the Federal Reporter, Federal Supplement, or
Federal Rules Decisions must be used. If the case is not yet available in those
formats but is available on electronic databases, citation must indicate the
database, year, and any screen or page numbers, if assigned; and
(5) In any citation to a state court, citations must include either the official reports or
any official regional reporting service (e.g., West Publishing). If the case is not
yet available in those formats but is available on electronic databases, citation
must indicate the database, year, and any screen or page numbers, if assigned.
(e) Prohibition of Citation to Uncertified Opinion or Order. Any order or opinion that
is designated: “NOT FOR CITATION,” pursuant to Civil L.R. 7-14 or pursuant to a
similar rule of any other issuing court, may not be cited to this Court, either in written
submissions or oral argument, except when relevant under the doctrines of law of the
case, res judicata, or collateral estoppel.
Cross Reference
See Civil L.R. 7-14 “Designation ‘Not For Citation’.” See also Ninth Circuit Court of
Appeals Rule 36-3.
3-5. Jurisdictional Statement

(a) Jurisdiction. Each complaint, petition, counterclaim, and cross-claim must include a
separate paragraph entitled “Jurisdiction.” The paragraph will identify the statutory or
other basis for federal jurisdiction and the facts supporting such jurisdiction.
(b) Divisional Assignment. Each complaint or petition must include a paragraph entitled
“Divisional Assignment.” The paragraph must identify any basis for assignment to a
particular location or division of the Court pursuant to Civil L.R. 3-2(c).
3-6. Jury Demand
(a) Included in Pleading. A party may demand a jury trial as provided in Fed. R. Civ. P.
38(b). When a demand for jury trial is included in a pleading, the demand must be set
forth at the end of the pleading. When the demand is made by a party who is
represented by counsel, the pleading must be signed by the attorney for the party
making the demand. In the caption of such pleading, immediately following the title of
the pleading, the following must appear: “DEMAND FOR JURY TRIAL.”
(b) Marking of Civil Cover Sheet Insufficient. Marking the civil cover sheet to indicate a
demand for jury trial is not a sufficient demand to comply with this Local Rule.
Commentary
See Wall v. Nat’l R.R. Passenger Corp., 718 F.2d 906, 909 (9th Cir. 1983) (holding that
“checking the jury demand box on the civil cover sheet is insufficient to meet the
requirements of rule 38(b)”).

3-7. Filing and Certification in Private Securities Actions
(a) Civil Cover Sheet Notation Requirement. If a complaint or other pleading contains a
claim governed by the Private Securities Litigation Reform Act of 1995, Pub. L. No.
104-67, 109 Stat. 737 (1995), the following must be so noted in Block VI of the civil
cover sheet: “Private Securities Litigation Reform Act.”
Cross Reference
See Civil L.R. 23-1 “Private Securities Actions.”
(b) Certification by Filing Party Seeking to Serve as Lead Plaintiff. Any person or
group of persons filing a complaint and seeking to serve as lead plaintiff in a civil
action containing a claim governed by the Private Securities Litigation Reform Act of
1995, Pub. L. No. 104-67, 109 Stat. 737 (1995), must serve and file with the initial
pleading a certificate under penalty of perjury which contains the following averments:
(1) The party has reviewed the complaint and authorized its filing;
(2) The party did not engage in transactions in the securities which are the subject of
the action at the direction of plaintiff’s counsel or in order to participate in this or
any other litigation under the securities laws of the United States;
(3) The party is willing to serve as a representative party on behalf of a class,
including providing testimony at deposition and trial, if necessary;
(4) The party has made no transactions during the class period in the debt or equity
securities that are the subject of the action except those set forth in the certificate
(as used herein, “equity security” shall have the same meaning as that term has
for purposes of section 16(a) of the Securities Exchange Act of 1934, 15 U.S.C. §
78p(a));
(5) The party has not, within the three years preceding the date of the certification,
sought to serve or served as a representative party on behalf of a class in an
action involving alleged violations of the federal securities laws, except as set
forth in the certificate; and
(6) The party will not accept any payment for serving as representative on behalf of a
class beyond the party’s pro rata share of any recovery, unless ordered or
approved by the Court pursuant to section 27(a)(4) of the Securities Act, 15
U.S.C. § 77z-1(a)(4), or section 21D(a)(4) of the Securities Exchange Act, 15
U.S.C. § 78u-4(a)(4).
(c) Certification by Nonfiling Party Seeking to Serve as Lead Plaintiff. Any party
seeking to serve as lead plaintiff, but who does not also file a complaint, need not file
the certification required in Civil L.R. 3-7(b), but must at the time of initial appearance
state that the party has reviewed a complaint filed in the action and either:
(1) Adopts its allegations or, if not,
(2) Specifies the allegations the party intends to assert.
(d) Certification by Lawyers Seeking to Serve as Class Counsel. Each lawyer seeking to
serve as class counsel in any civil action containing a cause of action governed by the
Private Securities Litigation Reform Act of 1995, Pub. L. No. 104-67, 109 Stat. 737
(1995), must serve and file a certificate under penalty of perjury which either:
(1) Affirms that the lawyer does not directly own or otherwise have a beneficial
interest in securities that are the subject of the action; or

(2) Sets forth with specificity the extent of any such ownership or interest and
explains why that ownership or interest does not constitute a conflict of interest
sufficient to disqualify the attorney from representing the class.
Cross Reference
See also Civil L.R. 23 “Class Actions.”
3-8. Claim 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 thereof is
a party, counsel raising the question must file a notice of such claim with the assigned
Judge (or, if no assignment has been made, the Chief Judge) and serve a copy of such
notice on the United States Attorney for this district. The notice must identify the
statute and describe the basis for the claim that it is unconstitutional. The party must
file the notice with a certificate of service pursuant to Civil L.R. 5-5.
(b) State Statute. In any action in which the constitutionality of a state statute is
questioned and neither the state nor an agency, officer or employee of the state is a
party, counsel raising the question must file notice of such claim with the assigned
Judge (or, if no assignment has been made, the Chief Judge) and serve a copy of such
notice on the State Attorney General. The notice must identify the statute and describe
the basis for the claim that it is unconstitutional. The party must file the notice with a
certificate of service pursuant to Civil L.R. 5-5.
Cross Reference
See 28 U.S.C. § 2403.
3-9. Parties
(a) Natural Person Appearing Pro Se. Any party representing him or herself without an
attorney must appear personally and may not delegate that duty to any other person
who is not a member of the bar of this Court. A person representing him or herself
without an attorney is bound by the Federal Rules, as well as by all applicable local
rules. Sanctions (including default or dismissal) may be imposed for failure to comply
with local rules.
Cross Reference
See Civil L.R. 11-1 “The Bar of this Court.”
(b) Corporation or Other Entity. A corporation, unincorporated association, partnership
or other such entity may appear only through a member of the bar of this Court.
Cross Reference
See Civil L.R. 11-1 “The Bar of this Court.”
(c) Government or Governmental Agency. When these rules require an act be done
personally by the party, and the party is a government or a governmental agency, the
act must be done by a representative of the government or governmental agency who is
knowledgeable about the facts of the case and the position of the government, and who
has, to the greatest extent feasible, authority to do the required act.
Cross Reference
See Civil L.R. 11-2 “Attorneys for the United States.”
See also ADR L.R. 5-10(a)(2) and 6-9(a)(2).

3-10. Ex 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 without
payment of fees or security, pursuant to 28 U.S.C. § 1915, must submit, with the
proposed complaint, an Ex Parte Motion to Proceed In Forma Pauperis, pursuant to
Civil L.R. 7-11. The Clerk shall file the complaint, assign a case number, and assign a
presiding Judge.
(b) Content of Motion. The motion must contain:
(1) A request to proceed in forma pauperis;
(2) An affidavit or declaration under penalty of perjury providing the information
required by Title 28 U.S.C. § 1915, on a form available at the Office of the Clerk
and on the Court’s website, or an equivalent form; and
(3) A proposed order.
(c) Determination of the Motion. The Judge may grant the motion, grant the motion
(subject to partial payment of fees, costs or security), or deny the motion. If the motion
is granted in part or denied, the order will state that the action is dismissed unless any
outstanding fees, costs, or security is paid within the time set in the order.
Commentary
If, during the pendency of an action, any person wishes to prosecute or defend an action
in forma pauperis, the person must file an Administrative Motion to Proceed In Forma
Pauperis pursuant to Civil L.R. 7-11.
3-11. Failure 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 opposing
parties a Notice of Change of Address specifying the new address.
(b) Dismissal Due to Failure. The Court may, without prejudice, dismiss a complaint or
strike an answer when:
(1) Mail directed to the attorney or pro se party by the Court has been returned to the
Court as not deliverable; and
(2) The Court fails to receive within 60 days of this return a written communication
from the attorney or pro se party indicating a current address.
3-12. Related 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 that there will be an unduly burdensome duplication of labor and
expense or conflicting results if the cases are conducted before different Judges.
(b) Administrative Motion to Consider Whether Cases Should be Related. Whenever a

party knows or learns that an action, filed in or removed to this district is (or the party
believes that the action may be) related to an action which is or was pending in this
District as defined in Civil L.R. 3-12(a), the party must promptly file in the lowest-
numbered case an Administrative Motion to Consider Whether Cases Should be
Related, pursuant to Civil L.R. 7-11. In addition to complying with Civil L.R. 7-11, a

copy of the motion, together with proof of service pursuant to Civil L.R. 5-5, must be
served on all known parties to each apparently related action. A courtesy copy of the
motion must be lodged with the assigned Judge in each apparently related case under
Civil L.R. 5-1(d)(7).
(c) Sua Sponte Judicial Referral for Purpose of Determining Relationship. Whenever
a Judge believes that a case pending before that Judge is related to another case, the
Judge may refer the case to the Judge assigned to the lowest-numbered case with a
request that the Judge assigned to the lowest-numbered case consider whether the cases
are related. The referring Judge shall file and send a copy of the referral to all parties to
all affected cases. The parties must file any response in opposition to or support of
relating the cases pursuant to Civil L.R. 3-12(e). Alternatively, a Judge may order the
parties to file a motion pursuant to Civil L.R. 3-12(b).
(d) Content of Motion. An Administrative Motion to Consider Whether Cases Should be
Related must contain:
(1) The title and case number of each apparently related case;
(2) A brief statement of the relationship of the actions according to the criteria set
forth in Civil L.R. 3-12(a).
(e) Response to Motion. Any opposition to or support of a Motion to Consider Whether
Cases Should be Related must be filed in the lowest-numbered case pursuant to Civil
L.R. 7-11. The opposition or statement of support must specifically address the issues
in Civil L.R. 3-12(a) and (d) and be served on all parties and lodged with the Chambers
of all Judges identified in the motion. If the motion identifies more than two potentially
related cases, and a party contends that not all of the cases are related, the party must
address whether any of the cases are related to one another.
(f) Order Granting or Denying Relationship. Upon a motion by a party or a referral by
another Judge, after the time for filing support or opposition to the Motion to Consider
Whether Cases Should Be Related has passed, the Judge in this District who is assigned
to the lowest-numbered case will decide if the cases are or are not related and will
notify the Clerk, who, in turn, will notify the parties.
(1) Due to the need for parties and affected Judges to have a speedy determination of
the motion or referral, the Judge assigned to the lowest-numbered case shall act
on the motion or referral within 14 days after the date a response is due. If the
Judge assigned to the lowest-numbered case is not available for that period, the
Clerk or counsel may bring the motion or referral to the General Duty Judge.
(2) If the Judge assigned to the lowest-numbered case decides that the cases are not
related, no change in case assignment will be made. In cases where there are
more than two potentially related cases, the Clerk shall submit the order to the
Judges assigned to the other cases in order of filing with a form of order to decide
within 14 days if the cases are or are not related. If no Judge relates any of the
remaining cases, no change in case assignment will be made.
(3) If any Judge decides that any of the cases are related, pursuant to the Assignment
Plan, the Clerk shall reassign all related higher-numbered cases to that Judge and
shall notify the parties and the affected Judges accordingly.
(g) Effect of Order on Case Schedule. The case management conference in any
reassigned case will be rescheduled by the newly assigned Judge. The parties shall
adjust the dates for the conference, disclosures, and report required by Fed. R. Civ. P.
16 and 26 accordingly. Unless the assigned Judge otherwise orders, upon reassignment,

any deadlines set by the ADR Local Rules remain in effect and any dates for hearing
noticed motions are automatically vacated and must be renoticed by the moving party
before the newly assigned Judge. For cases ordered related after the initial case
management conference, unless the assigned Judge otherwise orders, any deadlines
established in the case management order shall continue to govern, except for the trial
date, which will be rescheduled by the assigned Judge.
(h) Relating Actions for Review on an Administrative Record. Whenever the District
Court remands an action to a federal agency to conduct further administrative
proceedings and, after those proceedings, the plaintiff files an action for District Court
review on the post-remand administrative record, plaintiff must promptly file in the
first action an Administrative Motion to Consider Whether Cases Should be Related,
pursuant to Civ. L.R. 3-12(b).
3-13. Notice 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 matter and all or substantially
all of the same parties as another action which is pending in any other federal or state
court, the party must promptly file with the Court in the action pending before this
Court and serve all opposing parties in the action pending before this Court with a
Notice of Pendency of Other Action or Proceeding. If two representative (e.g., class,
collective, PAGA, etc.) actions involve overlapping claims (i.e., the definitions of
covered individuals overlap and the claims asserted overlap), they fall within the
coverage of this rule.
(b) Content of Notice. A Notice of Pendency of Other Action or Proceeding must contain:
(1) A description of the other action;
(2) A copy of the operative complaint in the other action; and
(3) A brief statement of:
(A) The procedural posture of the other action;
(B) The relationship of the other action to the action or proceeding pending in
this district, and the nature of the overlap of subject matter and/or parties;
and
(C) If the other action is pending in another U.S. District Court, whether
transfer should be effected pursuant to 28 U.S.C. § 1407 (Multi District
Litigation Procedures) or whether other coordination might avoid conflicts,
conserve resources and promote an efficient determination of the action; or
(D) If the other action is pending before any state court, whether proceedings
should be coordinated to avoid conflicts, conserve resources and promote
an efficient determination of the action.
(c) Procedure After Filing. No later than 14 days after service of a Notice of Pendency of
Other Action, any party may file with the Court a statement supporting or opposing the
notice. Such statement will specifically address the issues in Civil L.R. 3-13(b).
(d) Order. After the time for filing support or opposition to the Notice of Pendency of
Other Actions or Proceedings has passed, the Judge assigned to the case pending in this
district may make appropriate orders.

3-14. Disqualification 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 herself and found that
the affidavit is neither legally insufficient nor interposed for delay, the Judge shall refer the
request for disqualification to the Clerk for random assignment to another Judge.
Commentary
Recusal under 28 U.S.C. § 455 is normally undertaken by a Judge sua sponte. However,
counsel may bring the issue to a Judge’s attention by formal motion or raise it informally
at a Case Management Conference or by a letter to the Judge, with a copy to the other
parties in the case. This rule does not preclude a Judge from referring matters arising
under 28 U.S.C. § 455 to the Clerk so that another Judge can determine disqualification.
See also Civil L.R. 3-15.
3-15. Disclosure of Conflicts and Interested Entities or Persons

(a) Requirements. Each non-governmental party must:
(1) file a “Certification of Conflicts and Interested Entities or Persons” with its first
appearance, filing, or other request addressed to the court;
(2) file such Certification as a separate document; and
(3) promptly file a supplemental Certification if any required information changes.
(b) Contents.
(1) The Certification must disclose whether the party is aware of any conflict, financial
or otherwise, that the presiding judge may have with the parties to the litigation.
(2) The Certification must also disclose any persons, associations of persons, firms,
partnerships, corporations (including, but not limited to, parent corporations), or any
other entities, other than the parties themselves, known by the party to have either: (i)
a financial interest of any kind 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.
(3) For purposes of this Rule, the terms “proceeding” and “financial interest” shall have
the meaning assigned by 28 U.S.C. § 455 (d)(1), (3) and (4), respectively.
(c) Form of Certification.
(1) If there is a conflict about which the party is aware, the Certification shall state:
“Pursuant to Civil L.R. 3-15, the undersigned certifies that it is believed that the court
has a conflict with (List names). Signature, Attorney of Record or Pro Se Party.”
(2) If there is an interest to be disclosed, the Certification shall state:
“Pursuant to Civil L.R. 3-15, the undersigned certifies that the following listed
persons, associations of persons, firms, partnerships, corporations (including, but not
limited to, parent corporations), or other entities (i) have a financial interest in the
subject matter in controversy or in a party to the proceeding, or (ii) have a non-
financial interest in that subject matter or in a party that could be substantially
affected by the outcome of this proceeding: (List names and identify their connection
and interest). Signature, Attorney of Record or Pro Se Party.”
(3) If there is no conflict or interest to be disclosed, the Certification shall state:
“Pursuant to Civil L.R. 3-15, the undersigned certifies that as of this date, there is no

conflict or interest (other than the named parties) to report. Signature, Attorney of
Record or Pro Se Party.”

4. PROCESS: ISSUANCE AND SERVICE
4-1. Limitation 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 summons in a civil action
shall not be made by the United States Marshal.
Commentary
28 U.S.C. § 566(c) provides that the United States Marshal shall execute writs, process
and orders issued under the authority of the United States.
4-2. Service 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 Material:
(a) A copy of the Order Setting Initial Case Management Conference and ADR deadlines
issued pursuant to Civil L.R. 16-2(a), (b) or (c);
(b) Any pertinent Standing Orders of the assigned Judge;
(c) A copy of the assigned Judge’s order and instructions for the preparation of a Case
Management Statement or, if none, the Court’s form found at, pursuant to Civil L.R.
16-10; and
(d) Except in cases assigned at the time of filing to a Magistrate Judge, a copy of the form
allowing a party to consent to assignment of the case to a Magistrate Judge.
Commentary
The Clerk will provide the filing party with a copy of the Order Setting Initial Case
Management Conference and ADR Deadlines, the form for Consent to Assignment of the
Case to a Magistrate Judge, the form for preparation of the Case Management Statement,
and any pertinent Standing Orders. The party must make copies of the schedules and
forms for service. The Court’s ADR processes and procedures are described in the
handbook entitled “Dispute Resolution Procedures in the Northern District of California”
available on the Court’s ADR webpage, cand.uscourts.gov/adr. Limited printed copies of
the ADR handbook are available from the Clerk’s Office for parties in cases not subject
to the Court’s Electronic Case Filing (ECF) program under Civil L.R. 5-1(b).

5. SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS
5-1. Electronic 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.
(b) Cases and Parties Subject to Electronic Filing. All cases, except where exempted by
court order, are designated for participation in the Court’s Electronic Case Filing
(“ECF”) system. Documents in sealed cases must be filed according to procedures
established by the Clerk’s Office and published on the Court’s website. Sealed
documents within unsealed cases shall be filed electronically, in compliance with Civil
L.R. 79-5. Pro se parties must file case-initiating documents manually in each new
action brought in the court. After manually filing case-initiating documents, pro se
parties may file subsequent documents in the same case manually, or may register for
ECF and file subsequent documents in the same case electronically. Parties represented
by counsel in a case involving a pro se party must file documents electronically and
serve them manually on the pro se party, unless the pro se party is a registered ECF
user.
Commentary
Procedures and instructions for using the Court’s ECF system consistent with these
policies may be found on the Court’s ECF webpage at cand.uscourts.gov/cases-e-
filing/cm-ecf/. In addition to providing access to filing and retrieval of documents, the
ECF webpage also contains instructions, a user manual, tutorials, an extensive listing of
Frequently Asked Questions (“FAQs”), and information regarding changes in the ECF
system, among other items. The initial point of contact for anyone having trouble filing a
document on the ECF system is the email address or toll-free number posted on the
Court’s ECF webpage.
(c) Registration, Appearance and Access

(1) Attorney’s Obligation to Register. Each attorney of record is obligated to
become an ECF user and obtain a user ID and password for access to the system
upon filing a case in this district or before e-filing a document in an existing
case in this district. Registration shall be on a form prescribed by the Clerk,
which can be found on the ECF webpage at cand.uscourts.gov/cases-e-
filing/cm-ecf/.
(2) Notice of Appearance
(A) A Notice of Appearance must be e-filed whenever counsel joins a case.
(B) If counsel from the same firm replace one another as the representative of a
client, a Notice of Substitution of Counsel must be e-filed.
(C) If a particular counsel ceases to be involved with a case when the party is
still represented by other counsel, a Notice of Change in Counsel must be
e-filed.
(D) The withdrawal of a party’s sole remaining counsel is governed by Civil
L.R. 11-5 and requires an order of the Court.
(E) The replacement of one firm by another as counsel for a party is governed
by Civil L.R. 11-5 and requires an order of the Court.
(3) Obligation to Keep Account Information Current. An ECF user ID and
password is the equivalent of a permanent, individual electronic signature for a
registered attorney. Registered attorneys are required to keep their contact

information current and may update their email address online via the ECF
webpage.
(4) Authorizing Use of User ID and Password by Others. An ECF user may
authorize another person to electronically file a document using the user ID and
password of the ECF user. Nevertheless, the ECF user retains full responsibility
for any document so filed.
(5) Access
(A) Filing. Only the attorney-of-record as described in section (c)(1), a person
authorized by the attorney-of-record as described in section (c)(4), or a pro
se party who has registered for ECF as described in section (b) may
electronically file documents.
(B) Retrieval. Any person may review at the Clerk’s Office all filings,
electronic or paper, that have not been sealed by the Court. Any ECF user
also may access the ECF system and retrieve electronically filed
documents that are not sealed, with the following exception:
(i) Exception. Only counsel for a party, or a pro se party who is an ECF
user, may access the ECF system and retrieve any electronically filed
document in a Social Security appeal or certain immigration cases
pursuant to Fed. R. Civ. P. 5.2(c). Any other ECF user may access
and retrieve electronically only the docket for the case and any
orders entered by the Court. Any person may have access to the full
record at the Clerk’s Office.
Commentary
Anyone who is a PACER user (even if not an ECF user) may retrieve publicly available
documents in any case electronically filed in this district or nationwide.
(d) Filing and Service of Pleadings
(1) Filing Initiating Documents. Except for manual filings by a pro se party who is
filing case-initiating documents or is not a registered e-filer, all civil complaints
and other case initiating documents in civil cases must be filed electronically.
(2) Service and Answer. After a defendant or third-party defendant has been served,
defendant’s counsel shall register to become an ECF user following the
procedures outlined on the ECF webpage, and shall file the responsive pleading
electronically. If the defendant or third-party defendant is pro se and is not a
registered ECF user, the responsive pleading must be filed and served manually.
Cross Reference
See Civil L.R. 5-1(i) for rules governing the filing of documents with signatures other
than those of the e-filer.
(3) Completion of Filing. Electronic transmission of a document in compliance with

court procedures shall, upon receipt by the Clerk of the entire document and the
sending of a Notice of Electronic Filing (“NEF”) by the ECF system, constitute
filing of the document for all purposes and shall constitute entry of that
document on the docket maintained by the Clerk pursuant to Fed. R. Civ. P. 58
and 79, and Fed. R. Crim. P. 49 and 55.
(4) Deadlines. All electronic filings of documents must be completed as described in
Civil L.R. 5-1(d)(3) prior to midnight in order to be considered timely filed that
day.

(5) Technical Failure. The Clerk shall deem the ECF system to be subject to a
technical failure on a given day if the system is unable to accept filings
continuously or intermittently over the course of any period of time greater than
one hour after 12:00 noon that day. Filings due on the day of a technical failure
which were not filed solely due to such technical failure shall be due the next
court day. Such delayed filings shall be accompanied by a declaration or affidavit
attesting to the filer’s failed attempts to file electronically at least two times after
12:00 noon separated by at least one hour on each day of delay due to such
technical failure.
(6) Docket. The record of filings and entries created by the ECF system for each
case shall constitute the docket for that case.
Commentary
In addition to receiving email notifications of filing activity, parties are encouraged to
check the docket in their case on the ECF system at regular intervals.
(7) Chambers 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 assigned Judge in a particular
case.
(e) Manual Filing
Some types of documents shall only be filed manually and not electronically unless
specifically authorized by the Court. A list of such documents may be found on the
ECF webpage. Such documents shall be manually filed with the Clerk and served upon
the parties in accordance with the applicable Federal Rules of Civil Procedure, Federal
Rules of Criminal Procedure, and Local Rules for filing and service of paper
documents. Parties manually filing a document shall file electronically a Manual Filing
Notification.
(f) Proposed Orders
Proposed orders submitted by an ECF user in an ECF case shall be filed in PDF format,
and attached to the applicable motion or other document. In addition, proposed orders
shall be submitted in a standard word processing format (such as Microsoft Word) to
the specific address on the Court’s website for emailing proposed orders to the assigned
Judge. Proposed orders must conform to the requirements of the assigned Judge’s
standing orders.
(g) Service of Electronically Filed Documents
(1) Generally. Upon the filing of a document by a party, the ECF system will send
to the registered attorneys for all parties in the case a Notice of Electronic Filing,
which constitutes service on the receiving party. Exceptions to this are
electronically filed civil complaints and other case-initiating documents, which
must be served manually.
Cross Reference
See Civil L.R. 7-3 for rules for calculating due dates for opposition and reply briefs.
(2) Service on Parties Who Have Not Registered as ECF Users. When service of
a document, other than a complaint or third-party complaint, is required to be
made upon a person who is not a registered ECF user in that case, a paper copy
of the document shall be served on the person (as otherwise required or permitted
by the Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure,

and Local Rules). Service of these documents may alternatively be made by
electronic means (e.g., email) if the recipient consented in writing to such
service.
(3) Service of the Court’s Orders. Orders filed by the Court in non-sealed cases
will be served only via the emailed Notice of Electronic Filing. No manual
service will be made by the Court except on a pro se party who is not an ECF
user in a particular case.
(h) Signatures
(1) Generally. A document electronically filed with the Court shall be deemed to be
signed by the person (“Signatory”) when the document identifies the person as a
Signatory and the filing complies with either subsection (2) or (3). Any filing in
accordance with any of these methods shall bind the Signatory as if the document
was physically signed and filed, and shall function as the Signatory’s signature
whether for purposes of Rule 11 of the Federal Rules of Civil Procedure, to attest
to the truthfulness of an affidavit or declaration, or for any other purpose.
(2) ECF Users. In the case of a Signatory who is an ECF user, such document shall
be deemed signed, regardless of the existence of a physical signature on the
document, provided that such document is filed using the user ID and password
of the Signatory.
(3) Others. In the case of a Signatory who is not an ECF user, or who is an ECF user
but whose user ID and password are not utilized in the electronic filing of the
document (as in the case of documents requiring multiple signatures), the filer of
the document shall attest that each of the other Signatories have concurred in the
filing of the document, which shall serve in lieu of their signatures on the
document. The filer’s attestation may be incorporated into the document itself, or
take the form of a declaration attached to the document. The filer shall maintain
records to support this concurrence for subsequent production for the Court, if so
ordered, or for inspection upon request by a party, until one year after the final
resolution of the action (including appeal, if any). The filer may attach a scanned
image of the signature page of the document being electronically filed in lieu of
maintaining the paper record for subsequent production if required.
(4) Criminal Cases. Notwithstanding the provisions of section 5-1(e)(3), in a
criminal case, any document signed by a criminal defendant and any document
containing multiple signatures shall be scanned in its entirety to ensure that all
signatures are visible. Certain documents that may be used by various agencies
shall also be scanned in their entirety; a list of such documents may be found on
the ECF webpage.
(i) Sanctions for Non-Compliance
Failure of counsel to timely register or otherwise comply with ECF filing requirements
may result in sanctions as the Court deems appropriate.
5-2. Manual Filing [Withdrawn]
5-3. Facsimile Filings
(a) Method of Filing. A party may have an agent file with the Court a facsimile copy of an
original document that must be manually filed. For purposes of this rule, any facsimile
filing agency shall be regarded as an agent of the filing party, not an agent of the Court.
Also for purposes of this rule, the image of the original manual signature appearing on

a facsimile copy filed pursuant to this rule shall constitute an original signature for all
Court purposes.
(b) Procedures. Facsimile copies may be filed as follows:
(1) The facsimile copy is not transmitted directly to the Clerk by electronic or
telephonic means;
(2) The facsimile copy complies with the requirements of Civil L.R. 3-4; and
(3) The facsimile copy is accompanied by a certificate of service.
(c) Disposition of the Original Document. The following procedures shall govern
disposition of the original document whenever a facsimile copy is filed pursuant to
Civil L.R. 5-3(b):
(1) The original signed document shall not be substituted into the Court’s records,
except upon Court order;
(2) Any party filing a facsimile copy of a document must maintain the original
transmitted document and the transmission record of that document until the
conclusion of the case, including any applicable appeal period. A transmission
record for purposes of this rule is a paper printed by the facsimile machine upon
which the original document was transmitted. The record must state the
telephone number of the receiving machine, the number of pages sent, the
transmission time and an indication that no error in transmission occurred.
(3) Upon request by a party or the Court, the filing party must provide for review the
original transmitted document from which a facsimile copy was produced.
5-4. Drop 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 papers in support of or in opposition to a matter scheduled for hearing
within 7 days of filing may not be filed through use of a drop box;
(2) Initial pleadings or other case-initiating documents that are required or permitted
to be manually filed may be deposited for filing in a drop box at any courthouse
of the district — and any applicable filing fee must be included, with payment
only in the form of a check;
(3) Except for documents covered by (a)(1) above, after regular hours of the Clerk’s
Office, a document required or permitted to be manually filed may be filed by
deposit in the Clerk’s Office drop box at the courthouse in which the Chambers
of the assigned Judge are located.
(b) Drop Box Locations and Availability. The Court will maintain drop boxes at each
division of the Clerk’s Office. The Clerk will regulate the hours during which materials
may be filed through use of a drop box.
Commentary
The locations and availability of drop boxes are available on the Court’s website.
(c) Filing Date of Drop Box Documents. Before a document is deposited in a drop box
for filing, the back side of the last page of the document must be stamped “Received”
using the device available at the drop box.
(1) The document will be marked by the Clerk as “Filed” on the same date indicated
by the “Received” stamp, except when the “Received” date is a weekend or

Court holiday, in which case it will be marked as “Filed” on the first day
following the weekend or Court holiday.
(2) Where the back side of the last page of the document has not been stamped
“Received” with the device available at the drop box, the Clerk will mark the
document as “Filed” on the day the Clerk emptied the drop box of the document.
Commentary
Questions regarding availability and use of the drop box should be directed to the Clerk.
The Clerk’s Office policy is to empty and lock the drop box at the beginning of each day
when the Clerk’s Office opens. When the Clerk’s Office closes, the drop box is reopened
so that it may be used again for filing.
5-5. Certificate 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,
unless it is served by ECF, it must bear or have attached to it:
(1) An acknowledgment of service by the person served; or
(2) Certificate of service stating the date, place, and manner of service, and the
name, street address, or electronic address of each person served, certified by the
person who made service, pursuant to 28 U.S.C. §1746.
(b) Sanction for Failure to Provide Certificate. Failure to provide an acknowledgment or
certificate of service shall not be a ground for the Clerk to refuse to file a paper or
pleading. However, any such document may be disregarded by the Judge if an adverse
party timely objects on the ground of lack of service.
Cross Reference
See Fed. R. Civ. P. 4(d).
Commentary
Pursuant to Civil L.R. 5-1, except for civil complaints and other case-initiating
documents in civil cases, parties are not required to include a certificate or
acknowledgment of service upon registered ECF users when a document is filed
electronically. Notification to those parties will be provided by the Court’s electronic
filing system.

6. TIME
6-1. Enlarging or Shortening Time
(a) When Stipulation Permissible Without Court Order. Parties may stipulate in
writing, without a Court order, to extend the time within which to answer or otherwise
respond to the complaint, or to enlarge or shorten the time in matters not required to be
filed or lodged with the Court, provided the change will not alter the date of any event
or any deadline already fixed by Court order. Such stipulations shall be promptly filed
pursuant to Civil L.R. 5.
(b) When Court Order Necessary to Change Time. A Court order is required for any
enlargement or shortening of time that alters an event or deadline already fixed by
Court order or that involves papers required to be filed or lodged with the Court (other
than an initial response to the complaint). A request for a Court order enlarging or
shortening time may be made by written stipulation pursuant to Civil L.R. 6-2 or
motion pursuant to Civil L.R. 6-3. Any stipulated request or motion which affects a
hearing or proceeding on the Court’s calendar must be filed no later than 14 days
before the scheduled event.
6-2. Stipulated 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 event or deadline
already fixed by Court order, or that would accelerate or extend time frames set in the
Local Rules or in the Federal Rules. The stipulated request must be accompanied by a
declaration that:
(1) Sets forth with particularity the reasons for the requested enlargement or
shortening of time;
(2) Discloses all previous time modifications in the case, whether by stipulation or
Court order; and
(3) Describes the effect the requested time modification would have on the schedule
for the case.
(b) Action by the Court. After receiving a stipulated request under this Rule, the Judge
may grant, deny, or modify the requested time change.
6-3. Motion 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 forth with particularity the reasons for the requested enlargement or
shortening of time;
(2) Describes the efforts the party has made to obtain a stipulation to the time
change;
(3) Identifies the substantial harm or prejudice that would occur if the Court did not
change the time; and
(4) If the motion is to shorten time for the Court to hear a motion:
(i) Describes the moving party’s compliance with Civil L.R. 37-1(a), where
applicable, and

(ii) Describes the nature of the underlying dispute that would be addressed in
the motion and briefly summarizes the position each party had taken.
(5) Discloses all previous time modifications in the case, whether by stipulation or
Court order;
(6) Describes the effect the requested time modification would have on the schedule
for the case.
(b) Opposition to Motion to Change Time. Unless otherwise ordered, a party who
opposes a motion to enlarge or shorten time must file an opposition not to exceed 5
pages, accompanied by a declaration setting forth the basis for opposition, no later than
4 days after receiving the motion.
(c) Delivery of Manually Filed Documents to Other Parties. A party manually filing an
administrative motion to enlarge or shorten time must deliver a copy of the motion,
proposed order, and supporting declaration to all other parties on the day the motion is
filed. The objecting party must deliver a copy of its opposition to all parties on the day
the opposition is filed.
(d) Action by the Court. After receiving a motion to enlarge or shorten time and any
opposition, the Judge may grant, deny, modify the requested time change or schedule
the matter for additional briefing or a hearing.

7. MOTION PRACTICE
7-1. Motions
(a) Types of Motions. Any written request to the Court for an order must be presented by
one of the following means:
(1) A duly noticed motion pursuant to Civil L.R. 7-2;
(2) A motion to enlarge or shorten time pursuant to Civil L.R. 6-1;
(3) When authorized, an ex parte motion pursuant to Civil L.R. 7-10;
(4) When applicable, a motion for administrative relief pursuant to Civil L.R. 7-11;
(5) A stipulation of the affected parties pursuant to Civil L.R. 7-12; or
(6) A motion regarding an Order or Recommendation of a Magistrate Judge pursuant
to Civil L.R. 72-2 or 72-3.
(b) To Whom Motions Made. Motions must be directed to the Judge to whom the action
is assigned, except as that Judge may otherwise order. In the Judge’s discretion, or
upon request by counsel and with the Judge’s approval, a motion may be determined
without oral argument or by telephone conference call.
(c) Unassigned Case or Judge Unavailable. A motion may be presented to the General
Duty Judge or, if unavailable, to the Chief Judge or Acting Chief Judge when:
(1) The assigned Judge is unavailable as defined in Civil L.R. 1-5(p) and an
emergency requires prompt action; or
(2) An order is necessary before an action can be filed.
7-2. Notice 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 motions
must be filed, served and noticed in writing on the motion calendar of the assigned
Judge for hearing not less than 35 days after filing of the motion. Fed. R. Civ. P. 6(d),
which extends deadlines that are tied to service (as opposed to filing), does not apply
and thus does not extend this deadline.
(b) Form. In one filed document not exceeding 25 pages in length, a motion must contain:
(1) On the first page in the space opposite the caption and below the case number,
the noticed hearing date and time;
(2) In the first paragraph, notice of the motion including date and time of hearing;
(3) In the second paragraph, a concise statement of what relief or Court action the
movant seeks; and
(4) In the succeeding paragraphs, the points and authorities in support of the motion
— in compliance with Civil L.R. 7-4(a).
(c) Proposed Order. Unless excused by the Judge who will hear the motion, each motion
must be accompanied by a proposed order.
(d) Affidavits or Declarations. Each motion must be accompanied by affidavits or
declarations pursuant to Civil L.R. 7-5.

Commentary
The time periods set forth in Civil L.R. 7-2 and 7-3 regarding notice, response, and reply
to motions are minimum time periods. For complex motions, parties are encouraged to
stipulate to or seek a Court order establishing a longer notice period with correspondingly
longer periods for response or reply. See Civil L.R. 1-4 and 1-5.
7-3. Opposition; 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. Any evidentiary
and procedural objections to the motion must be contained within the brief or
memorandum. Pursuant to Civil L.R. 7-4(b), such brief or memorandum may not
exceed 25 pages of text. The opposition must be filed and served not more than 14 days
after the motion was filed. Fed. R. Civ. P. 6(d), which extends deadlines that are tied to
service (as opposed to filing), does not apply and thus does not extend this deadline.
(b) Statement of Nonopposition. If the party against whom the motion is directed does
not oppose the motion, that party must file with the Court a Statement of
Nonopposition within the time for filing and serving any opposition.
(c) Reply. Any reply to an opposition may include affidavits or declarations, as well as a
supplemental brief or memorandum under Civil L.R. 7-4. Any evidentiary and
procedural objections to the opposition must be contained within the reply brief or
memorandum. Pursuant to Civil L.R. 7-4(b), the reply brief or memorandum may not
exceed 15 pages of text. The reply to an opposition must be filed and served not more
than 7 days after the opposition was due. Fed. R. Civ. P. 6(d), which extends deadlines
that are tied to service (as opposed to filing), does not apply and thus does not extend
this deadline.
(d) Supplementary Material. Once a reply is filed, no additional memoranda, papers or
letters may be filed without prior Court approval, except as follows:
(1) Objection to Reply Evidence. If new evidence has been submitted in the reply,
the opposing party may file and serve an Objection to Reply Evidence, which may
not exceed 5 pages of text, stating its objections to the new evidence, which may
not include further argument on the motion. The Objection to Reply Evidence
must be filed and served not more than 7 days after the reply was filed. Fed. R.
Civ. P. 6(d), which extends deadlines that are tied to service (as opposed to filing),
does not apply and thus does not extend this deadline.
(2) Before the noticed hearing date, counsel may bring to the Court’s attention a
relevant judicial opinion published after the date the opposition or reply was filed
by filing and serving a Statement of Recent Decision. Such Statement shall
contain a citation to and provide a copy of the new opinion without argument.
7-4. Brief 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, opposition, or reply to a
motion must contain:
(1) On the first page in the space opposite the caption and below the case number,
the noticed hearing date and time;
(2) If in excess of 10 pages, a table of contents and a table of authorities;
(3) A statement of the issues to be decided;
(4) A succinct statement of the relevant facts; and

(5) Argument by the party, citing pertinent authorities.
(b) Length. Unless the Court expressly orders otherwise pursuant to a party’s request
made prior to the due date, briefs or memoranda filed with opposition papers may not
exceed 25 pages of text and the reply brief or memorandum may not exceed 15 pages
of text.
Cross Reference
See Civil L.R. 7-11 regarding request to exceed page limitations.
Commentary
Although Civil L.R. 7-4(b) limits briefs to 25 pages of text, counsel should not consider
this a minimum as well as a maximum limit. Briefs with less than 25 pages of text may
be excessive in length for the nature of the issues addressed.
7-5. Affidavit 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
appropriate references to the record. Extracts from depositions, interrogatory answers,
requests for admission and other evidentiary matters must be appropriately
authenticated by an affidavit or declaration.
(b) Form. An affidavit or declaration may contain only facts, must conform as much as
possible to the requirements of Fed. R. Civ. P. 56(e), and must avoid conclusions and
argument. Any statement made upon information or belief must specify the basis
therefor. An affidavit or declaration not in compliance with this rule may be stricken in
whole or in part.
7-6. Oral Testimony Concerning Motion
No oral testimony will be received in connection with any motion, unless otherwise ordered
by the assigned Judge.
7-7. Continuance 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 notice continuing the
originally noticed hearing date for that motion to a later date if:
(1) No opposition has been filed; and
(2) The notice of continuance is filed prior to the date on which the opposition is due
pursuant to Civil L.R. 7-3(a).
(b) After Opposition is Filed. After an opposition to a motion has been filed, the noticed
hearing date may be continued to a subsequent date as follows:
(1) When parties affected by the motion have not previously stipulated to continue
the hearing date, unless the hearing date has been reserved with or specially set
by the Judge, the parties affected by the motion may stipulate in writing pursuant
to Civil L.R. 6-1(a) to continue the hearing date; or
(2) Upon order of the assigned Judge.
(c) Keeping Track of Hearing Dates. Counsel are responsible for knowing hearing dates
on motions.
(d) Effect on Time for Filing Opposition or Reply. Unless otherwise ordered by the
Court, the continuance of the hearing of a motion does not extend the time for filing
and serving the opposing papers or reply papers.

(e) Withdrawal. Within the time for filing and serving a reply, the moving party may file
and serve a notice of withdrawal of the motion. Upon the filing of a timely withdrawal,
the motion will be taken off-calendar. Otherwise, the Court may proceed to decide the
motion.
7-8. Motions for Sanctions — Form and Timing
Any motion for sanctions, regardless of the sources of authority invoked, must comply with
the following:
(a) The motion must be separately filed and the date for hearing must be set in
conformance with Civil L.R. 7-2;
(b) The form of the motion must comply with Civil L.R. 7-2;
(c) The motion must comply with any applicable Federal Rule and must be made as soon
as practicable after the filing party learns of the circumstances that it alleges make the
motion appropriate; and
(d) Unless otherwise ordered by the Court, no motion for sanctions may be served and
filed more than 14 days after entry of judgment by the District Court.
7-9. Motion 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 a
motion before a Judge requesting that the Judge grant the party leave to file a motion
for reconsideration of any interlocutory order on any ground set forth in Civil L.R. 7-9
(b). No party may notice a motion for reconsideration without first obtaining leave of
Court to file the motion.
Cross Reference
See Fed. R. Civ. P. 54(b) regarding discretion of Court to reconsider its orders prior to
entry of final judgment.
Commentary
This local rule does not apply to motions for reconsideration of a Magistrate Judge’s
order pursuant to 28 U.S.C. § 636(b)(1)(A). See Civil L.R. 72.
(b) Form and Content of Motion for Leave. A motion for leave to file a motion for
reconsideration must be made in accordance with the requirements of Civil L.R. 7-9.
The moving party must specifically show reasonable diligence in bringing the motion
and one of the following:
(1) That at the time of the motion for leave, a material difference in fact or law exists
from that which was presented to the Court before entry of the interlocutory
order for which reconsideration is sought. The party also must show that in the
exercise of reasonable diligence the party applying for reconsideration did not
know such fact or law at the time of the interlocutory order; or
(2) The emergence of new material facts or a change of law occurring after the time
of such order; or
(3) A manifest failure by the Court to consider material facts or dispositive legal
arguments which were presented to the Court before such interlocutory order.
(c) Prohibition Against Repetition of Argument. No motion for leave to file a motion
for reconsideration may repeat any oral or written argument made by the applying party
in support of or in opposition to the interlocutory order which the party now seeks to

have reconsidered. Any party who violates this restriction shall be subject to
appropriate sanctions.
(d) Determination of Motion. Unless otherwise ordered by the assigned Judge, no
response need be filed and no hearing will be held concerning a motion for leave to file
a motion to reconsider. If the Judge decides to order the filing of additional papers or
that the matter warrants a hearing, the Judge will fix an appropriate schedule.
7-10. Ex 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 rule, or
Standing Order authorizes ex parte filing. The motion must include a citation to the statute,
rule, or order which permits the use of an ex parte motion to obtain the relief sought.
Cross Reference
See, e.g., Civil L.R. 65-1 “Temporary Restraining Orders.”
7-11. Motion 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 governed by a
federal statute, Federal Rule, local rule, or standing order of the assigned Judge. These
motions would include matters such as motions to exceed otherwise applicable page
limitations or motions to file documents under seal, for example.
(a) Form and Content of Motions. A motion for an order concerning a miscellaneous
administrative matter may not exceed 5 pages (not counting declarations and exhibits),
must set forth specifically the action requested and the reasons supporting the motion,
and must be accompanied by a proposed order and by either a stipulation under Civil
L.R. 7-12 or by a declaration that explains why a stipulation could not be obtained. If
the motion is manually filed, the moving party must deliver the motion and all
attachments to all other parties on the same day that the motion is filed.
(b) Opposition to or Support for Motion for Administrative Relief. Any opposition to
or support for a Motion for Administrative Relief may not exceed 5 pages (not counting
declarations and exhibits), must set forth succinctly the reasons in opposition or
support, must be accompanied by a proposed order, and must be filed no later than 4
days after the motion has been filed. The opposition or support and all attachments
thereto, if manually filed, must be delivered to all other parties the same day it is
manually filed.
(c) Action by the Court. Unless otherwise ordered, a Motion for Administrative Relief is
deemed submitted for immediate determination without hearing on the day after the
opposition is due.
7-12. Stipulations
Every stipulation requesting judicial action must 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 of an endorsement on the stipulation of the words, “PURSUANT TO
STIPULATION, IT IS SO ORDERED,” with spaces designated for the date and the signature
of the Judge.
7-13. Notice 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 notice that the
matter remains under submission, or may ask the Northern District of California

Ombudsperson to provide such notice to the Court. If judicial action is not taken, subsequent
notices may be filed at the expiration of each 120-day period thereafter until a ruling is made.
This rule does not preclude a party from filing an earlier notice if it is warranted by the nature
of the matter under submission (e.g., motion for extraordinary relief).
7-14. Designation Not for Citation
It is within the sole discretion of the issuing Judge to determine whether an order or opinion
issued by that Judge shall not be citable. Any order or opinion which the issuing Judge
determines shall not be citable shall bear in the caption before the title of the Court “NOT
FOR CITATION.”
Cross Reference
See Civil L.R. 3-4(e) “Prohibition of Citation to Uncertified Opinion or Order.”

10. FORM OF PAPERS
10-1. Amended Pleadings
Any party filing or moving to file an amended pleading must reproduce the entire proposed
pleading and may not incorporate any part of a prior pleading by reference.

11. ATTORNEYS
11-1. The Bar of this Court
(a) Members of the Bar. Except as provided in Civil L.R. 11-2, 11-3, and 11-9, and Fed.
R. Civ. P. 45(f), an attorney must be a member of the bar of this Court to practice in
this Court and in the Bankruptcy Court of this District.
(b) Eligibility for Membership. To be eligible for admission to and continuing
membership in the bar of this Court, an attorney must be an active member in good
standing of the State Bar of California. For any attorney admitted to the bar of this
court before September 1, 1995 based on membership in the bar of a jurisdiction other
than California, continuing membership in the bar of that jurisdiction is an acceptable
alternative basis for eligibility.
(c) Procedure for Admission. Each applicant for admission must present to the Clerk a
sworn petition for admission in the form prescribed by the Court. Prior to admission to
the bar of this Court, an attorney must certify:
(1) Knowledge of the contents of the Federal Rules of Civil and Criminal Procedure
and Evidence, the Rules of the United States Court of Appeals for the Ninth
Circuit, and the Local Rules of this Court;
(2) Familiarity with the Alternative Dispute Resolution Programs of this Court;
(3) Understanding and commitment to abide by the Standards of Professional
Conduct of this Court set forth in Civil L.R. 11-4; and
(4) Familiarity with the Guidelines for Professional Conduct in the Northern District
of California.
(d) Admission Fees. Each attorney admitted to practice before this Court under this Local
Rule must pay to the Clerk the fee fixed by the Judicial Conference of the United
States, together with an assessment in an amount to be set by the Court. The assessment
will be placed in the Court Non-Appropriated Fund for library, educational, and other
appropriate uses.
(e) Admission. The Clerk or a Judge may admit an applicant to the bar of the Court after
the applicant signs the prescribed oath and pays the prescribed fees, and after the Clerk
verifies the applicant’s qualifications.
(f) Certificate of Good Standing. A member of the bar of this Court who is in good
standing may obtain a Certificate of Good Standing by presenting a written request to
the Clerk and paying the prescribed fee.
(g) Reciprocal Administrative Change in Attorney Status. Upon notice from the State
Bar of California (or the bar of another jurisdiction that is the basis for membership in
the bar of this Court) that an attorney is deceased, has been placed on “voluntary
inactive” status, or has resigned for reasons not relating to discipline, the Clerk will
note “deceased,” “resigned,” or “voluntary inactive,” as appropriate, on the attorney’s
admission record. An attorney on “voluntary inactive” status will remain inactive on
the roll of this Court until such time as the State Bar or the attorney has notified the
Court that the attorney has been restored to “active” status. An attorney who has
resigned and wishes to be readmitted must petition the Court for admission in
accordance with subparagraphs (c) and (d) of this Rule.

(1) The following procedure will apply to actions taken in response to information
provided by the State Bar of California (or by another jurisdiction that is the basis
for membership in the bar of this Court) of a suspension for (a) a period of less
than 30 days for any reason or (b) a change in an attorney’s status that is
temporary in nature and may be reversed solely by the attorney’s execution of
one or more administrative actions. Upon receipt of notification from the State
Bar that an attorney has been suspended for any of the following, the Clerk will
note the suspension on the attorney’s admission record:
(A) Noncompliance with Rule 9.22 child and family support;
(B) Failure to pass PRE;
(C) Failure to pay bar dues;
(D) Failure to submit documentation of compliance with continuing education
requirements.
While suspended, an attorney is not eligible to practice in this Court or in the
Bankruptcy Court of this District. In the event that an attorney files papers or
otherwise practices law in this Court or in the Bankruptcy Court while an
administrative notation of suspension is pending on the attorney’s admission
record, the Clerk will verify the attorney’s disciplinary status with the State Bar
(or other jurisdiction, if applicable). If the attorney is not then active and in good
standing, the Chief District Judge will issue to the attorney an order to show
cause in accordance with Civil L.R. 11-7(b)(1).
Upon receipt by the Court of notification from the State Bar that the attorney’s
active status has been restored, the reinstatement will be noted on the attorney’s
admission record.
(2) In response to information provided by the State Bar of California (or other
jurisdiction that is the basis for membership in the bar of this Court) that an
attorney has been placed on disciplinary probation but is still allowed to practice,
the Clerk will note the status change on the attorney’s admission record. An
attorney with that status must, in addition to providing the notice to the Clerk
required by Civil L.R. 11-7(a), report to the Clerk all significant developments
related to the probationary status. Upon receipt by the Court of notification from
the State Bar that the attorney’s good standing has been restored, the change will
be noted on the attorney’s admission record.
11-2. Counsel for the United States
An attorney employed or retained by the United States government or any of its agencies
may, without satisfying the membership requirements of LR 11-1, practice in this Court in all
actions or proceedings within the scope of his or her employment or retention by the United
States.
11-3. Pro 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 with the written application, a true and correct copy of a certificate of good
standing or other similar official document issued by the appropriate authority
governing attorney admissions for the relevant bar. Said certificate or other document
must be dated no more than one year prior to the date of application for admission. The
applicant must also submit an oath certifying the following:

(1) That he or she is an active member in good standing of the bar of a United States
Court or of the highest court of another state or the District of Columbia,
specifying such bar;
(2) That he or she agrees to abide by the Standards of Professional Conduct set forth
in Civil L.R. 11-4, and to become familiar with the Local Rules and Alternative
Dispute Resolution Programs of this Court and, where applicable, with the
Bankruptcy Local Rules;
(3) That an attorney, identified by name and office address, who is a member of the
bar of this Court in good standing and who maintains an office within the State of
California, is designated as co-counsel.
(4) The number of times the applicant has been granted pro hac vice admission by
the Court in the 12 months preceding the application.
(b) Time of Application. An attorney seeking to appear pro hac vice must submit the
application and admission fee at the time of the filing of a complaint or the attorney’s
first appearance in the case. A failure to meet this deadline may result in denial of the
application.
(c) Disqualification from Pro Hac Vice Appearance. Unless authorized by an Act of
Congress or by an order of the assigned Judge, an applicant is not eligible for
permission to practice pro hac vice if the applicant:
(1) Resides in the State of California; or
(2) Is regularly engaged in the practice of law in the State of California.
This disqualification shall not be applicable if the pro hac vice applicant (i) has been a
resident of California for less than one year; (ii) has registered with, and completed all
required applications for admission to, the State Bar of California; and (iii) has
officially registered to take or is awaiting results from the California State Bar exam.
(d) Approval. The Clerk shall present the application to the assigned Judge for approval.
The assigned Judge shall have discretion to accept or reject the application, or excuse
the admission fee.
(e) Admission Fee. At the time the application is submitted, an attorney requesting to
practice under Civil L.R. 11-3 must pay to the Clerk the Pro Hac Vice admission fee set
by the Court’s fee schedule, available at cand.uscourts.gov/court-fees. The Clerk will
not present an application to the assigned Judge unless the filing fee has been paid or a
request to waive the filing fee has been submitted. The fee will be placed in the Court’s
Non-Appropriated Fund for library, educational, and other appropriate uses. If the
assigned Judge rejects the application, the fee will be refunded at the attorney’s request.
(f) Appearances and Service on Local Co-Counsel. All papers filed by the attorney must
indicate appearance pro hac vice. Service of papers on and communications with local
co-counsel designated pursuant to Civil L.R. 11-3(a)(3) shall constitute notice to the
party.
11-4. Standards 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 and comply with the standards of professional conduct required of
members of the State Bar of California;
(2) Comply with the Local Rules of this Court;

(3) Maintain respect due to courts of justice and judicial officers;
(4) Practice with the honesty, care, and decorum required for the fair and efficient
administration of justice;
(5) Discharge all obligations to client(s) and the Court; and
(6) Assist those in need of counsel when requested by the Court.
Commentary
The California Standards of Professional Conduct are contained in the State Bar Act, the
Rules of Professional Conduct of the State Bar of California, and decisions of any court
applicable thereto.
(b) Prohibition Against Bias. The practice of law before this Court must be free from
prejudice and bias. Treatment free of bias must be accorded all other attorneys,
litigants, judicial officers, jurors, and support personnel. Any violation of this policy
should be brought to the attention of the Clerk or any Judge for action under Civ.
L.R. 11-6.
(c) Prohibition against Ex Parte Communication. Except as otherwise provided by
law or these Local Rules or otherwise ordered by the Court, an attorney or party to an
action must refrain from contacting the assigned Judge or the Judge’s law clerks or
otherwise communicating with a Judge or the Judge’s staff regarding a pending
matter, without prior notice to opposing counsel.
Commentary
This rule is not intended to prohibit communications with Court staff regarding
scheduling or general case management.
11-5. Withdrawal 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 client and to all other parties who have appeared in the case.
(b) Conditional Withdrawal. When withdrawal by an attorney from an action is not
accompanied by simultaneous appearance of substitute counsel or agreement of the
party to appear pro se, leave to withdraw may be subject to the condition that papers
may continue to be served on counsel for forwarding purposes, unless and until the
client appears by other counsel or pro se. When this condition is imposed, counsel
must notify the party of this condition. Any filed consent by the party to counsel’s
withdrawal under these circumstances must include acknowledgment of this
condition.
11-6. Discipline
(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 action authorized by applicable law, do either or both of the
following:
(1) Refer the matter to the Court’s Standing Committee on Professional Conduct;
or
(2) Refer the matter to the Chief District Judge. If the alleged unprofessional
conduct arises in the Bankruptcy Court, the Judge shall first refer the matter to

the Chief Bankruptcy Judge, who may in turn refer it to the Chief District
Judge.
(b) “Attorney” Defined. For purposes of Civil L.R. 11-6, the term “attorney” refers to
any attorney who is or has been admitted to practice in any State, or admitted to
membership in the bar of this Court, or admitted to practice in this Court pro hac vice
pursuant to Civil L.R. 11-3. The term “attorney” may include law corporations and
partnerships, when the alleged conduct occurs in the course and scope of employment
by the corporation or partnership.
(c) Standing Committee on Professional Conduct. The Court will appoint, as special
counsel for disciplinary proceedings pending before the Court, a Standing Committee
on Professional Conduct consisting of a minimum of 7 and a maximum of 11
members, depending on the number of disciplinary matters referred to or active
before the committee, and the Chief District Judge will designate one of the members
to serve as Chair. All members of the Standing Committee must be members in good
standing of the bar who practice regularly in this court. Members shall serve
staggered 4-year terms in 2 approximately equal groups, such that the members of
one group are replaced or reappointed every 2 years. The Standing Committee may
organize itself and conduct its affairs by subcommittees of one or more members as it
deems advisable. All final actions of the Standing Committee require a majority vote.
The Standing Committee will submit a confidential report of its activities annually to
the Clerk, the Chief District Judge, the Clerk of the Bankruptcy Court and Chief
Bankruptcy Judge and the Professional Conduct Liaison Judge.
(d) Professional Conduct Liaison Judge. The Chief District Judge shall appoint a
District Judge to oversee the administration of this Local Rule and to serve as liaison
to the Standing Committee. The Chief District Judge may delegate some or all of the
powers of the Chief District Judge under this rule to the Professional Conduct Liaison
Judge.
(e) Matters Referred To The Standing Committee. Any Judge may enter an order of
referral to the Standing Committee on Professional Conduct to initiate an
investigation into a charge or information that a member of the bar of this Court, an
attorney appearing pro hac vice, or an attorney employed or retained by the United
States (see Civil L.R. 11-2) has engaged in unprofessional conduct in the practice of
law before this Court. The Alternative Dispute Resolution Magistrate Judge may
enter an order of referral based upon information provided by, and at the request of,
the Alternative Dispute Resolution Department. An order of referral to the Standing
Committee on Professional Conduct may be made on the public docket of an active
case or may be directed to the Clerk confidentially without a case number, with a
copy of the referral order served by U.S. Mail or by electronic mail on the subject
attorney. Upon receipt of an order of referral, the Clerk will open a new
miscellaneous case under seal, file the original order of referral and any
accompanying exhibits thereto, and transmit a copy to the chair of the Standing
Committee. Unless otherwise directed by the Court, the Standing Committee shall
investigate the alleged or suspected unprofessional conduct in accordance with the
following procedures:
(1) Investigations shall be conducted formally or informally as the Standing
Committee deems appropriate to the circumstances of the case. Investigations
shall be confidential unless the Professional Conduct Liaison Judge, upon
application by the Standing Committee or the attorney who is subject to the

investigation, determines that there is a compelling reason to make the matter
public.
(2) At the written request of the Standing Committee, the Chief District Judge may
direct the issuance of subpoenas and subpoenas duces tecum.
(3) At the conclusion of its investigation, the Standing Committee may, if it deems
appropriate, finally resolve any referred matter informally or by consent; if the
attorney who was the subject of the investigation has admitted unprofessional
conduct, however, the Standing Committee should obtain a written consent
specifying a remedial plan. The Standing Committee shall prepare a final
report summarizing its proceedings, its findings, any informal or stipulated
resolution and its recommendation, if any, to the Court. If the Standing
Committee’s determination is to file a petition for formal discipline, it shall so
state in the final report. The final report shall be marked “CONFIDENTIAL:
ATTORNEY DISCIPLINE MATTER” and shall include a proposed order
directing the Clerk to close the file. The Standing Committee shall direct the
original final report to the Chief District Judge and a copy to the referring
Judge. Upon filing the final report and closing the file, the Clerk shall serve the
final report on the attorney under investigation.
(4) If a majority of the members determine that public reprimand, suspension,
disbarment, monetary sanctions or other formal discipline is warranted, and the
respondent attorney does not consent, the Standing Committee shall institute a
disciplinary proceeding by filing with the Clerk a sealed petition that specifies
the alleged misconduct. Upon the filing of the petition, the Clerk shall assign a
new civil case number to the matter and shall randomly assign it to a District
Judge other than the referring Judge or the Professional Conduct Liaison Judge
in the same manner as any other sealed civil action or proceeding. Unless
otherwise directed by the assigned Judge, the proceeding shall then be
presented by one or more members of the Standing Committee. For a matter
arising in the Bankruptcy Court of this District, the assigned Judge may, sua
sponte or upon motion by the respondent attorney, refer the matter to the Clerk
of the Bankruptcy Court for assignment to a Bankruptcy Judge, other than the
referring Judge, for hearing and a report and recommendation.
(5) After a civil case is assigned under subsection (4) above, the assigned judge
shall issue an order to show cause setting a date for hearing, addressed to the
respondent attorney, requiring the attorney to appear and show cause why he or
she should not be disciplined as stated in the Judge’s order. The order shall
direct that a copy thereof, together with a copy of the petition, be served on the
respondent in a manner permitted by Fed. R. Civ. P. 5(b) not less than 35 days
in advance of the date specified for hearing. Any response must be filed no
more than 14 days later. In the event the matter cannot be resolved solely based
on the petition, response, and hearing thereon, the Judge may order such
additional proceedings as the circumstances warrant. Written findings of fact
and an order based thereon shall be filed by the Judge when dismissing the
proceeding or when imposing discipline. Documents presented for manual
filing in the case shall be marked “CONFIDENTIAL: ATTORNEY
DISCIPLINE MATTER.” The entire case shall be maintained under seal and
court proceedings shall be closed to the public unless, upon written motion
from either the Standing Committee or the respondent attorney, the Judge
determines that the interests of justice would be best be served by opening all
or part of the proceedings to the public. The Judge’s final order, if imposing

discipline, together with portions of the file deemed by the Judge to be
appropriate for public disclosure, will be unsealed and made accessible to the
public on the Court’s website and any other means ordered by the Judge and
will be disseminated to the Judges of the Northern District of California by the
Clerk 7 days after the final order is filed, absent an extension by the Court. An
order imposing discipline under this Rule may be appealed to the Court of
Appeals.
(6) Records other than court files, such as the confidential reports of the Standing
Committee, shall be maintained as directed by the Chief District Judge.
(7) After an order imposing discipline is filed, the Standing Committee may
provide the Clerk with a list of other courts before which the Standing
Committee knows the respondent attorney to have been admitted to practice.
The list shall be compiled from information obtained in the course of the
Standing Committee’s work on the case, and shall not require a separate
investigation. The Clerk shall give prompt notice of the order of discipline to
the disciplinary body of each such court.
(f) Costs. Out-of-pocket expenses necessarily incurred by the Standing Committee in
carrying out its responsibilities under these rules, if presented for reimbursement
within 90 days of the conclusion of the proceeding, will be paid by the Court.
11-7. Reciprocal 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 convicted of a felony,
suspended, disbarred, or placed on disciplinary probation by any court, or who
resigns from the bar of any court with an investigation into allegations of
unprofessional conduct pending, must give notice to the Clerk and the Clerk of the
Bankruptcy Court in writing within 14 days of such event.
(b) Order to Show Cause. Unless referred to the Standing Committee on Professional
Conduct, matters subject to reciprocal discipline on the grounds listed in paragraph
(a) above shall be handled as follows:
(1) Whenever a member of the bar of this Court or any attorney appearing pro hac
vice who is convicted of a felony, disbarred, suspended for reasons other than
those noted in Civil L.R. 11-1(g), or who resigns from the bar of any court with
an investigation into allegations of unprofessional conduct pending, the Chief
District Judge will enter an order suspending that member on an interim basis
from practice before this Court and affording the member an opportunity to
show cause, within 28 days, why a suspension or disbarment order should not
be entered. If the attorney files a response stating that imposition of an order of
suspension or disbarment from this Court is not contested, or if the attorney
does not respond to the Order to Show Cause within the time specified, then
the Court shall enter an order of suspension or disbarment.
(2) An attorney who wishes to contest reciprocal discipline must file with the
Court a timely response to the order to show cause. The Chief District Judge
may then act on the matter, order it randomly assigned to another Judge or refer
it to the Standing Committee on Professional Conduct for report and
recommendation. The response to the Order to Show Cause must set forth facts
establishing one or more of the following: (a) the procedure in the other
jurisdiction was so lacking in notice or opportunity to be heard as to constitute
a deprivation of due process; (b) there was such an infirmity of proof

establishing the misconduct as to give rise to a clear conviction that the Court
should not accept as final the other jurisdiction’s conclusion(s) on that subject;
(c) imposition of like discipline would result in a grave injustice; or (d) other
substantial reasons exist so as to justify not accepting the other jurisdiction’s
conclusion(s). In addition, together with the response to the Order to Show
Cause, the attorney must lodge with the Court a certified copy of the entire
record from the other jurisdiction or bear the burden of persuading the Court
that less than the entire record will suffice. This procedure may not be used to
relitigate a felony conviction.
(3) An attorney disbarred, suspended or placed on disciplinary probation under the
reciprocal discipline provisions of this rule may seek reinstatement upon
completion of the period of suspension, disbarment, or disciplinary probation
by filing a petition for admission with the Clerk as provided in Civil L.R. 11-
1(c) and paying the admission fee in accordance with 11-1(d). An attorney
disbarred by reason of a felony conviction may not petition for reinstatement
until at least one year after entry of the disbarment order.
Cross Reference
See Fed. R. Civ. P. 11(c), 16(f), 37.
11-8. Sanctions for Unauthorized Practice

A person who exercises, or pretends to be entitled to exercise, any of the privileges of
membership in the bar of this Court, when that person is not entitled to exercise such
privileges, may be referred to the Standing Committee in addition to any action authorized by
applicable law.
11-9. Student 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 this Court may engage in the permitted activities set forth in
this Local Rule.
(b) Permitted Activities. With respect to a matter pending before this Court, a certified
law student may:
(1) Negotiate for and on behalf of the client or appear at Alternative Dispute
Resolution (ADR) proceedings, provided that the activity is conducted under
the general supervision of a supervising attorney;
(2) Appear on behalf of a client in the trial of a misdemeanor or petty offense,
provided the appearance is under the general supervision of a supervising
attorney who is immediately available to attend the proceeding if the Judge
decides to require the presence of the supervising attorney and, if the client is a
criminal defendant, the client has filed a consent with the Court; and
(3) Appear on behalf of a client in any other proceeding or public trial, provided
the appearance is under the direct and immediate supervision of a supervising
attorney, who is present during the proceedings.
(c) Requirements for Eligibility. To be eligible to engage in the permitted activities, a
law student must submit to the Clerk:
(1) An application for certification on a form established for that purpose by the
Court. The Clerk is authorized to issue a certificate of eligibility;

(2) A copy of a Notice of Student Certification or Recertification from the State
Bar of California, or a certificate from the registrar or dean of a law school
accredited by the American Bar Association or the State Bar of California that
the law student has completed at least one-third of the graduation requirements
and is continuing study at the law school, (or, if a recent graduate of the law
school, that the applicant has registered to take or is awaiting results of the
California State Bar Examination). The certification may be withdrawn at any
time by the registrar or dean by providing notice to that effect to the Court; and
(3) Certification from a member of the bar of this Court that he or she will serve as
a supervising attorney for the law student. The certification may be withdrawn
at any time by a supervising attorney by providing notice to that effect to the
Court.
(d) Requirements of Supervising Attorney. A supervising attorney must:
(1) Be admitted or otherwise permitted to practice before this Court;
(2) Sign all documents to be filed by the student with the Court;
(3) Assume professional responsibility for the student’s work in matters before the
Court; and
(4) Assist and counsel the student in the preparation of the student’s work in
matters before the Court.
(e) Termination of Privilege. The privilege of a law student to appear before this Court
under this rule may be terminated by the Court at any time in the discretion of the
Court, without the necessity to show cause.

16. CASE MANAGEMENT AND PRETRIAL CONFERENCES
16-1. Definitions
“Scheduling,” “discovery,” or “status” conferences under Fed. R. Civ. P. 16 and 26 shall be
designated as “case management conferences” in this Court. All statements, proposed orders,
or other documents prepared in connection with such conferences must be referred to as such.
16-2. Order Setting Initial Case Management Conference
(a) Issuance and Service of Order. Once an action is initiated in this Court, the Clerk
shall issue an Order Setting Initial Case Management Conference and ADR Deadlines.
The Order shall set the following dates, among others: (1) the date for the Initial Case
Management Conference on the assigned Judge’s calendar; and (2) the deadline for
filing the ADR Certification required by Civil L.R. 16-8(b). The plaintiff must serve on
each defendant a copy of the Order, along with the supplementary materials specified
by Civil L.R. 4-2. This Order shall not be issued in categories of cases that are
excluded under the Federal Rules of Civil Procedure, these Local Rules, or an order of
this Court.
(b) Case Management Schedule in Removed Cases. When a case is removed from a
state court to this Court, upon the filing of the notice of removal the Court shall issue to
the removing party an Order Setting Initial Case Management Conference, as described
in subsection (a), above. The removing party must serve the other parties in the case
with a copy of the Order and the supplementary materials specified in Civil L.R. 4-2.
Unless ordered otherwise by the Court, the filing of a motion for remand does not
relieve the parties of any obligations under this rule.
(c) Case Management Schedule in Transferred Cases. When a civil action is transferred
to this district, the Court shall issue to the plaintiff an Order Setting Initial Case
Management Conference, as described in subsection (a), above. The plaintiff must
serve the other parties in the case with a copy of the Order and the pertinent
supplementary materials specified in Civil L.R. 4-2.
(d) Relief from Case Management Schedule. By serving and filing a motion with the
assigned Judge pursuant to Civil L.R. 7, a party, including a party added later in the
case, may seek relief from an obligation imposed by Fed. R. Civ. P. 16 or 26 or the
Order Setting Initial Case Management Conference. The motion must:
(1) Describe the circumstances which support the request;
(2) Affirm that counsel for the moving party has conferred with all other counsel in
an effort to reach agreement about the matter and, for each other party, report
whether that party supports or opposes the request for relief;
(3) Be accompanied by a proposed revised case management schedule; and
(4) If applicable, indicate any changes required in the ADR process or schedule in
the case.
(e) Limitation on Stipulations. Any stipulation that would vary the date of a Case
Management Conference shall have no effect unless approved by the assigned Judge
before the date set for the conference. Any stipulation must comply with Civil L.R. 7-
12.

16-3. Lead Trial Counsel Required to Confer
Unless otherwise ordered, the conferring and planning that is mandated by Fed. R. Civ. P.
26(f) and by ADR Local Rule 3-5 must be done by lead trial counsel for each party.
16-4. Procedure 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 Rules of
this district.
Cross Reference
See Fed. R. Bankr. P. 8001 through 8020 and B.L.R. 8001-1 through 8011-1.
16-5. Procedure 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 Actions under 42 U.S.C. § 405(g)), the defendant
must serve and file an answer, together with a certified copy of the transcript of the
administrative record, within 90 days of receipt of service of the summons and complaint.
Within 28 days of receipt of defendant’s answer, plaintiff must file a motion for summary
judgment pursuant to Civil L.R. 7-2 and Fed. R. Civ. P. 56. Defendant must serve and file
any opposition or counter-motion within 28 days of service of plaintiff’s motion. Plaintiff
may serve and file a reply within 14 days after service of defendant’s opposition or counter-
motion. Unless the Court orders otherwise, upon the conclusion of this briefing schedule, the
matter will be deemed submitted for decision by the District Court without oral argument.
Cross Reference
See Civil L.R. 3-12(h), “Relating Actions for Review on an Administrative Record.”
16-6. Procedure in U.S. Debt Collection Cases
These cases shall proceed as follows:
(a) Identification. The first page of the complaint must identify the action by using the
words “Debt Collection Case;”
(b) Assignment. Upon filing the complaint, the matter will be assigned to a Magistrate
Judge for all pre-trial proceedings; and
(c) Collection Proceedings. If the United States files an application under the Federal
Debt Collection Procedures Act, either pre-judgment or post-judgment, such matter
will be assigned to a Magistrate Judge.
16-7. Procedure 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. R. Civ. P.
26(a)(1), promptly after the commencement of the action the assigned Judge will schedule a
Case Management Conference or issue a case management order without such conference.
Discovery shall proceed in such cases only at the time, and to the extent, authorized by the
Judge in the case management order.
16-8. Alternative 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 in a just, timely and cost-effective manner.
The Court has created and makes available its own Alternative Dispute Resolution
(ADR) programs for which it has promulgated local rules. The Court also encourages
civil litigants to consider use of ADR programs operated by private entities. At any

time after an action has been filed, the Court on its own initiative or at the request of
one or more parties may refer the case to one of the Court’s ADR programs.
Cross Reference
See ADR L.R. 1-2 “Purpose and Scope;” ADR L.R. 2-3 “Referral to ADR Program.”
The Court’s ADR processes and procedures are described on the Court’s ADR webpage:
cand.uscourts.gov/adr.
(b) ADR Certification. In cases assigned to the ADR Multi-Option Program, no later than
the date specified in the Order Setting Initial Case Management Conference and ADR
Deadlines (presumptively 21 days before the date set for the initial case management
conference), counsel and client must sign, serve and file an ADR Certification. The
certification must be made on a form established for this purpose by the Court and in
conformity with the instructions approved by the Court. Separate Certifications may be
filed by each party. If the client is a government or governmental agency, the certificate
must be signed by a person who meets the requirements of Civil L.R. 3-9(c). If the date
of the initial case management conference is changed, unless otherwise ordered the
ADR Certification deadline adjusts accordingly.
Counsel and client must certify that both have:
(1) Read the document entitled “Alternative Dispute Resolution Procedures
Handbook” on the ADR webpage, found at cand.uscourts.gov/adr;
(2) Discussed with each other the available dispute resolution options provided by
the Court and private entities; and
(3) Considered whether their case might benefit from any of the available dispute
resolution options.
Counsel must further certify that they have discussed selection of an ADR process and
an appropriate deadline for an ADR session with counsel for the other parties to the
case and shall indicate whether they intend to stipulate to an ADR process and deadline
or prefer to discuss ADR selection with the assigned Judge at the case management
conference.
Cross Reference
See ADR L.R. 3-5.
Commentary
Certification forms and the document entitled “Alternative Dispute Resolution Procedures
Handbook” are available on the Court’s ADR webpage at cand.uscourts.gov/adr. The
Clerk’s Office will print copies upon request for pro se parties.
(c) Stipulation to ADR Process. If the parties agree to participate in an ADR process and
they wish the Court to make an ADR referral in advance of the case management
conference, they may file a Stipulation and Proposed Order selecting an ADR process.
(d) Selection at Case Management Conference.
(1) Consideration of ADR Processes. Counsel must include in their joint case
management statement a report on the status of ADR, specifying which ADR
process option they have selected and a proposed deadline by which the parties
will conduct the ADR session or, if they do not agree, setting forth which option
and timing each party prefers. Unless the assigned Judge already has approved a
stipulation to an ADR process, counsel must be prepared to discuss all of the
subjects about which they were required to meet and confer under ADR L.R. 3-
5(a). If the ADR legal staff holds an ADR Phone Conference in advance of the

initial case management conference, they ordinarily will make a recommendation
to the assigned Judge.
(2) Selection by Stipulation or Order. If the parties agree to a particular ADR
process at the case management conference and the assigned Judge approves, the
Judge will issue an order referring the case to that process. Alternatively, even if
the parties do not agree, the Judge may issue an order referring the case to Early
Neutral Evaluation (ENE), Mediation, or a Settlement Conference.
(3) Deferred Referral or Exemption. If, considering the views of the parties, the
Judge at the case management conference concludes that the case is not ripe for
an ADR referral or that no ADR process is likely to deliver benefits to the parties
sufficient to justify the resources devoted to it, the Judge may defer making an
ADR referral or may exempt the case from participating in any ADR process.
(e) ADR Phone Conference. An ADR Phone Conference conducted by a member of the ADR
legal staff may be set to assist the parties or the assigned Judge in selecting or customizing an
ADR process, in aid of the administration of a case that has been referred to an ADR process,
or as otherwise directed by the Court. An ADR Phone Conference may be set at the request
of the parties on the form established for that purpose by the Court, by referral from the
assigned Judge, or at the initiative of the ADR legal staff.
Cross Reference
See ADR L.R. 3-5 “Selecting an ADR Process” and ADR L.R. 3-5(d) “Selection
Through ADR Phone Conference.”
Commentary
Forms for “ADR Certification,” “Stipulation to an ADR Process” and “Request for ADR
Telephone Conference” are available on the Court’s ADR webpage at
cand.uscourts.gov/adr. The Clerk’s Office will print copies upon request for pro se parties
for a nominal fee.
16-9. Case 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 Joint Case
Management Statement addressing all of the topics set forth in the Standing Order for
All Judges of the Northern District of California – Contents of Joint Case Management
Statement, which can be found on the Court’s website located at
cand.uscourts.gov/forms. If one or more of the parties is not represented by counsel, the
parties may file separate case management statements. If a party is unable, despite
reasonable efforts, to obtain the cooperation of another party in the preparation of a
joint statement, the complying party may file a separate case management statement,
accompanied by a declaration describing the conduct of the uncooperative party which
prevented the preparation of a joint statement. Separate statements must also address all
of the topics set forth in the Standing Order referenced above.
(b) Case Management Statement in Class Action. Any party seeking to maintain a case
as a class action must include in the Case Management Statement required by Civil
L.R. 16-9(a) the following additional information:
(1) The specific paragraphs of Fed. R. Civ. P. 23 under which the action is
maintainable as a class action;
(2) A description of the class or classes in whose behalf the action is brought;
(3) Facts showing that the party is entitled to maintain the action under Fed. R. Civ.
P. 23(a) and (b); and

(4) A proposed date for the Court to consider whether the case can be maintained as
a class action.
16-10. Case Management Conference
(a) Initial Case Management Conference. Unless otherwise ordered, no later than the
date specified in the Order Setting Initial Case Management Conference, the Court will
conduct an initial Case Management Conference. Subject to 28 U.S.C. § 636, the
assigned District Judge may designate a Magistrate Judge to conduct the initial Case
Management Conference and other pretrial proceedings in the case. Unless excused by
the Judge, lead trial counsel for each party must attend the initial Case Management
Conference. Requests to participate in the conference remotely (e.g., telephonic or
videoconference) must be filed and served at least 7 days before the conference or in
accordance with the Standing Orders of the assigned Judge.
(b) Case Management Orders. After a Case Management Conference, the Judge will
enter a Case Management Order or sign the Joint Case Management Statement and
Proposed Order submitted by the parties. This order will comply with Fed. R. Civ. P.
16(b) and will identify the principal issues in the case, establish deadlines for joining
parties and amending pleadings, identify and set the date for filing any motions that
should be considered early in the pretrial period, establish a disclosure and discovery
plan, set appropriate limits on discovery, and refer the case to ADR unless such a
referral would be inappropriate. In addition, in the initial Case Management Order or in
any subsequent case management order, the Court may establish deadlines for:
(1) Commencement and completion of any ADR proceedings;
(2) Disclosure of proposed expert or other opinion witnesses pursuant to Fed. R. Civ.
P. 26(a)(2), as well as supplementation of such disclosures;
(3) Conclusion of pretrial discovery and disclosure;
(4) Hearing pretrial motions;
(5) Counsel to meet and confer to prepare joint final pretrial conference statement
and proposed order and coordinated submission of trial exhibits and other
material;
(6) Filing joint final pretrial conference statement and proposed order;
(7) Lodging exhibits and other trial material, including copies of all exhibits to be
offered and all schedules, summaries, diagrams and charts to be used at the trial
other than for impeachment or rebuttal. Each proposed exhibit must be
premarked for identification. Upon request, a party must make the original or the
underlying documents of any exhibit available for inspection and copying;
(8) Serving and filing briefs on all significant disputed issues of law, including
procedural and evidentiary issues;
(9) In jury cases, serving and filing requested voir dire questions, jury instructions,
and forms of verdict; or in court cases, serving and filing proposed findings of
fact and conclusions of law;
(10) Serving and filing statements designating excerpts from depositions (specifying
the witness and page and line references), from interrogatory answers and from
responses to requests for admission to be offered at the trial other than for
impeachment or rebuttal;

(11) A date by which parties objecting to receipt into evidence of any proposed
testimony or exhibit must advise and confer with the opposing party with respect
to resolving such objection;
(12) A final pretrial conference and any necessary Court hearing to consider
unresolved objections to proposed testimony or exhibits;
(13) A trial date and schedule;
(14) Determination of whether the case will be maintained as a class action; and
(15) Any other activities appropriate in the management of the case, including use of
procedures set forth in the Manual for Complex Litigation.
(c) Subsequent Case Management Conferences. Pursuant to Fed. R. Civ. P. 16, the
assigned Judge or Magistrate Judge may, sua sponte or in response to a stipulated
request or motion, schedule subsequent case management conferences during the
pendency of an action. Each party must be represented at such subsequent case
management conferences by counsel having authority with respect to matters under
consideration.
(d) Subsequent Case Management Statements. Unless otherwise ordered, no fewer than
7 days before any subsequent case management conference, the parties must file a Joint
Case Management Statement, reporting progress or changes since the last statement
was filed and making proposals for the remainder of the case development process.
Such statements must report the parties’ views about whether using some form of ADR
would be appropriate.

23. CLASS ACTIONS
23-1. Private Securities Actions
(a) Filing and Serving Required Notices. Not later than 21 days after filing the complaint
in any action governed by the Private Securities Litigation Reform Act of 1995, Pub. L.
No. 104-67, 109 Stat. 737 (1995), the party filing that complaint and seeking to serve
as lead plaintiff must serve and file a copy of any notice required by the Act.
Cross Reference
See Civil L.R. 3-7 “Civil Cover Sheet and Certification in Private Securities Actions.”
(b) Motion to Serve as Lead Plaintiff. Not later than 60 days after publication of the
notices referred to in Civil L.R. 23-1(a), any party seeking to serve as lead plaintiff
must serve and file a motion to do so. The motion must set forth whether the party
claims entitlement to the presumption set forth in section 27(a)(3)(B)(iii)(I) of the
Securities Act or section 21D(a)(3)(B)(iii)(I) of the Securities Exchange Act or that the
presumption is rebutted and the reasons therefor.
Commentary
A “Model Stipulation and Proposed Consolidation Order for Securities Fraud Class
Actions” is available from the Clerk in civil actions containing a claim governed by the
Private Securities Litigation Reform Act of 1995, Pub. L. No. 104-67, 109 Stat. 737
(1995), and is part of the materials provided to the filing party for service on all parties in
the action pursuant to Civil L.R. 4-2. See also the Court’s “Forms” page at:
cand.uscourts.gov/forms.

26. GENERAL PROVISIONS GOVERNING DISCOVERY
26-1. Custodian 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 original response. That
party shall be the custodian of these materials. Fed. R. Civ. P. 30(f) identifies the custodian of
the original transcript or recording of a deposition.
Commentary
Counsel should consider stipulating to sharing computer-readable copies of discovery
requests, such as interrogatories and requests for production of documents, as well as
responses to such requests, to save costs and to facilitate expeditious pretrial discovery.

30. DEPOSITIONS
30-1. Required Consultation Regarding Scheduling
For the convenience of witnesses, counsel, and parties, before noticing a deposition of a party
or witness affiliated with a party, the noticing party must confer about the scheduling of the
deposition with opposing counsel or, if the party is pro se, the party. A party noticing a
deposition of a witness who is not a party or affiliated with a party must also meet and confer
about scheduling, but may do so after serving the nonparty witness with a subpoena.
30-2. Numbering 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.
(b) Sequential Numbering of Exhibits. Documents identified as exhibits during the
course of depositions and at trial must be numbered and organized as follows:
(1) At the outset of the case, counsel must meet and confer regarding the sequential
numbering system that will be used for exhibits throughout the litigation,
including trial.
(2) If the pages of an exhibit are not numbered internally and it is necessary to
identify pages of an exhibit, then each page must receive a page number
designation preceded by the exhibit number (e.g., Exhibit 100-2, 100-3, 100-4).
(3) To the extent practicable, any exhibit which is an exact duplicate of an exhibit
previously numbered must bear the same exhibit number regardless of which
party is using the exhibit. Any version of any exhibit which is not an exact
duplicate must be marked and treated as a different exhibit, bearing a different
exhibit number.
(4) In addition to exhibit numbers, documents may bear other numbers or letters
used by the parties for internal control purposes.

33. INTERROGATORIES
33-1. Form of Answers and Objections
Answers and objections to interrogatories must set forth each question in full before each
answer or objection.
33-2. Demands 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.
Civ. P. 36 will be treated as a separate discovery request (an interrogatory) and is allowable
only to the extent that a party is entitled to propound additional interrogatories.
Cross Reference
To the same effect, see Civil L.R. 36-2.
Commentary
Under Fed. R. Civ. P. 36, a party is not required to set forth the basis for an unqualified
denial.
33-3. Motions for Leave to Propound More Interrogatories Than Permitted by Fed. R.
Civ. P. 33
A motion for leave to propound more interrogatories than permitted by Fed. R. Civ. P. 33
must be accompanied by a memorandum which sets forth each proposed additional
interrogatory and explains in detail why it is necessary to propound the additional questions.

34. PRODUCTION OF DOCUMENTS AND THINGS
34-1. Form 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 objection.

36. REQUESTS FOR ADMISSION
36-1. Form of Responses to Requests for Admission
Responses to requests for admission must set forth each request in full before each response
or objection.
36-2. Demands 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 request (an interrogatory) and is allowable only to the extent that a
party is entitled to propound additional interrogatories.
Cross Reference
To the same effect, see Civil L.R. 33-2.
Commentary
Under Fed. R. Civ. P. 36, a party is not required to set forth the basis for an unqualified
denial.

37. MOTIONS TO COMPEL DISCLOSURE OR
DISCOVERY OR FOR SANCTIONS
37-1. Procedures 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. Civ. P.
37, counsel have previously conferred for the purpose of attempting to resolve all
disputed issues. If counsel for the moving party seeks to arrange such a conference and
opposing counsel refuses or fails to confer, the Judge may impose an appropriate
sanction, which may include an order requiring payment of all reasonable expenses,
including attorney’s fees, caused by the refusal or failure to confer.
(b) Requests for Intervention During a Discovery Event. If a dispute arises during a
discovery event the parties must attempt to resolve the matter without judicial
intervention by conferring in good faith. If good faith negotiations between the parties
fail to resolve the matter, and if disposition of the dispute during the discovery event
likely would result in substantial savings of expense or time, counsel or a party may
contact the chambers of the assigned District Judge or Magistrate Judge to ask if the
Judge is available to address the problem through a telephone conference during the
discovery event.
37-2. Form 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
immediately by the objections and/or responses thereto. For each such request, the moving
papers must detail the basis for the party’s contention that it is entitled to the requested
discovery and must show how the proportionality and other requirements of Fed. R. Civ. P.
26(b)(2) are satisfied.
37-3. Discovery 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 written discovery are due and by
which all depositions must be concluded.
Where the Court has set a single discovery cut-off for both fact and expert discovery, no
discovery-related motions may be filed more than 7 days after the discovery cut-off.
Where the Court has set separate deadlines for fact and expert discovery, no motions related
to fact discovery may be filed more than 7 days after the fact discovery cut-off, and no
motions related to expert discovery may be filed more than 7 days after the expert discovery
cut-off.
Discovery requests that call for responses or depositions after the applicable discovery cut-off
are not enforceable, except by order of the Court for good cause shown.
Commentary
Counsel should initiate discovery requests and notice depositions sufficiently in advance
of the cut-off date to comply with this local rule. “Discovery-related motions”
encompasses all motions relating to discovery, including motions to compel or protect
against discovery, motions regarding the duty to preserve documents, including spoliation
motions, motions to quash or enforce subpoenas, and motions for discovery sanctions.

37-4. Motions 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. P. 37, the motion must:
(a) Comply with Civil L.R. 7-8 and Civil L.R. 7-2; and
(b) Be accompanied by competent declarations which:
(1) Set forth the facts and circumstances that support the motion;
(2) Describe in detail the efforts made by the moving party to secure compliance
without intervention by the Court; and
(3) If attorney fees or other costs or expenses are requested, itemize with
particularity the otherwise unnecessary expenses, including attorney fees, directly
caused by the alleged violation or breach, and set forth an appropriate
justification for any attorney-fee hourly rate claimed.

40. TRIAL
40-1. Continuance 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 the provisions of Civil L.R. 7. Failure of a
party to proceed with the trial on the scheduled trial date may result in the assessment of jury
costs and the imposition of appropriate sanctions, including dismissal or entry of default. Jury
costs may be also assessed for failure to provide the Court with timely notice of a settlement.
Commentary
Counsel should consult any Standing Orders issued by the assigned Judge with respect to
the conduct of trial. Such orders are available on the individual Judges’ pages of the
Court’s website: cand.uscourts.gov/judges.

54. COSTS
54-1. Filing of Bill of Costs
(a) Time for Filing and Content. No later than 14 days after entry of judgment or order
under which costs may be claimed, a prevailing party claiming taxable costs must serve
and file a bill of costs. The bill must state separately and specifically each item of
taxable costs claimed. It must be supported by an affidavit, pursuant to 28 U.S.C.
§1924, that the costs are correctly stated, were necessarily incurred, and are allowable
by law. Appropriate documentation to support each item claimed must be attached to
the bill of costs.
(b) Effect of Service. Service of bill of costs shall constitute notice pursuant to Fed. R.
Civ. P. 54(d), of a request for taxation of costs by the Clerk.
(c) Waiver of Costs. Any party who fails to file a bill of costs within the time period
provided by this rule will be deemed to have waived costs.
Commentary
The 14-day time period set by this rule is inapplicable where a statute authorizing costs
establishes a different time deadline, (e.g., 28 U.S.C. § 2412(d)(1)(B) (setting 30 days
from final judgment as time limit to file for fees under Equal Access to Justice Act)).
54-2. Objections 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
objections to any item of cost claimed in the bill, succinctly setting forth the grounds of
each objection.
(b) Meet and Confer Requirement. Any objections filed under this Local Rule must
contain a representation that counsel met and conferred in an effort to resolve
disagreement about the taxable costs claimed in the bill, or that the objecting party
made a good faith effort to arrange such a conference.
54-3. Standards for Taxing Costs
(a) Fees for Filing and Service of Process
(1) The Clerk’s filing fee is allowable if paid by the claimant.
(2) Fees of the marshal as set forth in 28 U.S.C. § 1921 are allowable to the extent
actually incurred. Fees for service of process by someone other than the marshal
acting pursuant to Fed. R. Civ. P. 4(c) are allowable to the extent reasonably
required and actually incurred.
(b) Reporters’ Transcripts
(1) The cost of transcripts necessarily obtained for an appeal is allowable.
(2) The cost of a transcript of a statement by a Judge from the bench which is to be
reduced to a formal order prepared by counsel is allowable.
(3) The cost of other transcripts is not normally allowable unless, before it is
incurred, it is approved by a Judge or stipulated to be recoverable by counsel.
(c) Depositions
(1) The cost of an original and one copy of any deposition (including videotaped
depositions) taken for any purpose in connection with the case is allowable.

(2) The expenses of counsel for attending depositions are not allowable.
(3) The cost of reproducing exhibits to depositions is allowable if the cost of the
deposition is allowable.
(4) Notary fees incurred in connection with taking depositions are allowable.
(5) The attendance fee of a reporter when a witness fails to appear is allowable if the
claimant made use of available process to compel the attendance of the witness.
(d) Reproduction and Exemplification
(1) The cost of reproducing and certifying or exemplifying government records used
for any purpose in the case is allowable.
(2) The cost of reproducing disclosure or formal discovery documents when used for
any purpose in the case is allowable.
(3) The cost of reproducing copies of motions, pleadings, notices, and other routine
case papers is not allowable.
(4) The cost of reproducing trial exhibits is allowable to the extent that a Judge
requires copies to be provided.
(5) The cost of preparing charts, diagrams, videotapes, and other visual aids to be
used as exhibits is allowable if such exhibits are reasonably necessary to assist
the jury or the Court in understanding the issues at the trial.
(e) Witness Expenses. Per diem, subsistence, and mileage payments for witnesses are
allowable to the extent reasonably necessary and provided for by 28 U.S.C. § 1821. No
other witness expenses, including fees for expert witnesses, are allowable.
(f) Fees for Masters and Receivers. Fees to masters and receivers are allowable.
(g) Costs on Appeal. Other costs not provided for in these Rules but authorized under Fed.
R. App. P. 39 are allowable.
(h) Costs of Bonds and Security. Premiums on undertaking bonds and costs of providing
security required by law, by order of a Judge, or otherwise necessarily incurred are
allowable.
54-4. Determination of Taxable Costs
(a) Supplemental Documentation. The Clerk may require and consider further affidavits
and documentation as necessary to determine allowable costs.
(b) Taxation of Costs. No sooner than 14 days after a bill of costs has been filed, the Clerk
shall tax costs after considering any objections filed pursuant to Civil L.R. 54-2. Costs
shall be taxed in conformity with 28 U.S.C. §§ 1920 and 1923, Civil L.R. 54-3, and all
other applicable statutes and rules. On the bill of costs or in a separate notice, the Clerk
shall indicate which, if any, of the claimed costs are allowed and against whom such
costs are allowed. The Clerk shall serve copies of the notice taxing costs on all parties
on the day in which costs are taxed.
54-5. Motion 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
otherwise ordered by the Court after a stipulation to enlarge time under Civil L.R. 6-2
or a motion under Civil L.R. 6-3. Filing an appeal from the judgment does not extend
the time for filing a motion. Counsel for the respective parties must meet and confer for

the purpose of resolving all disputed issues relating to attorney’s fees before making a
motion for award of attorney’s fees.
Commentary
Fed. R. Civ. P. 54(d)(2)(B) sets a time period of 14 days from the entry of judgment to
file a motion for attorney’s fees. Counsel who desire to seek an order extending the time
to file such a motion, either by stipulation (See Civil L.R. 6-2) or by motion (See Civil
L.R. 6-3), are advised to seek such an order as expeditiously as practicable.
(b) Form of Motion. Unless otherwise ordered, the motion for attorney fees must be
supported by declarations or affidavits containing the following information:
(1) A statement that counsel have met and conferred for the purpose of attempting to
resolve any disputes with respect to the motion or a statement that no conference
was held, with certification that the applying attorney made a good faith effort to
arrange such a conference, setting forth the reason the conference was not held;
and
(2) A statement of the services rendered by each person for whose services fees are
claimed, together with a summary of the time spent by each person, and a
statement describing the manner in which time records were maintained.
Depending on the circumstances, the Court may require production of an abstract
of or the contemporary time records for inspection, including in camera
inspection, as the Judge deems appropriate; and
(3) A brief description of relevant qualifications and experience and a statement of
the customary hourly charges of each such person or of comparable prevailing
hourly rates or other indication of value of the services.

56. SUMMARY JUDGMENT
56-1. Notice of Motion
Motions for summary judgment or summary adjudication and opposition to such motions
must be noticed as provided in Civil L.R. 7-2 and 7-3.
56-2. Separate 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 statement of
undisputed facts shall be submitted.
(b) Procedure if Joint Statement Ordered. If the assigned Judge orders the submission
of a joint statement of undisputed facts, the parties shall confer and submit, on or
before a date set by the assigned Judge, a joint statement of undisputed facts. If the
nonmoving party refuses to join in the statement, the moving party will nevertheless be
permitted to file the motion, accompanied by a separate declaration of counsel
explaining why a joint statement was not filed. Whether or not sanctions should be
imposed for failure to file a joint statement of undisputed facts is a matter within the
discretion of the assigned Judge.
56-3. Issues 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 trial
of the case, unless the Court so specifies.

65. INJUNCTIONS
65-1. Temporary 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 authorities in support of the motion;
(3) The proposed temporary restraining order and order to show cause;
(4) Other supporting documents that the party wishes the Court to consider; and
(5) A declaration by counsel certifying that notice has been provided to the opposing
party, or explaining why such notice could not be provided.
(b) [Withdrawn].
(c) Form of Temporary Restraining Order. The moving party must include both a
proposed temporary restraining order and a proposed order to show cause setting the
time and date for a hearing on a motion for preliminary injunction, which shall be
scheduled pursuant to Fed. R. Civ. P. 65(b). Proposed orders submitted under this Rule
must provide a place for the Judge to set a deadline by which the temporary restraining
order and all supporting pleadings and papers must be served upon the adverse party.
(d) Notification to Clerk.
(1) The filing party should alert the Court to the filing of a motion for temporary
restraining order by emailing or calling the courtroom deputy clerk for the judge
assigned to the case.
(2) Motions filed after hours or on weekends must follow instructions provided in ECF.
65-2. Motion for Preliminary Injunction
Motions for preliminary injunctions unaccompanied by a temporary restraining order are
governed by Civil L.R. 7-2.

65.1 SECURITY
65.1-1. Security
(a) When Required. Upon demand of any party, where authorized by law and for good
cause shown, the Court may require any party to furnish security for costs which can be
awarded against such party in an amount and on such terms as the Court deems
appropriate.
(b) Qualifications of Surety. Every bond must have as surety either:
(1) A corporation authorized by the Secretary of the Treasury of the United States to
act as surety on official bonds under 31 U.S.C. §§ 9301-9306;
(2) A corporation authorized to act as surety under the laws of the State of
California;
(3) Two natural persons, who are residents of the Northern District of California,
each of whom separately own real or personal property not exempt from
execution within the district. (The total value of these two persons’ property
should be sufficient to justify the full amount of the suretyship); or
(4) A cash deposit of the required amount made with the Clerk and filed with a bond
signed by the principals.
(c) Court Officer as Surety. No Clerk, marshal or other employee of the Court may be
surety on any bond or other undertaking in this Court. No member of the bar of this
Court appearing for a party in any pending action may be surety on any bond or other
undertaking in that action. However, cash deposits on bonds may be made by members
of the bar of this Court on certification that the funds are the property of a specified
person who has signed as surety on the bond. Upon exoneration of the bond, such
monies shall be returned to the owner and not to the attorney.
(d) Examination of Surety. Any party may apply for an order requiring any opposing
party to show cause why it should not be required to furnish further or different
security, or to require the justification of personal sureties.

66. PREJUDGMENT REMEDIES
66-1. Appointment 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.
(b) Temporary Receiver. A temporary receiver may be appointed with less notice than
required by Civil L.R. 7-2 or, in accordance with the requirements and limitations of
Fed. R. Civ. P. 65(b), without notice to the party sought to be subjected to a
receivership or to creditors.
(c) Permanent Receiver. Concurrent with the appointment of a temporary receiver or
upon motion noticed in accordance with the requirements of Civil L.R. 7-2, the Judge
may, upon a proper showing, issue an order to show cause, requiring the parties and the
creditors to show cause why a permanent receiver should not be appointed.
(d) Parties to be Notified. Within 7 days of the issuance of the order to show cause, the
defendant must provide to the temporary receiver or, if no temporary receiver has been
appointed, to the plaintiff, a list of the defendant’s creditors, and their addresses. Not
less than 14 days before the hearing on the order to show cause, notice of the hearing
must be mailed to the listed creditors by the temporary receiver, or, if none, by the
plaintiff.
(e) Bond. The Court may require any appointed receiver to furnish a bond in such amount
as the Court deems reasonable.
66-2. Employment of Attorneys, Accountants or Investigators
The receiver may not employ an attorney, accountant, or investigator without a Court order.
The compensation of all such employees shall be fixed by the Court.
66-3. Motion for Fees
All motions for fees for services rendered in connection with a receivership must set forth in
reasonable detail the nature of the services. The motion must include as an exhibit an
itemized record of time spent and services rendered.
66-4. Deposit 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. The account title shall include the case
name and number. At the end of each month, the receiver must deliver to the Clerk a
statement of account, copies of canceled checks, and any other records of transactions.
66-5. Reports
Within 30 days of appointment, a permanent receiver must serve and file with the Court a
verified report and petition for instructions. The report and petition must contain a summary
of the operations of the receiver, an inventory of the assets and their appraised value, a
schedule of all receipts and disbursements, and a list of all creditors, their addresses and the
amounts of their claims. The petition must contain the receiver’s recommendation as to the
continuance of the receivership and reasons therefor. At the hearing, the Judge will determine
whether the receivership will be continued and, if so, will set a schedule for future reports of
the receiver.
66-6. Notice 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:

(a) Petitions for instructions;
(b) Petitions for the payment of dividends to creditors;
(c) Petitions for confirmation of sales of property;
(d) Reports of the receiver;
(e) Motions for fees of the receiver or of any attorney, accountant or investigator, the
notice to state the services performed and the fee requested; and
(f) Motions for discharge of the receiver.

72. MAGISTRATE JUDGES; PRETRIAL ORDERS
72-1. Powers of Magistrate Judge
Each Magistrate Judge appointed by the Court is authorized to exercise all powers and
perform all duties conferred upon Magistrate Judges by 28 U.S.C. § 636, by the local rules of
this Court, and by any written order of a District Judge designating a Magistrate Judge to
perform specific statutorily authorized duties in a particular action.
72-2. Motion 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.
§ 636(b)(1)(A) must be made as a “Motion for Relief from Nondispositive Pretrial Order
of Magistrate Judge.”
(b) Contents of Motion. Any motion filed pursuant to this rule may not exceed 5 pages (not
including declarations and exhibits) and must include:
(1) A specific statement of the portions of the Magistrate Judge’s findings,
recommendation, or report to which an objection is made;
(2) A statement of the Court action requested;
(3) A statement of the reasons and authority supporting the motion; and
(4) A proposed order.
(c) Service of Motion. The moving party must deliver any manually filed motion and all
attachments to all other parties on the same day that the motion is filed.
(d) Opportunity for Response; Ruling on Motion. Unless otherwise ordered by the
assigned District Judge, no response need be filed and no hearing will be held
concerning the motion. The District Judge may deny the motion by written order at any
time, but may not grant it without first giving the opposing party an opportunity to
respond. If no order denying the motion or setting a briefing schedule is made within
14 days of filing the motion, the motion shall be deemed denied. The Clerk shall notify
parties when a motion has been deemed denied.
72-3. Motion 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) must be made as a “Motion for De Novo Determination
of Dispositive Matter Referred to Magistrate Judge.” The motion must be made
pursuant to Civil L.R. 7-2 and must specifically identify the portions of the Magistrate
Judge’s findings, recommendation, or report to which objection is made and the
reasons and authority supporting the motion.
(b) Associated Administrative Motions. At the time a party files a motion under Civil L.
R. 72-3(a) or a response, the party may accompany it with a separately filed motion for
“Administrative Motion to Augment the Record” or an “Administrative Motion for an
Evidentiary Hearing.” Any associated administrative motion must be made in
accordance with Civil L.R. 7-11.
(c) Record before District Judge. Except when the Court grants a motion under Civil
L.R. 72-3(b), the Court’s review and determination of a motion filed pursuant to Civil
L.R. 72-3(a) shall be upon the record of the proceedings before the Magistrate Judge.

Commentary
Procedures governing review of a pretrial order by a Magistrate Judge on matters not
dispositive of a claim or defense are governed by Fed. R. Civ. P. 72(a) and 28 U.S.C. §
636(b)(1)(A). Procedures governing consideration of a Magistrate Judge’s findings,
report and recommendations on pretrial matters dispositive of a claim or defense are
governed by Fed. R. Civ. P. 72(b) and 28 U.S.C. § 636(b)(1)(B) & (C).

73. MAGISTRATE JUDGES; TRIAL BY CONSENT
73-1. Time for Consent to Magistrate Judge
(a) Cases Initially Assigned to a Magistrate Judge. In cases that are initially assigned to a
Magistrate Judge, unless the Clerk or the Magistrate Judge has set a different deadline in an
individual case:
(1) Parties must either file written consent to the jurisdiction of the Magistrate Judge, or
request reassignment to a District Judge, by the deadline for filing the initial case
management conference statement.
(2) If a motion that cannot be heard by the Magistrate Judge without the consent of the
parties, pursuant to 28 U.S.C. § 636(c), is filed prior to the initial case management
conference, the parties must either file written consent to the jurisdiction of the
Magistrate Judge, or request reassignment to a District Judge, no later than 7 days after
the motion is filed.
(b) Cases Initially Assigned to a District Judge. In cases that are assigned to a District Judge,
the parties may consent at any time to the Court reassigning the case to a Magistrate Judge
for all purposes, including entry of final judgment, pursuant to 28 U.S.C. § 636(c).

77. DISTRICT COURT AND CLERK
77-1. Locations 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 Francisco, California 94102.
(2) The Office of the Clerk for the Oakland Division is located at the Ronald V.
Dellums Federal Building and United States Courthouse, 1301 Clay Street,
Oakland, California 94612.
(3) The Office of the Clerk for the San Jose Division is located at the Robert F.
Peckham Federal Building and United States Courthouse, 280 South First Street,
San Jose, California 95113.
(4) The Eureka-McKinleyville United States Courthouse is located at 3140 Boeing
Avenue, McKinleyville, California 95519. There is no Office of the Clerk in the
Eureka-McKinleyville Courthouse.
(b) Hours. The regular hours of the Offices of the Clerk are from 9:00 a.m. to 4:00 p.m.
each day except Saturdays, Sundays, and Court holidays. For current front desk hours,
see the Court’s website at cand.uscourts.gov.
Commentary
See Civil L.R. 5-4 regarding after-hours drop box filing.
77-2. Orders 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 may file such
orders as effective on a previous date when appropriate and as permitted by law. In addition,
the Clerk may sign and enter the following orders without further direction of a Judge:
(a) Orders specifically appointing persons to serve process in accordance with Fed. R. Civ.
P. 4;
(b) Orders on consent noting satisfaction of a judgment, providing for the payment of
money, withdrawing stipulations, annulling bonds, exonerating sureties, or setting aside
a default;
(c) Orders of dismissal on consent, with or without prejudice, except in cases to which
Fed. R. Civ. P. 23, 23.1, or 66 apply;
(d) Orders establishing a schedule for case management in accordance with Civil L.R. 16;
(e) Orders relating or reassigning cases on behalf of the Executive Committee; and
(f) Orders taxing costs pursuant to Civil L.R. 54-4.
Cross Reference
See ADR L.R. 4-11(d) “Nonbinding Arbitration; Entry of Judgment on Award.”
77-3. Photography and Public Broadcasting

Unless allowed by a District Judge or Magistrate Judge with respect to his or her own
chambers or assigned courtroom for ceremonial purposes, or for participation in a pilot or
other project authorized by the Judicial Council of the Ninth Circuit or the Judicial
Conference of the United States, photography, public broadcasting, televising, audio-

recording, or video-recording in the courtroom or its environs in connection with any judicial
proceeding is prohibited. Electronic transmittal of courtroom proceedings and presentation of
evidence within the confines of the courthouse is permitted if authorized by the presiding
Judge. The term “environs” as used in this rule means all floors on which chambers,
courtrooms, or Offices of the Clerk are located, with the exception of any space specifically
designated as a Press Room. Nothing in this rule is intended to restrict the use of electronic
means to receive or present evidence during Court proceedings.
77-4. Official 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 of
these local rules, or any matter requiring public notice. The Court may designate any one or a
combination of these media for purposes of giving notice as it deems appropriate:
(a) Bulletin Board. A bulletin board for posting of official notices shall be located at the
Office of the Clerk at each courthouse of this district.
(b) Website. The Court website located at cand.uscourts.gov is designated as the district’s
official website and may be used for the posting of official notices.
(c) Newspapers. The following newspapers are designated as official newspapers of the
Court for the posting of official notices:
(1) The Recorder; or
(2) The Daily Journal; or
(3) The San Jose Post-Record, for matters pending in the San Jose Division, in
addition to the newspapers listed in subparagraphs (1) and (2); or
(4) The Times Standard, for matters pending before a Judge sitting in Eureka.
77-5. Security of the Court
The Court, or any Judge, may from time to time make such orders or impose such
requirements as may be reasonably necessary to assure the security of the Court and of all
persons in attendance.
77-6. Weapons 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
confines of the courthouse, courtrooms, secured judicial corridors, and chambers of the
Court. When the United States Marshal deems it appropriate, upon notice to any
affected Judge, the Marshal may authorize duly authorized law enforcement officers to
carry weapons in the courthouse or courtroom.
(b) Use of Weapons as Evidence. In all cases in which a weapon is to be introduced as
evidence, before bringing the weapon into a courtroom, the United States Marshal or
Court Security Officer on duty must be notified. Before a weapon is brought into a
courtroom, it must be inspected by the United States Marshal or Court Security Officer
to ensure that it is inoperable and appropriately marked as evidence, and the assigned
Judge shall be notified of such inspection.
77-7. Court Library
The Court maintains a law library primarily for the use of Judges and personnel of the Court.
In addition, attorneys admitted to practice in this Court may use the library as needed for

actions or proceedings pending in the Court. The library is operated in accordance with such
rules and regulations as the Court may from time to time adopt.
77-8. Complaints 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 business of the
Court, or alleging that a Judge is unable to discharge all of the duties of office by reason of
mental or physical disability, may file with the Clerk of the Court for the United States Court
of Appeals for the Ninth Circuit a written complaint containing a brief statement of the facts
constituting such conduct. Upon request, the Clerk of this Court will provide to any person
wishing to file such a complaint:
(a) A copy of the Rules for Judicial-Conduct and Judicial-Disability Proceedings
promulgated by the Judicial Conference of the United States, and the Ninth Circuit
Judicial Council’s Local Rules for Misconduct Proceedings, both of which are
available at: ca9.uscourts.gov/misconduct/judicial_misconduct.php;
(b) A copy of the Ninth Circuit Judicial Council’s complaint form; and
(c) A pre-addressed envelope to the Clerk of Court for the Ninth Circuit Court of Appeals,
marked “COMPLAINT OF MISCONDUCT” or “COMPLAINT OF DISABILITY.”
No judge’s name may appear on the envelope.

79. BOOKS AND RECORDS KEPT BY THE CLERK
79-1. Transcript and Designation of Record on Appeal
If a party timely orders a transcript in accordance with the requirements of Fed. R. App. P.
10(b), but fails to make satisfactory arrangements to pay the court reporter at or before the
time of the order, the court reporter must promptly notify the Clerk of Court and the party.
Within 14 days after receipt of such notice from the court reporter, the party ordering the
transcript must make satisfactory arrangements for payment. The reporters’ transcript must be
filed within 28 days of the date such arrangements have been made. If the party fails to make
satisfactory arrangements for payment within 14 days, the Clerk of Court shall certify to the
Court of Appeals for the Ninth Circuit that the party has failed to comply with Fed. R. App.
P. 10(b)(4).
Cross Reference
See Ninth Circuit Rule 10-3 “Ordering the Reporter’s Transcript.”
79-2. Exclusions from Record on Appeal

The Clerk will not include in the record on appeal the following items unless their inclusion
is specifically requested in writing and supported by a brief statement of the reason therefor:
(a) Summonses and returns;
(b) Subpoenas and returns;
(c) Routine procedural motions and orders, such as motions for extensions of or shortening
time; and
(d) Routine procedural notices.
79-3. Files; Custody and Withdrawal
All files of the Court shall remain in the custody of the Clerk. The “original copy” of a
document filed via ECF is the electronic file stored on ECF. Physical documents belonging to
the files of the Court may be taken from the custody of the Clerk only in extraordinary
circumstances, by special order of a Judge and with a proper receipt signed by the person
obtaining the record or document.
79-4. Custody and Disposition of Exhibits and Transcripts
(a) Custody of Exhibits During Trial or Evidentiary Hearing. Unless the Court directs
otherwise, each exhibit admitted into evidence during a trial or other evidentiary
proceeding shall be held in the custody of the Clerk.
(b) Removal of Exhibits Upon Conclusion of Proceeding. The Court will retain custody
of admitted exhibits for 14 days after the conclusion of a proceeding (e.g., receipt of a
jury verdict). During this 14 day period, exhibits will be available for public
inspection. After this 14 day period expires, any exhibit placed in the custody of the
Clerk pursuant to Civil L.R. 79-4(a) must be removed within 5 days by the party that
submitted it into evidence. Unless otherwise permitted by the Court, the party that
submitted an exhibit into evidence must maintain custody of that exhibit until:
(1) 14 days after expiration of the time for filing a notice of appeal, if no notice of
appeal is filed in the proceeding by any party; or
(2) 14 days after a mandate issues from the Court of Appeals, if an appeal was taken
by any party to the proceeding.

(c) Disposition of Unclaimed Exhibits. Unless otherwise directed by the Court, the Clerk
may destroy or otherwise dispose of exhibits not reclaimed within 21 days after the
time set for removal under this rule.
79-5. Filing Documents Under Seal in Civil Cases
(a) Right of Access. The public has a right of access to the Court’s files. This local rule
applies in all instances where a party seeks to conceal information from the public by
filing a document, or portions of a document, under seal. A party must explore all
reasonable alternatives to filing documents under seal, minimize the number of
documents filed under seal, and avoid wherever possible sealing entire documents (as
opposed to merely redacting the truly sensitive information in a document).
(b) Necessity of Filing a Motion to Seal. A party must file a motion to seal a document at
the same time that the party submits the document. Filing a motion to seal permits the
party to provisionally file the document under seal, pending the Court’s ruling on the
motion to seal. A party need not file a motion to seal if a federal statute or a prior court
order in the same case expressly authorizes the party to file certain documents (or
portions of documents) under seal.
(c) Contents of Motion to Seal. 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. A motion to seal a party’s own document (as
opposed to a document designated as confidential by another party, as discussed in
subsection (f)) must be filed as an Administrative Motion to File Under Seal in
conformance with Civil L.R. 7-11. This requirement applies even if the motion is joined
by the opposing party. The motion must include the following:
(1) a specific statement of the applicable legal standard and the reasons for keeping a
document under seal, including an explanation of:
(i) the legitimate private or public interests that warrant sealing;
(ii) the injury that will result if sealing is denied; and
(iii) why a less restrictive alternative to sealing is not sufficient;
(2) evidentiary support from declarations where necessary; and
(3) a proposed order that is narrowly tailored to seal only the sealable material, and
which lists in table format each document or portion thereof that is sought to be
sealed.
(d) Procedure for Filing Declarations or Exhibits. Where the document to be sealed is a
declaration or an exhibit to a document filed electronically, an otherwise blank page
reading “EXHIBIT FILED UNDER SEAL” shall replace the exhibit in the document
filed on the public docket, and the exhibit to be filed under seal shall be filed separately
as an attachment to the Administrative Motion to File Under Seal.
(e) Procedure for Filing Pleadings and Briefs. Only in rare circumstances should a party
seek to file portions of a pleading or brief under seal. For redacted pleadings and briefs,
the following procedure applies:
(1) the party shall redact the confidential information from the pleading or brief filed on
the public docket; and

(2) the party shall file the unredacted pleading or brief under seal, as an attachment to
an Administrative Motion to File Under Seal. The unredacted version must include
the phrase “FILED UNDER SEAL” prominently marked on the first page and must
highlight the portions for which sealing is sought.
Motions to seal entire pleadings or briefs are strongly disfavored and will be granted
only in extraordinary circumstances.
(f) Motion to Consider Whether Another Party’s Material Should be Sealed. For any
document a party (“Filing Party”) seeks to seal because that document has been
designated as confidential by another party or non-party (the “Designating Party”), the
Filing Party must, instead of filing an Administrative Motion to File Under Seal, file an
Administrative Motion to Consider Whether Another Party’s Material Should Be
Sealed.
(1) This motion must identify each document or portions thereof for which sealing is
sought, but the Filing Party need not satisfy the showing required in subsection
(c)(1) above.
(2) In the event the Designating Party is not an ECF user in the case, the Filing Party
must serve the motion on the Designating Party the same day the motion is filed.
(3) Within 7 days of the motion’s filing, the Designating Party must file a statement
and/or declaration as described in subsection (c)(1). A failure to file a statement or
declaration may result in the unsealing of the provisionally sealed document
without further notice to the Designating Party.
(4) If any party wishes to file a response, it must do so no later than 4 days after the
Designating Party files its statement and/or declaration. Responses may not exceed
5 pages absent leave of the Court.
(5) In the event a single document contains various portions that more than one party
bears the burden of showing is sealable, the filing party must file separate motions
pursuant to 79-5(c) and 79-5(f) as appropriate. Each party must then satisfy its
own burden with respect to that portion of the document that it seeks to seal.
(6) Additionally, overly broad requests to seal may result in the denial of the motion.
(g) Effect and Duration of Court’s Ruling on Motion to Seal.
(1) When the Court grants a motion to seal or otherwise permits a document
to remain under seal, the document will remain under seal until further order of
the Court.
(2) When the Court denies a motion to seal, it will determine whether to consider the
information sought for sealing and require its public filing, permit its withdrawal
without considering the information, or order any other disposition it deems proper.

(3) Parties or non-parties may, at any time, file a motion requesting that the Court
unseal a document. If a motion to unseal is filed more than 3 years after the case is
closed, there will be a strong presumption that the document will be unsealed.
(h) Manual Filing of Sealed Documents. When a pro se party who is not an e-filer
wishes to manually file a document under seal, the pro se party shall place the
document and the Administrative Motion to File Under Seal in a sealed envelope,
marked with the case caption and the phrase “FILED UNDER SEAL.”

83. AMENDMENT OF THE LOCAL RULES
83-1. Method of Amendment
The local rules of this Court may be modified or amended by a majority vote of the active
Judges of the Court in accordance with the procedures set forth in this rule. New rules may be
proposed or existing rules may be amended at the suggestion of any judge or member of the
public, and will generally be vetted by the Local Rules Committee, which will make a
recommendation to the Court before a vote is taken. Attorney Advisory Committees will be
appointed to advise and assist the Court when called upon to do so by the Local Rules
Committee.
83-2. Procedure 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 Chief Judge, who
will refer the matter to the Local Rules Committee for consideration, unless the
circumstances warrant putting the matter immediately before the full Court.
(b) Publication. Before becoming effective, any proposed substantive modification of the
local rules shall be subject to public comment in accordance with Fed. R. Civ. P. 83
and posted on the Court’s website. Proposed amendments for form, style, grammar,
consistency, or any other non-substantive modifications, need not be submitted for
public comment.

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UNITED STATES DISTRICT COURT

Northern District of California

USDC Local Civil Rules – Effective February 2, 2023 CIV-1

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1. TITLE; SCOPE; DEFINITIONS

1-3. Effective Date

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3-5. Jurisdictional Statement

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3-11. Failure to Notify of Address Change

(b) Administrative Motion to Consider Whether Cases Should be Related. Whenever a

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3-15. Disclosure of Conflicts and Interested Entities or Persons

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4-2. Service of Supplementary Material

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(c) Registration, Appearance and Access

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(3) Completion of Filing. Electronic transmission of a document in compliance with

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(7) Chambers Copies. No chambers copy or “courtesy copy” of an electronically-

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5-5. Certificate of Service

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7-3. Opposition; Reply; Supplementary Material

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7-5. Affidavit or Declaration

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7-11. Motion for Administrative Relief

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11-5. Withdrawal from Case

USDC Local Civil Rules – Effective February 2, 2023 CIV-41

USDC Local Civil Rules – Effective February 2, 2023 CIV-42

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