Judge Ajay S. Krishnan
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- By Noon Next Day
Discovery Request
- 1 copy
Motion, Opposition, Reply
- 2 copies • Next Court Day
- 2 copies • Within Next Court Day
Communication
Chambers, Clerk
Chambers
Chambers
Phone
Chambers
Phone
Page & Word Limits23 rules
Unresolved discovery disputes require a joint statement (max 5 single-spaced pages, 12+ point font) detailing issues and proposed compromises.
- Joint statement
- Up to 5 pages
- Format
- Single-spaced; 12-point
Court's wording
If the parties are unable to reach a resolution, they must file a joint statement of at most 5 single-spaced pages (12-point font or greater) with 2.5 pages allotted per side that: (1) describes each unresolved issue; and (2) states each party’s final proposed compromise with respect to each unresolved issue.
statement of at most two pages.
- Page limit
- Up to 2 pages
Joint statement for discovery disputes limited to 5 single-spaced pages; supporting docs up to 15 pages.
- Joint statement
- Up to 5 pages
Court's wording
If the parties are unable to reach a resolution, they must file a joint statement of at most five single-spaced pages (12-point font or greater) that: (1) describes each unresolved issue; and (2) states each party’s final proposed compromise with respect to each unresolved issue. Each party may submit supporting declarations and documentation of up to fifteen pages.
Individual statements for discovery disputes limited to 2 pages, filed under Discovery Letter Brief.
- Discovery letter brief
- Up to 2 pages per party
Court's wording
In the rare event that the parties are unable to file a joint statement, each party may file a statement of at most two pages. The statement(s) must be filed in ECF under the Civil Events category of Motions and Related Filings > Motions: General > Discovery Letter Brief.
Joint statements for unresolved discovery disputes are limited to 5 single-spaced pages (12-point font or larger) with 2.5 pages per side.
- Joint statement
- Up to 5 pages
- Format
- Single-spaced; 12-point
Court's wording
If the parties are unable to reach a resolution, they must file a joint statement of at most 5 single-spaced pages (12-point font or greater) with 2.5 pages allotted per side that: (1) describes each unresolved issue; and (2) states each party’s final proposed compromise with respect to
In the rare event that the parties are unable to file a joint statement, each party may file a statement of at most two pages.
- Page limit
- Up to 2 pages per party
Each party may submit supporting declarations and documentation of up to fifteen pages.
- Supporting declarations
- Up to 15 pages per party
Discovery dispute joint statements are limited to 5 single-spaced pages with minimum 12-point font.
- Page limit
- Up to 5 pages
- Format
- Single-spaced; 12-point
- Discovery joint statement
Court's wording
If the parties are unable to reach a resolution, they must file a joint statement of at most five single-spaced pages (12-point font or greater) that: (1) describes each unresolved issue; and (2) states each party's final proposed compromise with respect to each unresolved issue.
Joint statement for unresolved discovery disputes limited to 5 single-spaced pages, 12-point font or greater.
- Joint statement
- Up to 5 pages
Court's wording
If the parties are unable to reach a resolution, they must file a joint statement of at most five single-spaced pages (12-point font or greater) that: (1) describes each unresolved issue; and (2) states each party’s final proposed compromise with respect to each unresolved issue.
File trial briefs not to exceed ten (10) pages that shall address controlling issues of law and any other issues that may arise during trial.
- Trial brief
- Up to 10 pages
No such brief may exceed ten pages.
- Page limit
- Up to 10 pages
By no later than 6:00 p.m. on the day before a witness testifies, each party may submit up to five (5) pages of briefing on all issues left unresolved after the preceding evening’s meet and confer.
- Trial briefing on unresolved issues
- Up to 5 pages per party
Joint Exhibit List limited to 75 exhibits; each party may have its own list of up to 75 additional exhibits.
Court's wording
The parties may jointly prepare and present a Joint Exhibit List containing no more than 75 exhibits that have been agreed upon by both parties as being pre-admitted exhibits at trial. Each individual party may also serve and present its own Party Exhibit List of no more than 75 additional exhibits.
Any party may submit an Additional Confidential Statement to the Court of up to 10 pages (excluding supporting exhibits), no later than eight (8) days prior to the Settlement Conference date.
- Additional confidential statement
- Up to 10 pages
Excluded from page count
- •Exhibits
The Settlement Conference Statement shall be submitted on pleading paper and may not exceed 20 pages (excluding supporting exhibits).
- Settlement conference statement
- Up to 20 pages
Excluded from page count
- •Exhibits
Joint discovery statements are limited to 5 single-spaced pages (12-point font or greater), with 2.5 pages allotted per side.
- Joint statement
- Up to 5 pages
- Format
- Single-spaced; 12-point
Court's wording
If the parties are unable to reach a resolution, they must file a joint statement of at most 5 single-spaced pages (12-point font or greater) with 2.5 pages allotted per side that: (1) describes each unresolved issue; and (2) states each party’s final proposed compromise with respect to
In the rare event that the parties are unable to file a joint statement, each party may file a statement of at most two pages.
- Page limit
- Up to 2 pages per party
File trial briefs not to exceed ten (10) pages that shall address controlling issues of law and any other issues that may arise during trial.
- Trial brief
- Up to 10 pages
Each party may submit supporting declarations and documentation of up to fifteen pages.
- Supporting declaration
- Up to 15 pages per party
If joint statement is not possible, each party may file a 2-page statement via ECF under Discovery Letter Brief.
- Discovery letter brief
- Up to 2 pages per party
Court's wording
In the rare event that the parties are unable to file a joint statement, each party may file a statement of at most two pages. The statement(s) must be filed in ECF under the Civil Events category of Motions and Related Filings > Motions: General > Discovery Letter Brief.
For each disputed instruction, the parties shall highlight the differences of the versions presented and provide brief argument—not to exceed one (1) page—in support of their preferred version.
- Page limit
- Up to 1 page
File a joint simplified Statement of the Case to be read to the jury during voir dire as part of the proposed jury instructions. Unless the case is extremely complex, this statement should not exceed one (1) page.
- Joint simplified statement of the case
- Up to 1 page
Each party may submit supporting declarations and documentation of up to fifteen pages.
- Declaration
- Up to 15 pages per party
Document Format Requirements15 rules
Proposed orders submitted by an e-filing party shall be submitted in Microsoft Word to askpo@cand.uscourts.gov.
- File type
- Word
- Proposed order
Formatting
- •Submit to askpo@cand.uscourts.gov via email
Filing Exhibits on ECF. When exhibits are included with a motion, opposition brief, or reply brief, the exhibits should be filed separately on ECF. For example, if a motion is Docket No. 30, and a declaration with 10 exhibits is Docket No. 31, Exhibit A should be filed as Docket No. 31-1, Exhibit B should be filed as Docket No. 31-2, and so on. All exhibits should be filed in a searchable OCR format when possible.
Proposed orders submitted by an e-filing party shall be submitted in Microsoft Word to askpo@cand.uscourts.gov.
- File type
- Word
- Proposed order
Formatting
- •Submit to askpo@cand.uscourts.gov
When exhibits are included with a motion, opposition brief, or reply brief, the exhibits should be filed separately on ECF. For example, if a motion is Docket No. 30, and a declaration with 10 exhibits is Docket No. 31, Exhibit A should be filed as Docket No. 31-1, Exhibit B should be filed as Docket No. 31-2, and so on.
- Exhibits
Formatting
- •Exhibits must be filed separately on ECF with sequential numbering
Exhibits must be labeled in the lower right-hand corner with the exhibit number in a prominent, bold typeface.
The Settlement Conference Statement shall be submitted on pleading paper and may not exceed 20 pages (excluding supporting exhibits). Please three-hole punch the document at the left side.
- Settlement conference statement
Formatting
- •Submitted on pleading paper
- •Three-hole punch at left side
Each party shall also submit their Settlement Conference Statement in .pdf format and email their statement to asksettlement@cand.uscourts.gov.
- File type
- Settlement conference statement
Formatting
- •Email to asksettlement@cand.uscourts.gov
Proposed orders submitted by an e-filing party shall be submitted in Microsoft Word to askpo@cand.uscourts.gov.
- File type
- Word
- Proposed order
Propounding parties must provide courtesy copies of written discovery requests to the responding party in an electronic, copyable format such as Microsoft Word.
Court's wording
The party propounding discovery shall provide courtesy copies of all requests for written discovery (i.e., interrogatories, document requests, requests for admission) to the responding party in an electronic format (e.g., Microsoft Word or other word processing application) that easily permits the responding party to copy the requests for purposes of responding to them.
All exhibits should be filed in a searchable OCR format when possible.
- Exhibits
Formatting
- •Searchable OCR format preferred
All exhibits should be filed in a searchable OCR format when possible.
- Exhibits
Formatting
- •Searchable OCR format when possible
All exhibits should be filed in a searchable OCR format when possible.
The Court requests that all hard-copy submissions be three-hole-punched.
Formatting
- •Three-hole-punched
Publication must be by poster blow-up, overhead projection, or such other method as is allowed in the circumstances.
It is permissible to highlight, circle or underscore in the enlargements as long as it is clear that such markings were not on the original.
Document Filing Requirements45 rules
file with the Clerk of the Court a certificate reflecting such service, in accordance with Civil Local Rule 5-5.
Joint statement for discovery disputes must include all unresolved issues and each party's final proposed compromise.
Court's wording
they must file a joint statement of at most 5 single-spaced pages (12-point font or greater) with 2.5 pages allotted per side that: (1) describes each unresolved issue; and (2) states each party’s final proposed compromise with respect to each unresolved issue.
Proposed orders must be submitted in Word format to askpo@cand.uscourts.gov, except for Civil L.R. 7-2 motions (except injunctive relief).
Court's wording
Proposed orders submitted by an e-filing party shall be submitted in Microsoft Word to askpo@cand.uscourts.gov. Proposed orders are not required for motions filed pursuant to Civil L.R. 7-2, except for motions seeking injunctive relief.
If a party files an amended pleading, it must file as an attachment a redline comparing the amended pleading against the last pleading.
(b) to file with the Clerk of the Court a certificate reflecting such service, in accordance with Civil Local Rule 5-5.
If a party files an amended pleading, it must file as an attachment a redline comparing the amended pleading against the last pleading.
Proposed orders are not required for motions filed pursuant to Civil L.R. 7-2, except for motions seeking injunctive relief.
Joint statements for unresolved discovery disputes must describe each unresolved issue and each party’s final proposed compromise.
Court's wording
they must file a joint statement of at most 5 single-spaced pages (12-point font or greater) with 2.5 pages allotted per side that: (1) describes each unresolved issue; and (2) states each party’s final proposed compromise with respect to
Privilege and work product claims must be detailed and informative, not generalized.
Court's wording
Claims of privilege or work product protection must be sufficiently detailed and informative to justify the privilege or protection claimed; generalized claims of privilege or work product protection are not permitted.
If parties believe a protective order is necessary, they shall when practicable use one of the model protective orders, available at https://cand.uscourts.gov/rules-forms-fees/northern-district-guidelines/model-protective-orders.
Stipulated protective order proposed orders must be accompanied by either a conformity statement or a redline with explanation of changes.
Court's wording
When parties ask the Court to approve a stipulated protective order, they must file with the proposed order either (i) a statement in which they confirm that the proposed protective order doesn’t differ in any respect from the model order, or (ii) a redline comparing the proposed protective order with the model order, along with an explanation of any changes.
Privilege logs shall be promptly provided, and updated periodically, as documents are reviewed for production.
Joint Case Management Statement must comply with Civil Local Rule 16-9 and the Northern District’s “Contents of Joint Case Management Statement” standing order.
Court's wording
No later than seven days before the initial case management conference, the parties shall file a Joint Case Management Statement in full compliance with Civil Local Rule 16-9 and the Northern District of California’s standing order entitled “Contents of Joint Case Management Statement.”
If a party files an amended pleading, it must file as an attachment a redline comparing the amended pleading against the last pleading.
Proposed orders must be submitted in Word format to specific email, except for most motions under Civil L.R. 7-2.
Court's wording
Proposed orders submitted by an e-filing party shall be submitted in Microsoft Word to askpo@cand.uscourts.gov. Proposed orders are not required for motions filed pursuant to Civil L.R. 7-2, except for motions seeking injunctive relief.
If a party files an amended pleading, it must file as an attachment a redline comparing the amended pleading against the last pleading.
Proposed orders submitted by an e-filing party shall be submitted in Microsoft Word to askpo@cand.uscourts.gov. Proposed orders are not required for motions filed pursuant to Civil L.R. 7-2, except for motions seeking injunctive relief.
- Document
- Motion
Must include
- •Proposed order
Stipulated protective orders require confirmation of no changes or redline with explanation.
Court's wording
When parties ask the Court to approve a stipulated protective order, they must file with the proposed order either (i) a statement in which they confirm that the proposed protective order doesn't differ in any respect from the model order, or (ii) a redline comparing the proposed protective order with the model order, along with an explanation of any changes.
Litigants and lawyers shall arrive at least ten minutes before their in-person or virtual hearing or conference to state their appearances to Judge Krishnan's Courtroom Deputy, Kim Means.
Proposed orders submitted by an e-filing party shall be submitted in Microsoft Word to askpo@cand.uscourts.gov.
One official set of record exhibits must be provided to the Court seven days before the Pretrial Conference, with label dividers and spine labels.
Court's wording
The parties shall provide the Court with one official set of the record exhibits seven days before the Pretrial Conference. Each exhibit must be separated with a label divider identifying the exhibit number. Spine labels should indicate the numbers of the exhibits that are in the binders.
Jury instruction requests must be renewed at the charging conference or they are waived; omitted instructions must be affirmatively re-requested.
Court's wording
Any instruction request must be renewed specifically at the conference or it will be deemed waived, whether or not it was requested prior to trial. If, however, a party still wishes to request an omitted instruction after reviewing the Court's draft, then it must affirmatively re-request it at the charging conference in order to give the Court a fair opportunity to correct any error. Otherwise, as stated, the request will be deemed abandoned or waived.
Parties must file a Joint Case Management Statement at least seven days before the initial case management conference, and updated statements seven days before each further conference.
Court's wording
No later than seven days before the initial case management conference, the parties shall file a Joint Case Management Statement in full compliance with Civil Local Rule 16-9 and the Northern District of California’s standing order entitled “Contents of Joint Case Management Statement.” For further case management conferences, the parties shall file an updated joint statement seven days before the scheduled conference.
If a party files an amended pleading, it must file as an attachment a redline comparing the amended pleading against the last pleading.
Proposed orders are not required for motions filed pursuant to Civil L.R. 7-2, except for motions seeking injunctive relief.
The parties must file a written request and proposed order no later than seven days prior to the beginning of trial if they wish to bring any such technology into the Courthouse.
- Document
- Technology request
Must include
- •Proposed order
All of a party’s in limine motions must be included in its opening brief
Parties must provide individual witness exhibit binders with two copies: one for the witness and one for the Court.
Court's wording
At trial, the parties shall provide individual witness exhibit binders which contain all the exhibits the parties expect to use with the witness. The parties shall provide two copies of each witness binder: one for the witness and one for the Court.
Counsel must consult with each other and with the deputy clerk at the end of each trial day and compare notes as to which exhibits are in evidence and any limitations thereon. If there are any differences, counsel should bring them promptly to the Court's attention. Before closing arguments, counsel must confer with the deputy clerk to make sure the exhibits in evidence are in good order.
Defendant must file a confidential statement at least 7 days before the settlement conference if it intends to assert inability or unwillingness to pay monetary compensation.
Court's wording
If a defendant plans to assert that it lacks resources and is unable to offer monetary compensation or that it otherwise does not intend to offer monetary compensation as part of a settlement, it must notify the Court of this in a confidential statement no later than seven (7) days prior to the Conference.
Settlement Conference Statement must include statement of facts, claims/defenses, proceedings summary, relief sought, key issues, settlement position, and attendee list.
Court's wording
The Settlement Conference Statement shall include at least the following: a. A brief statement of the facts of the case. b. A brief statement of the claims and defenses including, but not limited to, statutory or other grounds upon which the claims are founded, and a candid evaluation of the parties’ likelihood of prevailing on the claims and defenses; and a description of the major issues in dispute. c. A summary of the proceedings to date and any pending motions. d. The relief sought. e. Any discrete issue that, if resolved, would facilitate the resolution of the case. f. The party’s position on settlement, including present demands and offers and a history of past settlement discussions. g. A list of who will attend the Settlement Conference on behalf of each side, including counsel and insurance representatives.
If a party files an amended pleading, it must file as an attachment a redline comparing the amended pleading against the last pleading.
Filing & Service rules
Electronic Filing Rules
Discovery dispute statements must be filed in ECF under the specified Civil Events category.
The statement(s) must be filed in ECF under the Civil Events category of Motions and Related Filings > Motions: General > Discovery Letter Brief.
Page 3 | Discovery
Joint Proposed Final Pretrial Order, jury instructions, and verdict form must be submitted via email as Word attachments to askpo@cand.uscourts.gov.
The Joint Proposed Final Pretrial Order, jury instructions, and verdict form shall also be submitted via e-mail as Word attachments to askpo@cand.uscourts.gov.
Civil cases
Page 3 | III. Motions In Limine
Settlement Conference Statement must be lodged with chambers, not e-filed, at least 14 calendar days before the conference.
Each party shall prepare a Settlement Conference Statement, which must be LODGED with Judge Krishnan’s chambers (NOT electronically filed) no later than fourteen (14) calendar days prior to the Settlement Conference.
Civil cases
Page 2 | Settlement Conference Standing Order
To manually file documents, litigants should bring an original and three copies to the Clerk’s Office on the fourth floor of the Federal Courthouse in Oakland.
To manually file documents, litigants should bring an original and three copies to the Clerk’s Office on the fourth floor of the Federal Courthouse in Oakland.
Page 5
When exhibits are included with a motion, opposition brief, or reply brief, the exhibits should be filed separately on ECF. For example, if a motion is Docket No. 30, and a declaration with 10 exhibits is Docket No. 31, Exhibit A should be filed as Docket No. 31-1, Exhibit B should be filed as Docket No. 31-2, and so on. All exhibits should be filed in a searchable OCR format when possible.
When exhibits are included with a motion, opposition brief, or reply brief, the exhibits should be filed separately on ECF. For example, if a motion is Docket No. 30, and a declaration with 10 exhibits is Docket No. 31, Exhibit A should be filed as Docket No. 31-1, Exhibit B should be filed as Docket No. 31-2, and so on. All exhibits should be filed in a searchable OCR format when possible.
Page 2 | Motions
Pro se litigants may file documents manually by bringing an original and three copies to the Clerk's Office unless they are permitted ECF users.
Pro se litigants may file documents manually, unless they have applied for and been given permission to become an ECF user pursuant to Civil L.R. 5-1(b). To manually file documents, litigants should bring an original and three copies to the Clerk’s Office on the fourth floor of the Federal Courthouse in Oakland.
Page 4 | Parties Unrepresented by an Attorney
When exhibits are included with a motion, opposition brief, or reply brief, the exhibits should be filed separately on ECF. For example, if a motion is Docket No. 30, and a declaration with 10 exhibits is Docket No. 31, Exhibit A should be filed as Docket No. 31-1, Exhibit B should be filed as Docket No. 31-2, and so on. All exhibits should be filed in a searchable OCR format when possible.
When exhibits are included with a motion, opposition brief, or reply brief, the exhibits should be filed separately on ECF. For example, if a motion is Docket No. 30, and a declaration with 10 exhibits is Docket No. 31, Exhibit A should be filed as Docket No. 31-1, Exhibit B should be filed as Docket No. 31-2, and so on. All exhibits should be filed in a searchable OCR format when possible.
Page 2 | 3. Motions
Discovery dispute statements must be filed in ECF under Civil Events > Motions and Related Filings > Motions: General > Discovery Letter Brief.
The statement(s) must be filed in ECF under the Civil Events category of Motions and Related Filings > Motions: General > Discovery Letter Brief.
Page 3 | Discovery
Manual filing is permitted with an original and three copies delivered to the Clerk’s Office on the fourth floor of the Oakland Federal Courthouse.
To manually file documents, litigants should bring an original and three copies to the Clerk’s Office on the fourth floor of the Federal Courthouse in Oakland.
Page 5
Filing Timing and Cure Windows
Updated joint case management statements must be filed 7 days before subsequent case management conferences.
For further case management conferences, the parties shall file an updated joint statement seven days before the scheduled conference.
Page 4 | Civil Case Management
Joint Case Management Statement must be filed 7 days before initial CMC and comply with Civil L.R. 16-9 and the specified standing order.
No later than seven days before the initial case management conference, the parties shall file a Joint Case Management Statement in full compliance with Civil Local Rule 16-9 and the Northern District of California’s standing order entitled “Contents of Joint Case Management Statement.”
Page 4 | Civil Case Management
In-person CMC requests must be filed 7 days before the conference with an explanation.
If any party believes that a particular conference should be conducted in person, the party must request an in- person conference in the joint case management statement or in a separate submission no later than seven days before the case management conference and must explain why it believes the conference should be conducted in person.
Page 4 | Civil Case Management
No later than seven days before the initial case management conference, the parties shall file a Joint Case Management Statement in full compliance with Civil Local Rule 16-9 and the Northern District of California’s standing order entitled “Contents of Joint Case Management Statement.” For further case management conferences, the parties shall file an updated joint statement seven days before the scheduled conference.
No later than seven days before the initial case management conference, the parties shall file a Joint Case Management Statement in full compliance with Civil Local Rule 16-9 and the Northern District of California’s standing order entitled “Contents of Joint Case Management Statement.” For further case management conferences, the parties shall file an updated joint statement seven days before the scheduled conference.
Page 3 | Civil Case Management
Two days before a witness testifies, by 5:00 PM, counsel must exchange lists of witnesses and direct examination exhibits for the next two court days.
Two days before a witness testifies: a. At 5:00 p.m. of each trial day and the two calendar days preceding trial, all counsel potentially calling witnesses shall exchange, in writing, a list of (a) witnesses (other than for impeachment) for the next two full court days, (b) the exhibits that will be used during direct examination (other than for impeachment of an adverse witness).
Civil cases
Page 4 | VI. Witnesses & Objections
By no later than 6:00 p.m. on the day before a witness testifies, each party may submit up to five (5) pages of briefing on all issues left unresolved after the preceding evening’s meet and confer.
By no later than 6:00 p.m. on the day before a witness testifies, each party may submit up to five (5) pages of briefing on all issues left unresolved after the preceding evening’s meet and confer.
Civil cases
Page 4 | VI. Witnesses & Objections
By 8:00 PM on the same day, opposing counsel must provide written objections and identify cross-examination exhibits.
By 8:00 p.m. that evening, all other counsel shall provide, in writing, (a) objections to the identified witnesses or direct examination exhibits that the party intends to raise in court, and (b) identification of any cross- examination exhibits (other than those being used solely for impeachment) that have not been admitted and that have not been disclosed by opposing counsel for use on direct examination.
Civil cases
Page 4 | VI. Witnesses & Objections
Parties must file joint or separate proposed jury questionnaire questions 21 days before trial.
The parties joint or separate submissions are due 21 days before trial.
Civil cases
Page 4 | V. The Jury
Settlement Conference Statement must be lodged at least 14 calendar days before the Settlement Conference.
Each party shall prepare a Settlement Conference Statement, which must be LODGED with Judge Krishnan’s chambers (NOT electronically filed) no later than fourteen (14) calendar days prior to the Settlement Conference.
Civil cases
Page 2 | Settlement Conference Standing Order
Any party may submit an Additional Confidential Statement to the Court of up to 10 pages (excluding supporting exhibits), no later than eight (8) days prior to the Settlement Conference date.
Any party may submit an Additional Confidential Statement to the Court of up to 10 pages (excluding supporting exhibits), no later than eight (8) days prior to the Settlement Conference date.
Civil cases
Page 2 | Settlement Conference Standing Order
All litigants and lawyers must arrive at least 10 minutes before any hearing or conference to state appearances.
Litigants and lawyers shall arrive at least ten minutes before their in-person or virtual hearing or conference to state their appearances to Judge Krishnan’s Courtroom Deputy, Kim Means.
Page 4 | Other Matters
Technology request must be filed no later than 7 days before trial.
The parties must file a written request and proposed order no later than seven days prior to the beginning of trial if they wish to bring any such technology into the Courthouse.
Civil cases
Page 3 | IV. Pretrial Arrangements
Requests for a law and motion hearing to be conducted via Zoom webinar must be made at least three business days before the scheduled hearing.
If a party wishes to request that a law and motion hearing be conducted via Zoom webinar, the request must be made at least three business days before the scheduled hearing.
Page 2 | 3. Motions
Requests for an in-person case management conference must be made in the joint statement or a separate submission at least seven days before the conference, with an explanation.
If any party believes that a particular conference should be conducted in person, the party must request an in- person conference in the joint case management statement or in a separate submission no later than seven days before the case management conference and must explain why it believes the conference should be conducted in person.
Page 4 | Civil Case Management
Case management conferences are held via Zoom unless a party requests in-person at least 7 days before the conference.
Unless the Court orders otherwise, case management conferences will be conducted by Zoom Webinar. Instructions for participating in the Zoom Webinar will be provided by Clerk’s Notice and posted on the docket for each conference. Guidance on how to use Zoom functionality is posted on the Court’s website, https://www.cand.uscourts.gov/zoom/. If any party believes that a particular conference should be conducted in person, the party must request an in- person conference in the joint case management statement or in a separate submission no later than seven days before the case management conference and must explain why it believes the conference should be conducted in person.
Page 3 | Civil Case Management
Service and Proof of Service Rules
Plaintiff or removing defendant must serve this Standing Order on all parties within 7 calendar days of their appearance.
Plaintiff (or in the case of removed cases, any removing Defendant) is directed: (a) to serve copies of this Standing Order upon all other Parties to the action within seven (7) calendar days of the appearance of these other Parties, including any subsequently joined Parties, pursuant to Federal Rules of Civil Procedure 4 and 5
Page 1 | 1. General
Propounding parties must provide electronic format courtesy copies of written discovery requests to responding parties.
The party propounding discovery shall provide courtesy copies of all requests for written discovery (i.e., interrogatories, document requests, requests for admission) to the responding party in an electronic format (e.g., Microsoft Word or other word processing application) that easily permits the responding party to copy the requests for purposes of responding to them.
Page 3 | Written Discovery
Plaintiff must serve this Standing Order on all parties within 7 calendar days and file a certificate of service.
Plaintiff (or in the case of removed cases, any removing Defendant) is directed: (a) to serve copies of this Standing Order upon all other Parties to the action within seven (7) calendar days of the appearance of these other Parties, including any subsequently joined Parties, pursuant to Federal Rules of Civil Procedure 4 and 5; and (b) to file with the Clerk of the Court a certificate reflecting such service, in accordance with Civil Local Rule 5-5.
Page 1 | General
Settlement Conference Statement must be served on opposing counsel.
The Settlement Conference Statement shall be served on opposing counsel.
Civil cases
Page 2 | Settlement Conference Standing Order
Plaintiff or removing defendant must serve the Standing Order on all parties within 7 calendar days of their appearance and file a certificate of service per Civil L.R. 5-5.
Plaintiff (or in the case of removed cases, any removing Defendant) is directed: (a) to serve copies of this Standing Order upon all other Parties to the action within seven (7) calendar days of the appearance of these other Parties, including any subsequently joined Parties, pursuant to Federal Rules of Civil Procedure 4 and 5; and (b) to file with the Clerk of the Court a certificate reflecting such service, in accordance with Civil Local Rule 5-5.
Page 1 | 1. General
Courtesy Copy Requirements
No chambers copies are required for motion papers.
Chambers Copies. Parties do not need to file chambers copies of motion papers.
Page 2 | Motions
Chambers copies must be double-sided with PACER/ECF header.
Chambers copies must be double-side printed versions of the electronically filed copies with the PACER/ECF-generated header (case number, docket number, date, and ECF page number).
Civil cases
Page 2 | Motions
Chambers copies must be marked “Chambers Copy” and submitted in properly labeled envelope.
Such copies must be marked with the notation “Chambers Copy” and submitted to the Clerk’s Office in an envelope marked with the case name, case number, and the words “Magistrate Judge Krishnan Chambers Copies.”
Civil cases
Page 2 | Motions
Two chambers copies required for motions, oppositions, and replies under Civil L.R. 7-2/7-3, delivered by next court day.
Two chambers copies of motion papers filed pursuant to Civil L.R. 7-2, opposition papers filed pursuant to Civil L.R. 7-3, and reply papers filed pursuant to Civil L.R. 7-3 should be delivered to the Clerk’s Office no later than the close of the next court day following the day that the paper was electronically filed.
Civil cases
Page 2 | Motions
Two chambers copies of motion, opposition, and reply papers must be delivered to the Clerk's Office by the close of the next court day, double-sided with ECF headers, marked 'Chambers Copy' in a labeled envelope; sealed filings require unredacted copies with redactions highlighted.
Two chambers copies of motion papers filed pursuant to Civil L.R. 7-2, opposition papers filed pursuant to Civil L.R. 7-3, and reply papers filed pursuant to Civil L.R. 7-3 should be delivered to the Clerk's Office no later than the close of the next court day following the day that the paper was electronically filed. Chambers copies must be double-side printed versions of the electronically filed copies with the PACER/ECF-generated header (case number, docket number, date, and ECF page number). For sealed filings, chambers copies should include only the unredacted version of the filing with redactions highlighted. Such copies must be marked with the notation 'Chambers Copy' and submitted to the Clerk's Office in an envelope marked with the case name, case number, and the words 'Magistrate Judge Krishnan Chambers Copies.'
Civil cases
Page 2 | Motions
Hard-copy courtesy copies of motion in limine documents must be delivered by noon the day after filing.
Hard-copy courtesy copies of the above documents shall be delivered by NOON the day after filing.
Civil cases
Page 3 | III. Motions In Limine
Propounding party must provide courtesy copies of written discovery requests in an editable electronic format.
The party propounding discovery shall provide courtesy copies of all requests for written discovery (i.e., interrogatories, document requests, requests for admission) to the responding party in an electronic format (e.g., Microsoft Word or other word processing application) that easily permits the responding party to copy the requests for purposes of responding to them.
Page 3 | Written Discovery
Chambers copies of motion papers are not required.
Chambers Copies. Parties do not need to file chambers copies of motion papers.
Civil cases
Chambers copies of motion papers are not required.
Parties do not need to file chambers copies of motion papers.
Page 2 | 3. Motions
Chambers copies of motion papers are not required.
Parties do not need to file chambers copies of motion papers.
Page 2 | Motions
No chambers copies of motion papers are required.
Parties do not need to file chambers copies of motion papers.
Page 2 | 3. Motions
Sealing & Redaction Procedures
If parties believe a protective order is necessary, they shall when practicable use one of the model protective orders, available at https://cand.uscourts.gov/rules- forms-fees/northern-district-guidelines/model-protective-orders. When parties ask the Court to approve a stipulated protective order, they must file with the proposed order either (i) a statement in which they confirm that the proposed protective order doesn’t differ in any respect from the model order, or (ii) a redline comparing the proposed protective order with the model order,
If parties believe a protective order is necessary, they shall when practicable use one of the model protective orders, available at https://cand.uscourts.gov/rules- forms-fees/northern-district-guidelines/model-protective-orders. When parties ask the Court to approve a stipulated protective order, they must file with the proposed order either (i) a statement in which they confirm that the proposed protective order doesn’t differ in any respect from the model order, or (ii) a redline comparing the proposed protective order with the model order,
Civil cases
For sealed filings, chambers copies should include only the unredacted version of the filing with redactions highlighted.
For sealed filings, chambers copies should include only the unredacted version of the filing with redactions highlighted.
Civil cases
Page 2 | Motions
The confidential statement filed by defendants regarding inability to pay will not be disclosed to other parties.
The contents of this confidential statement will not be disclosed to the other parties.
Civil cases
Page 3
Filing Bundling Requirements
When exhibits are included with a motion, opposition brief, or reply brief, the exhibits should be filed separately on ECF. For example, if a motion is Docket No. 30, and a declaration with 10 exhibits is Docket No. 31, Exhibit A should be filed as Docket No. 31-1, Exhibit B should be filed as Docket No. 31-2, and so on.
When exhibits are included with a motion, opposition brief, or reply brief, the exhibits should be filed separately on ECF. For example, if a motion is Docket No. 30, and a declaration with 10 exhibits is Docket No. 31, Exhibit A should be filed as Docket No. 31-1, Exhibit B should be filed as Docket No. 31-2, and so on.
Page 2 | Motions
When exhibits are included with a motion, opposition brief, or reply brief, the exhibits should be filed separately on ECF. For example, if a motion is Docket No. 30, and a declaration with 10 exhibits is Docket No. 31, Exhibit A should be filed as Docket No. 31-1, Exhibit B should be filed as Docket No. 31-2, and so on.
When exhibits are included with a motion, opposition brief, or reply brief, the exhibits should be filed separately on ECF. For example, if a motion is Docket No. 30, and a declaration with 10 exhibits is Docket No. 31, Exhibit A should be filed as Docket No. 31-1, Exhibit B should be filed as Docket No. 31-2, and so on.
Page 2 | 3. Motions
Jury exhibit notebooks are prohibited without prior Court permission.
Exhibit notebooks for the jury will not be permitted without prior permission from the Court.
Civil cases
Page 6 | VII. Exhibits
Parties are asked to promptly file consent or declination forms for magistrate judge jurisdiction.
the parties will be asked to submit a form indicating their consent or declination to magistrate judge jurisdiction. The Court asks that the parties file this form promptly.
Page 1 | Consent Cases
Pre-Motion Conference Requirements
Absent leave of Court, parties should not file formal noticed motions under Civil L.R. 7-2 regarding discovery-related disputes. Instead, for all discovery disputes, the parties must meet and confer to attempt to resolve their dispute. The meet and confer must be in person or by videoconference or telephone. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer.
Absent leave of Court, parties should not file formal noticed motions under Civil L.R. 7-2 regarding discovery-related disputes. Instead, for all discovery disputes, the parties must meet and confer to attempt to resolve their dispute. The meet and confer must be in person or by videoconference or telephone. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer.
Page 2 | Discovery
Sanctions motions under Rule 37 must follow Civil L.R. 37-4, not expedited discovery dispute procedure.
Any party seeking an award of attorney fees or other form of sanction under Fed. R. Civ. P. 37 may not use the expedited joint discovery dispute letter procedure described above but instead must file a motion conforming to the requirements of Civil L.R. 37-4.
Civil cases
Absent leave of Court, parties should not file formal noticed motions under Civil L.R. 7-2 regarding discovery-related disputes. Instead, for all discovery disputes, the parties must meet and confer to attempt to resolve their dispute. The meet and confer must be in person or by telephone. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer.
Absent leave of Court, parties should not file formal noticed motions under Civil L.R. 7-2 regarding discovery-related disputes. Instead, for all discovery disputes, the parties must meet and confer to attempt to resolve their dispute. The meet and confer must be in person or by telephone. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer.
Civil cases
Absent leave of Court, parties should not file formal noticed motions under Civil L.R. 7-2 regarding discovery-related disputes. Instead, for all discovery disputes, the parties must meet and confer to attempt to resolve their dispute. The meet and confer must be in person or by videoconference or telephone. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer.
Absent leave of Court, parties should not file formal noticed motions under Civil L.R. 7-2 regarding discovery-related disputes. Instead, for all discovery disputes, the parties must meet and confer to attempt to resolve their dispute. The meet and confer must be in person or by videoconference or telephone. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer.
Page 2 | 5. Discovery
Rule 37 sanction motions must comply with Civil L.R. 37-4 and cannot use the expedited discovery dispute letter procedure.
Any party seeking an award of attorney fees or other form of sanction under Fed. R. Civ. P. 37 may not use the expedited joint discovery dispute letter procedure described above but instead must file a motion conforming to the requirements of Civil L.R. 37-4.
Page 4 | Motions for Sanctions
Meet-and-confer for discovery disputes must be in person or by phone, not just written correspondence.
The meet and confer must be in person or by telephone. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer.
Civil cases
Page 2 | Discovery
Absent leave of Court, parties should not file formal noticed motions under Civil L.R. 7-2 regarding discovery-related disputes.
Absent leave of Court, parties should not file formal noticed motions under Civil L.R. 7-2 regarding discovery-related disputes.
Civil cases
Page 2 | Discovery
Discovery disputes require meet-and-confer (in person or by phone), then a joint statement of max 5 single-spaced pages (2.5 per side) with supporting declarations up to 15 pages.
Absent leave of Court, parties should not file formal noticed motions under Civil L.R. 7-2 regarding discovery-related disputes. Instead, for all discovery disputes, the parties must meet and confer to attempt to resolve their dispute. The meet and confer must be in person or by telephone. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer. If the parties are unable to reach a resolution, they must file a joint statement of at most 5 single-spaced pages (12-point font or greater) with 2.5 pages allotted per side that: (1) describes each unresolved issue; and (2) states each party's final proposed compromise with respect to each unresolved issue. Each party may submit supporting declarations and documentation of up to fifteen pages.
Page 2 | Discovery
Motions in limine: opening due 20 days before conference, opposition due 7 days before conference, no reply permitted.
Any motions in limine shall be submitted as follows: Opening papers shall be filed at least 20 calendar days before the conference; opposition papers will be filed at least seven calendar days before the conference. There will be no reply.
Civil cases
Page 3 | III. Motions In Limine
Absent leave of Court, parties should not file formal noticed motions under Civil L.R. 7-2 regarding discovery-related disputes. Instead, for all discovery disputes, the parties must meet and confer to attempt to resolve their dispute. The meet and confer must be in person or by videoconference or telephone. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer.
Absent leave of Court, parties should not file formal noticed motions under Civil L.R. 7-2 regarding discovery-related disputes. Instead, for all discovery disputes, the parties must meet and confer to attempt to resolve their dispute. The meet and confer must be in person or by videoconference or telephone. A mere exchange of letters, emails, or messages does not satisfy the requirement to meet and confer.
Page 2 | 5. Discovery
Chambers Communication Rules
Parties must notify chambers via email at least one week prior to hearing if a junior attorney will argue the motion.
When a party intends to have a junior attorney argue, it shall notify the Court by emailing Courtroom Deputy Means at askcrd@cand.uscourts.gov at least one week before the hearing date.
Page 4 | Other Matters
Parties must email Courtroom Deputy Means at least one week before hearing if a junior attorney will argue the motion.
When a party intends to have a junior attorney argue, it shall notify the Court by emailing Courtroom Deputy Means at askcrd@cand.uscourts.gov at least one week before the hearing date.
Page 5 | Other Matters
Parties must meet and confer that evening to resolve disputes and identify issues for briefing.
Later that evening, the parties shall meet and confer in an effort to resolve all disputes. If disputes remain, the parties shall, during the meet-and-confer, identify objections/issues to be briefed with the Court, and agree on the ordering and numbering of the objections/issues so that the briefs correspond.
Civil cases
Page 4 | VI. Witnesses & Objections
Parties must email Courtroom Deputy Means at least one week before the hearing when a junior attorney intends to argue.
When a party intends to have a junior attorney argue, it shall notify the Court by emailing Courtroom Deputy Means at askcrd@cand.uscourts.gov at least one week before the hearing date.
Page 5 | 8. Other Matters
Scheduling questions should be addressed to Judge Krishnan’s courtroom deputy, Kim Means, at (510) 637-1296 or askcrd@cand.uscourts.gov.
Scheduling questions should be addressed to Judge Krishnan’s courtroom deputy, Kim Means, at (510) 637-1296 or askcrd@cand.uscourts.gov.
Page 2 | Motions
Scheduling questions should be addressed to Judge Krishnan’s courtroom deputy, Kim Means, at (510) 637-1296 or askcrd@cand.uscourts.gov.
Scheduling questions should be addressed to Judge Krishnan’s courtroom deputy, Kim Means, at (510) 637-1296 or askcrd@cand.uscourts.gov.
Page 2 | 3. Motions
Preferred pronouns and honorifics may be submitted confidentially via email to chambers or mail, or non-confidentially via docket, hearing, or pleading.
Litigants and lawyers may indicate their preferred pronouns (e.g., she/her, he/him, they/their) and honorifics (e.g., Mr., Ms., Mx., Dr.) either: (a) confidentially by sending an email to askpo@cand.uscourts.gov or mailing a confidential letter to Judge Krishnan’s chambers; or (b) non-confidentially by filing a request on the case docket, saying so at a hearing or conference with the Court (including at the time of stating one’s appearance with Judge Krishnan’s Courtroom Deputy), or adding such information in the name block or signature block of the pleadings.
Page 5 | Other Matters
Courtroom Deputy contact information: phone (510) 637-1296 and email askcrd@cand.uscourts.gov.
Means, at (510) 637-1296 or askcrd@cand.uscourts.gov.
Civil cases
Page 2 | Motions
Proposed orders submitted by an e-filing party shall be submitted in Microsoft Word to askpo@cand.uscourts.gov.
Proposed orders submitted by an e-filing party shall be submitted in Microsoft Word to askpo@cand.uscourts.gov.
Civil cases
Page 2 | Motions
Should a daily transcript and/or real-time reporting be desired, the parties shall make arrangements with the Supervisor of the Court Reporting Services, at (415) 522-2079 or transcripts@cand.uscourts.gov, at least ten calendar days prior to the trial date.
Should a daily transcript and/or real-time reporting be desired, the parties shall make arrangements with the Supervisor of the Court Reporting Services, at (415) 522-2079 or transcripts@cand.uscourts.gov, at least ten calendar days prior to the trial date.
Civil cases
Page 3 | IV. Pretrial Arrangements
Contact CRD Kim Means at askcrd@cand.uscourts.gov for questions.
For questions, contact Judge Krishnan’s Courtroom Deputy (CRD), Kim Means, at askcrd@cand.uscourts.gov.
Civil cases
Page 1 | Settlement Conference Standing Order
Parties should email CRD as soon as practicable after settlement referral to request a Scheduling Call.
Parties should reach out to Ms. Means at the above email address as soon as practicable after the settlement referral to request a Scheduling Call.
Civil cases
Page 1 | Settlement Conference Standing Order
Parties must email the Settlement Conference Statement to asksettlement@cand.uscourts.gov.
Each party shall also submit their Settlement Conference Statement in .pdf format and email their statement to asksettlement@cand.uscourts.gov.
Civil cases
Page 2 | Settlement Conference Standing Order
Parties must immediately notify Chambers by email if the case settles before the settlement conference.
If this case settles prior to the date set for the Settlement Conference, the parties shall notify Chambers immediately by contacting Judge Krishnan’s Courtroom Deputy (CRD), Kim Means, at askcrd@cand.uscourts.gov.
Civil cases
Page 4 | 13
Litigants may indicate preferred pronouns and honorifics confidentially by email or letter, or non-confidentially by filing, stating at hearing, or adding to pleadings.
Litigants and lawyers may indicate their preferred pronouns (e.g., she/her, he/him, they/their) and honorifics (e.g., Mr., Ms., Mx., Dr.) either: (a) confidentially by sending an email to askpo@cand.uscourts.gov or mailing a confidential letter to Judge Krishnan’s chambers; or (b) non-confidentially by filing a request on the case docket, saying so at a hearing or conference with the Court (including at the time of stating one’s appearance with Judge Krishnan’s Courtroom Deputy), or adding such information in the name block or signature block of the pleadings.
Page 5 | 8. Other Matters
Junior Lawyer Participation Incentives
An attorney is considered “junior” for these purposes if they have fewer than seven years of experience and have argued fewer than five motions in federal court. The Court will consider the participation of junior attorneys when determining whether to hear argument.
An attorney is considered “junior” for these purposes if they have fewer than seven years of experience and have argued fewer than five motions in federal court. The Court will consider the participation of junior attorneys when determining whether to hear argument.
Page 4 | Other Matters
Junior attorneys (under 7 years, fewer than 5 federal motions) must notify court 1 week before argument.
When a party intends to have a junior attorney argue, it shall notify the Court by emailing Courtroom Deputy Means at askcrd@cand.uscourts.gov at least one week before the hearing date. An attorney is considered “junior” for these purposes if they have fewer than seven years of experience and have argued fewer than five motions in federal court.
Civil cases
An attorney is considered “junior” for these purposes if they have fewer than seven years of experience and have argued fewer than five motions in federal court. The Court will consider the participation of junior attorneys when determining whether to hear argument.
An attorney is considered “junior” for these purposes if they have fewer than seven years of experience and have argued fewer than five motions in federal court. The Court will consider the participation of junior attorneys when determining whether to hear argument.
Page 5 | Other Matters
Junior attorneys (under 7 years experience, fewer than 5 federal motions argued) must notify the Court one week before hearing to have their participation considered for oral argument.
Skills Development. When a party intends to have a junior attorney argue, it shall notify the Court by emailing Courtroom Deputy Means at askcrd@cand.uscourts.gov at least one week before the hearing date. An attorney is considered "junior" for these purposes if they have fewer than seven years of experience and have argued fewer than five motions in federal court. The Court will consider the participation of junior attorneys when determining whether to hear argument.
Civil cases
Page 4 | Other Matters
Junior attorneys (under 7 years, fewer than 5 arguments) require 1-week notice to chambers.
When a party intends to have a junior attorney argue, it shall notify the Court by emailing Courtroom Deputy Means at askcrd@cand.uscourts.gov at least one week before the hearing date. An attorney is considered "junior" for these purposes if they have fewer than seven years of experience and have argued fewer than five motions in federal court.
Civil cases
Parties must notify the Court at least one week before a hearing if a junior attorney (under 7 years experience and fewer than 5 federal motions argued) will argue; the Court will consider this when deciding whether to hear argument.
When a party intends to have a junior attorney argue, it shall notify the Court by emailing Courtroom Deputy Means at askcrd@cand.uscourts.gov at least one week before the hearing date. An attorney is considered “junior” for these purposes if they have fewer than seven years of experience and have argued fewer than five motions in federal court. The Court will consider the participation of junior attorneys when determining whether to hear argument.
Page 4 | Other Matters
The Court will consider junior attorney participation when deciding whether to hear argument; parties must notify the Court by email at least one week before the hearing.
When a party intends to have a junior attorney argue, it shall notify the Court by emailing Courtroom Deputy Means at askcrd@cand.uscourts.gov at least one week before the hearing date. An attorney is considered “junior” for these purposes if they have fewer than seven years of experience and have argued fewer than five motions in federal court. The Court will consider the participation of junior attorneys when determining whether to hear argument.
Page 5 | 8. Other Matters