Judge Alex G. Tse
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Upon request
Communication
Chambers
Chambers
Chambers
Phone
Chambers
Page & Word Limits2 rules
the parties shall prepare a joint statement of not more than five pages (12-point or greater font) stating the following:
- Joint statement
- Up to 5 pages
the parties shall prepare a joint statement of not more than five pages (12-point or greater font) stating the following:
- Page limit
- Up to 5 pages
- Format
- 12-point
Document Format Requirements4 rules
the parties shall prepare a joint statement of not more than five pages (12-point or greater font) stating the following:
- Font size
- At least 12 points
- Joint statement
Formatting
- •12-point or greater font
Any stipulation or proposed order in a case subject to e-filing should, in addition to being e-filed, be submitted by email to agtpo@cand.uscourts.gov as a Word document on the same day the document is e-filed.
- File type
- Word
- Stipulation
- Proposed order
All exhibits should be filed in a searchable OCR format when possible.
All exhibits should be filed in a searchable OCR format when possible.
Formatting
- •Searchable OCR format
Document Filing Requirements39 rules
Any stipulation or proposed order in a case subject to e-filing should, in addition to being e-filed, be submitted by email to agtpo@cand.uscourts.gov as a Word document on the same day the document is e-filed. This email address should be used only for this stated purpose unless otherwise directed by the Court.
If a party files a dispositive motion (such as a motion to dismiss or a motion to remand), the moving party must file the consent or declination simultaneously with the motion.
In no event shall the consent or declination be filed later than the deadlines specified in Civil Local Rule 73-1.
Any stipulation or proposed order in a case subject to e-filing should, in addition to being e-filed, be submitted by email to agtpo@cand.uscourts.gov as a Word document on the same day the document is e-filed.
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.
Any party who files an amended pleading must concurrently file a redlined version comparing the amended pleading to the prior operative pleading.
Joint case management statement required 7 days before conference
- Document
- Case management statement
Must include
- •Joint statement
Court's wording
Prior to an initial or further case management conference, counsel must meet and confer and then, no later than seven days before the conference, file a joint statement, or file separate statements if permitted by Civil Local Rule 16-9.
Any party who files an amended pleading must concurrently file a redlined version comparing the amended pleading to the prior operative pleading.
- Document
- Amended pleading
Must include
- •Redlined version
Prior to an initial or further case management conference, counsel must meet and confer and then, no later than seven days before the conference, file a joint statement, or file separate statements if permitted by Civil Local Rule 16-9.
When specific discovery requests are disputed, the joint statement must attach the disputed requests, disputed responses, and definitions of defined terms.
Court's wording
If specific discovery requests, i.e., interrogatories, requests for production of documents, requests for admission, are in dispute, the parties must attach the following to their joint statement: a copy of the disputed requests, a copy of the disputed responses, and a copy of the definitions of any defined terms used in the disputed requests.
Parties must preserve relevant evidence and suspend document destruction
Court's wording
Parties must take the steps needed to preserve information relevant to the issues in the litigation, including suspending document-destruction programs that, if not suspended, could result in evidence spoliation.
If parties believe a protective order is necessary, they must when practicable use one of the model protective orders, available at www.cand.uscourts.gov/forms/model-protective- orders.
If parties believe a protective order is necessary, they must when practicable use one of the model protective orders, available at www.cand.uscourts.gov/forms/model-protective-orders.
- Document
- Protective order
Must include
- •Model order
Stipulated protective orders require confirmation or redline vs model order
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.
Discovery joint statements must include meet-and-confer attestation, each party’s position with factual and legal support, and each party’s final compromise proposal.
Court's wording
1. an attestation that counsel for the parties met and conferred in person or by videoconference in good faith to resolve their dispute before filing the joint statement; 2. each party’s position, including pertinent factual background, requested relief, and citations to relevant legal authority; and 3. each party’s final proposed compromise.
Relevant declarations and exhibits may be attached to the joint statement. If specific discovery requests, i.e., interrogatories, requests for production of documents, requests for admission, are in dispute, the parties must attach the following to their joint statement: a copy of the disputed requests, a copy of the disputed responses, and a copy of the definitions of any defined terms used in the disputed requests.
- Document
- Discovery joint statement
Must include
- •Definitions
- •Disputed requests
- •Disputed responses
Joint statements must be e-filed (unless the case is exempt from e-filing requirements) under the Civil Events category of "Motions and Related Filings > Motions – General > Discovery Letter Brief."
A stipulated protective order submission must include either a no-differences statement or a redline plus explanation of changes versus the model order.
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.
Joint statements must be e-filed (unless the case is exempt from e-filing requirements) under the Civil Events category of “Motions and Related Filings > Motions – General > Discovery Letter Brief.”
Privilege logs must be promptly provided and sufficiently detailed and informative to justify the privilege. See Fed. R. Civ. P. 26(b)(5).
Counsel must consult in advance with opposing counsel to schedule depositions at a mutually convenient time and location.
When privilege is claimed, the witness must answer questions relevant to the existence, extent, or waiver of the privilege unless such information is itself privileged.
Speaking objections are prohibited.
Privilege logs must be promptly provided and sufficiently detailed and informative to justify the privilege. See Fed. R. Civ. P. 26(b)(5).
Privilege logs must include specific document information and privilege basis.
Court's wording
Privilege logs must contain the following: • the title and description of the document, including the number of pages or Bates- number range; • the subject matter addressed in the document; • the identity and position of its author; • the identity and position of all addressees and recipients; • the date the document was prepared and, if different, the date on which it was sent to or shared with persons other than its author; and • the basis for the claim that the document is privileged or protected.
Depositions of fact witnesses must be noticed at least 30 days before the close of fact discovery.
Privilege logs must include specified identifying, distribution, date, subject, and privilege-basis details.
Court's wording
Privilege logs must contain the following: • the title and description of the document, including the number of pages or Bates- number range; • the subject matter addressed in the document; • the identity and position of its author; • the identity and position of all addressees and recipients; • the date the document was prepared and, if different, the date on which it was sent to or shared with persons other than its author; and • the basis for the claim that the document is privileged or protected.
Settlement conference statements must be served on opposing counsel; confidential statements may be sent directly to court.
Court's wording
Settlement conference statements must be served on opposing counsel. Any party may email an additional confidential statement to the Court, the contents of which will not be disclosed to the other parties.
The settlement conference statement shall include at least the following: a brief statement of the facts of the case; a brief statement of the claims and defenses; a candid evaluation of the party’s likelihood of prevailing; a summary of the proceedings to date and any pending motions; the relief sought; any discrete issue that, if resolved, would facilitate resolution of the case; and the party’s position on settlement, including present demands and offers and a history of past settlement discussions.
- Document
- Settlement conference statement
Must include
- •Statement of facts
Settlement conference statements must be emailed as PDF to specific address at least 7 days before conference.
Court's wording
Each party shall prepare a settlement conference statement, which must be emailed to the Court in .pdf format, at agtsettlement@cand.uscourts.gov, no later than seven days prior to the conference. Paper copies should not be provided.
Defendants must notify court in confidential statement if unable to offer monetary compensation at least 7 days before conference.
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 days prior to the conference.
Initial case management joint statements must comply with the district standing order, while further conference statements need only address desired discussion points and changed matters.
Court's wording
For all initial case management conferences, the joint statement must comply with the Standing Order for All Judges of the Northern District of California, available here. For further case management conferences, the joint statement need only address matters that the parties wish to discuss and matters that have changed since the last conference.
Failure to furnish this information promptly may be deemed a waiver of the privilege or protection.
Failure to furnish this information promptly may be deemed a waiver of the privilege or protection.
The Court endeavors to use the model orders and discourages making edits to them for purely stylistic reasons, even if all parties agree.
The Court endeavors to use the model orders and discourages making edits to them for purely stylistic reasons, even if all parties agree.
A joint statement should address only one issue or a few issues that are inextricably related. Multiple joint statements should be filed if there are discrete issues in dispute.
If the judge is unavailable, the deposition shall proceed with objections noted for the record.
Party files and records should be retained and produced in original form and sequence.
Court's wording
To the maximum extent feasible, all party files and records should be retained and produced in their original form and sequence, including file folders, and the originals should remain available for inspection by any counsel on reasonable notice.
Filing & Service rules
Courtesy Copy Requirements
Paper courtesy copies should not be submitted unless the Court requests them.
Paper courtesy copies should not be submitted unless the Court requests them.
Civil cases
Page 2 | COURTESY COPIES
Courtesy copies are not to be submitted unless the Court requests them.
Paper courtesy copies should not be submitted unless the Court requests them.
Civil cases
Page 2 | IV. COURTESY COPIES
Sealing & Redaction Procedures
Any request to file under seal must comply with Civil Local Rule 79-5.
Any request to file a document under seal must comply with Civil Local Rule 79-5.
Civil cases
Page 3 | D. Motions to File Under Seal
Documents are presumptively public; sealing requires compliance with Local Rule 79-5
Parties are reminded that court proceedings are presumptively public. Any request to file a document under seal must comply with Civil Local Rule 79-5.
Civil cases
Page 3 | D. Motions to File Under Seal
Filing Bundling Requirements
Exhibits accompanying motions, oppositions, or replies should be filed separately on ECF.
When exhibits are included with a motion, opposition brief, or reply brief, the exhibits should be filed separately on ECF.
Civil cases
Page 3 | C. Documents filed on ECF
Joint discovery statements should be limited to one issue or closely related issues, and separate statements should be filed for discrete disputes.
A joint statement should address only one issue or a few issues that are inextricably related. Multiple joint statements should be filed if there are discrete issues in dispute.
Civil cases
Page 4 | VII. CIVIL DISCOVERY - B. Discovery Disputes
Pre-Motion Conference Requirements
Before bringing a discovery dispute to the Court, parties must first meet and confer in person or by videoconference; letters, emails, or phone calls alone are insufficient.
Upon the development of an impasse, the parties must first meet and confer. Counsel for each party must meet and confer in person or by videoconference. A mere exchange of letters, e-mails, or telephone calls does not satisfy the meet and confer requirement.
Civil cases
Page 3 | VII. CIVIL DISCOVERY - B. Discovery Disputes
Chambers Communication Rules
Discovery disputes require in-person or videoconference meet and confer
Upon the development of an impasse, the parties must first meet and confer. Counsel for each party must meet and confer in person or by videoconference. A mere exchange of letters, e-mails, or telephone calls does not satisfy the meet and confer requirement.
Civil cases
Page 4 | B. Discovery Disputes
In true emergencies, any party may, after exhausting good-faith attempts to resolve disputed issues, seek judicial intervention under Civil Local Rule 37-1(b) by contacting Judge Tse through his courtroom deputy.
In true emergencies, any party may, after exhausting good-faith attempts to resolve disputed issues, seek judicial intervention under Civil Local Rule 37-1(b) by contacting Judge Tse through his courtroom deputy.
Civil cases
Page 5 | F. Depositions
Before calling chambers in an emergency deposition dispute, parties must first send a short explanatory email to the specified chambers address.
Before calling, the parties must first send a short email describing the nature of the dispute to agtcrd@cand.uscourts.gov.
Civil cases
Page 5 | F. Depositions
In emergencies, parties may seek judicial intervention after good-faith attempts and email notification.
In true emergencies, any party may, after exhausting good-faith attempts to resolve disputed issues, seek judicial intervention under Civil Local Rule 37-1(b) by contacting Judge Tse through his courtroom deputy. Before calling, the parties must first send a short email describing the nature of the dispute to agtcrd@cand.uscourts.gov. If the judge is unavailable, the deposition shall proceed with objections noted for the record.
Civil cases
Page 5 | Depositions
Parties must immediately notify chambers via email if case settles before scheduled settlement conference.
The parties must notify chambers immediately, at agtsettlement@cand.uscourts.gov, if their case settles prior to the date set for the settlement conference.
Civil cases
Page 1 | SETTLEMENT CONFERENCE STANDING ORDER FOR MAGISTRATE JUDGE ALEX G. TSE
The proposed-order email address is restricted to that stated submission purpose unless the Court directs otherwise.
This email address should be used only for this stated purpose unless otherwise directed by the Court.
Civil cases
Page 2 | V. PROPOSED ORDERS
For scheduling matters, chambers may be contacted by phone at the listed number.
For scheduling questions, please contact Judge Tse’s Courtroom Deputy, Stephen Ybarra, at (415) 522-3694 or agtcrd@cand.uscourts.gov.
Civil cases
Page 2 | II. HEARINGS - D. Scheduling
Junior Lawyer Participation Incentives
Judge Tse encourages oral argument by junior lawyers.
The Court welcomes and encourages oral argument by less-experienced attorneys.
Civil cases
Page 2 | Opportunities for Junior Lawyers