Judge Araceli Martínez-Olguín
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Within 3 Days
Adjournments
- Non-joint Zoom requests need good cause and must be filed 7 days in advance.
- Extension requests must be filed at least 7 days before deadline.
- Joint Zoom requests must be made at least 1 week before scheduled setting.
Communication
Chambers
Page & Word Limits8 rules
Each side is limited to three Daubert motions throughout the entire case absent leave of court.
All issues shall be contained within one motion, which may not exceed twenty-five pages in length, and shall conform to Civil Local Rule 7-2.
- Motion
- Up to 25 pages
The initial moving party's combined opposition and reply, not to exceed 15 pages.
- Combined opposition reply
- Up to 15 pages in total
Daubert opening and responsive briefs shall not exceed 5 pages. Replies shall not exceed 3 pages.
- Brief
- Up to 5 pages
- Daubert motions
The opposing party's reply, not to exceed 15 pages.
- Reply
- Up to 15 pages
Joint statement for discovery disputes limited to 5 pages with 12-point font.
- Page limit for attorneys
- Up to 5 pages
Court's wording
If the parties are unable to resolve their dispute informally after a good faith effort, including meet and confer efforts conducted by lead trial counsel, the parties shall prepare a joint statement of not more than five pages (12-point font or greater) stating the nature and status of the dispute and attesting to their good faith meet and confer efforts.
Individual discovery statements limited to 2 pages with 12-point font.
- Page limit
- Up to 2 pages per side
Court's wording
The parties are strongly encouraged to submit a joint statement, but in the rare instances when a joint statement is not possible, each side may submit a statement of not more than two pages (12-point font or greater).
Where necessary, the parties may submit supporting declarations and documentation of up to 12 pages.
- Supporting declaration
- Up to 12 pages
Document Format Requirements8 rules
Electronically filed documents must be text-searchable PDFs whenever possible.
- File type
Formatting
- •Text-searchable
String citations without any analysis or descriptive parentheticals contained in any court filing will be disregarded.
Use of footnotes in court filings shall be limited to providing brief points of clarification or cross-references. Argument in footnotes will not be considered by the Court.
Formatting
- •Footnotes limited to clarification
- •Argument in footnotes disregarded
The Court may strike any filing that improperly incorporates material by reference.
The Court may strike any filing that includes excessive or improper footnotes.
Parties may not incorporate by reference prior arguments submitted in the case. This practice creates substantial administrative burdens and may be construed as circumventing page limits.
Pincites to any materials in the record shall be as particular as possible.
Formatting
- •Pincites must be particular
Pronouns and honorifics may be optionally included in name blocks/signature lines.
Formatting
- •Optional pronouns and honorifics
Court's wording
If they so choose, litigants and lawyers may indicate their pronouns (e.g., she/her, he/him, they/their) and honorifics (e.g., Mr., Ms., Mx., Dr.) by adding the information in the name block or signature line of the pleadings.
Document Filing Requirements26 rules
Plea agreements must be emailed to chambers by 2:00 PM Monday before change of plea; open pleas require notification by same deadline.
Court's wording
If a plea is being entered pursuant to a plea agreement, government counsel shall email a copy of the plea agreement to the Judge Martínez-Olguín’s Courtroom Deputy at amocrd@cand.uscourts.gov by 2:00 p.m. the Monday before the change of plea setting. If there is to be an open plea, counsel for the defendant shall notify the Court by 2:00 pm the Monday before the change of plea setting.
Interpreter requests must be made at least 30 days before trial if no certified court interpreter is available.
Court's wording
Counsel must notify the Court at least 30 days in advance of trial if any witness requires an interpreter and there is no certified court interpreter available to translate in the necessary language(s).
Transcript requests must be arranged with Court Reporter Coordinator at least one week before trial.
Court's wording
If transcripts will be requested during or immediately after the trial, arrangements must be made with the Court Reporter Coordinator (Telephone No. 510-637-3534) at least one week prior to the commencement of the trial.
The list shall be emailed at least two (2) court days in advance of the scheduled proceeding.
Percipient witnesses with expert-level technical expertise must be identified by expert disclosure deadline.
Court's wording
Any percipient witness who may also testify at trial with technical expertise akin to an independent expert shall be identified by name no later than the date of expert disclosures to allow for deposition, if necessary.
Expert reports must identify and produce all relied-upon written materials.
Court's wording
At the time of disclosure of a written report, the disclosing party must identify all written materials upon which the expert relies in that report and produce those materials if they have not done so previously.
All expert reports shall number each paragraph to facilitate any motion practice challenging the specifics of any opinions and shall include a table of contents.
- Document
- Expert report
Must include
- •Table of contents
The reports shall list each opinion to be proffered and provide an executive opinion of each.
All expert witnesses must provide written reports under Rule 26(a)(2)(B).
- Document
- Expert report
Must include
- •Written report
Court's wording
All witnesses who will provide expert testimony under Federal Rule of Evidence 702, 703, or 705, whether retained or non-retained, must be disclosed and must provide written reports in compliance with Federal Rule of Civil Procedure 26(a)(2)(B).
Parties shall underline, highlight, or otherwise (e.g., by hyperlink) specific lines of the documents and transcripts upon which they rely in support of or in opposition to a motion.
Daubert motions must clearly specify the paragraphs or portions of the report that the party seeks to exclude.
Any submission containing AI-generated content must include a certification that lead trial counsel has personally verified the content's accuracy.
Exhibits must be separately filed on ECF with sequential numbering.
Court's wording
All exhibits to motions and/or discovery dispute joint statements should be separately filed on ECF. For example, if the motion is Docket No. 30, and the declaration with 10 exhibits is Docket No. 31, Exhibit A would be filed as Docket No. 31-1, Exhibit B would be Docket No. 31-2, and so on.
If a party files an amended pleading, they shall concurrently file a redlined or highlighted version comparing the amended pleading to the prior operative pleading.
- Document
- Amended pleading
Must include
- •Redlined version
Use of ChatGPT or other such tools is not prohibited, but counsel must at all times personally confirm for themselves the accuracy of any content generated by these tools.
Parties should be mindful of the December 1, 2015 amendments to the Federal Rules of Civil Procedure, and in particular, the directive in Rule 1 that the Rules “should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding,” and the proportionality requirements for discovery under Rule 26(b)(1).
Discovery statements must be e-filed under specific Civil Events category.
Court's wording
The joint statement or individual statements shall be e-filed (unless the case is exempt from e-filing requirements). Whether joint or individual, the statement must be filed under the Civil Events category of “Motions and Related Filings > Motions – General > Discovery Letter Brief.”
Privilege logs must include specific required elements.
Court's wording
Privilege logs must contain the following: (a) the subject matter or general nature of the document (without disclosing its contents); (b) the identity and position of its author; (c) the date it was communicated; (d) the identity and position of all addressees and recipients of the communication; (e) the document’s present location; and (f) the specific privilege and a brief summary of any supporting facts.
Securities cases require 14-day appendix with specific allegations.
Court's wording
Within 14 days of service of the complaint (or consolidated complaint), the plaintiff shall file an appendix summarizing the information required by 15 U.S.C. § 78u-4(b)(1) and (2), specifically identifying the allegations in the operative complaint as follows: (a) each statement alleged to have been false or misleading; (b) the speaker, date, and medium by which the statement was made; (c) the reason(s) the statement was false or misleading when made; and (d) the facts alleged to show that defendant(s) knew the statement false and/or misleading.
If a party withholds material as privileged under Federal Rule 26(b)(5) or 45(d)(2)(A), it must produce a privilege log as quickly as possible, but no later than fourteen days after its disclosures or discovery responses are due, unless the parties stipulate to or the Court sets another date.
Class action settlement motions must follow NDCA Procedural Guidance in order.
Court's wording
Any motion for preliminary or final approval of a class action settlement must address the respective guidelines in the Northern District of California’s Procedural Guidance for Class Action Settlements, available at https://www.cand.uscourts.gov/forms/procedural-guidance-for-class-action-settlements/, in the order the guidelines are presented on the website.
Post-distribution accounting required within 21 days, must address class member concerns.
Court's wording
As reflected in the Guidance, the Court will require a post-distribution accounting within 21 days after the final distribution of settlement funds. In addition to the information contained in the Guidance, the post-distribution accounting must discuss any significant or recurring concerns communicated by class members to the settlement administrator or counsel since final approval, any other issues in settlement administration since final approval, and how any concerns or issues were resolved.
The failure of a party to file a memorandum of points and authorities in opposition to any motion shall constitute consent to the granting of the motion.
- Document
- Opposition memorandum
Must include
- •Memorandum of points and authorities
Failure to include this certification or comply with this verification requirement will be grounds for sanctions.
Electronic copies of proposed orders are not required unless specifically requested by the Court.
Court's wording
The Court also does not require electronic copies of proposed orders. If the Court requires electronic copies of a filing, it will specifically request it from the parties. Parties should not otherwise email amocrd@cand.uscourts.gov with electronic copies of filings.
Counsel is responsible for maintaining records of all prompts or inquiries submitted to any generative AI tools in the event those records become relevant at any point.
Filing & Service rules
Courtesy Copy Requirements
Exhibits over 2 inches thick require binder for chambers copies.
If the filing includes exhibits over two inches thick, the parties shall place the chambers copies in a binder.
Civil cases
Page 6 | Chambers Copies
Chambers copies must be marked 'Chambers Copy' and submitted to Clerk's Office in labeled envelope.
The chambers copies shall be marked “Chambers Copy” and submitted to the Clerk’s Office, in an envelope marked with “Judge Martínez-Olguín,” the case number, and “Chambers Copy.”
Civil cases
Page 6 | Chambers Copies
Chambers copies should be double-sided (when possible) and three-hole punched along the left side of the page, and should bear the ECF filing “stamp” (case number, docket number, date, and ECF page number) along the top of the page.
Chambers copies should be double-sided (when possible) and three-hole punched along the left side of the page, and should bear the ECF filing “stamp” (case number, docket number, date, and ECF page number) along the top of the page.
Civil cases
Page 6 | Chambers Copies
All exhibits shall be clearly delineated with labels or tabs along the right side.
All exhibits shall be clearly delineated with labels or tabs along the right side.
Civil cases
Page 6 | Chambers Copies
Chambers copies must be provided within 3 days of filing.
copies of any filing must be provided within three (3) days of filing.
Civil cases
Page 6 | Chambers Copies
Electronic copies only when specifically requested; do not email amocrd@cand.uscourts.gov.
If the Court requires electronic copies of a filing, it will specifically request it from the parties. Parties should not otherwise email amocrd@cand.uscourts.gov with electronic copies of filings.
Civil cases
Page 6 | Chambers Copies
Paper courtesy copies are not required unless specifically requested by the Court.
Paper courtesy copies shall not be submitted unless the Court requests them.
Criminal cases
Page 1 | COURTESY COPIES
Sealing & Redaction Procedures
Documents presumptively public; sealing requires narrowly tailored court order with good cause.
Parties are reminded that court proceedings are presumptively public, and no document shall be filed under seal without request for a court order that is narrowly tailored to cover only the document, the particular portion of the document, or the category of documents for which good cause exists for filing under seal.
Civil cases
Page 6 | Motions to File Under Seal
Administrative motion to seal required under Local Rule 79-5 with proposed order chart.
If a party wishes to file a document under seal, that party shall first file an administrative motion to seal in accordance with Local Rule 79-5 and include a proposed order which includes a chart in the following format:
Civil cases
Page 6 | Motions to File Under Seal
Chambers copies of sealed documents handled like regular copies, typically recycled not shredded.
If parties are asked to provide chambers copies of documents filed under seal, the chambers copies with confidential materials will be handled like all other chambers copies of materials without special restriction, and will typically be recycled, not shredded.
Civil cases
Page 6 | Motions to File Under Seal
Alternative disposal of sealed documents requires express indication in sealing motion.
If the parties wish to dispose of documents filed under seal in some other way, they must expressly indicate as much in their sealing motion and make arrangements to pick up the documents upon disposition of the motion.
Civil cases
Page 6 | Motions to File Under Seal
Pre-Motion Conference Requirements
Except in pro se prisoner cases, parties should notice motions (other than discovery motions) pursuant to the Civil Local Rules.
Except in pro se prisoner cases, parties should notice motions (other than discovery motions) pursuant to the Civil Local Rules.
Civil cases
Page 1 | B. SCHEDULING
Adjournment & Extension Requirements
Extension requests in case management statements or briefs will not be considered.
Requests for extensions contained in a case management statement or brief will not be entertained.
Civil cases
Page 1 | B. SCHEDULING
Extension requests must be filed at least 7 days before deadline.
Any party seeking an extension of a court deadline must seek an extension at least seven (7) days prior to the deadline by filing an appropriate motion or stipulation, in compliance with the Civil Local Rules.
Civil cases
Page 1 | B. SCHEDULING
Joint Zoom requests must be made at least 1 week before scheduled setting.
If all parties agree, they may request to have a setting by Zoom video, but they must make their request at least one week in advance of the scheduled setting.
Civil cases
Page 2 | C. APPEARANCES AND ORAL ARGUMENT
Non-joint Zoom requests need good cause and must be filed 7 days in advance.
Absent agreement, requests to appear by video conference may be entertained upon a compelling showing of good cause, and must also be filed at least seven (7) days in advance of the scheduled setting.
Civil cases
Page 2 | C. APPEARANCES AND ORAL ARGUMENT
Continuance requests must be submitted at least 7 days in advance; extensions beyond 4 weeks unlikely without good cause.
A party seeking to modify a date affecting the Court’s calendar (e.g., change of plea, motion hearing, sentencing) must submit a motion or stipulation, as appropriate, at least seven (7) days in advance of the scheduled setting. Absent good cause, the Court is unlikely to grant a request to continue a court date by more than four (4) weeks. A party seeking an extension of a filing deadline must also submit a motion or stipulation, as appropriate, at least seven (7) days in advance of the scheduled deadline.
Criminal cases
Page 2 | REQUESTS FOR CONTINUANCES
Motions with less than 4 weeks between briefing close and hearing may be automatically re-noticed.
Absent exceptional circumstances, motions noticed for hearing with less than four weeks between the close of briefing and the hearing may be automatically re-noticed by the Court.
Civil cases
Page 1 | B. SCHEDULING
Zoom requests without good cause or filed less than 7 days before may be denied.
Requests submitted without a showing of good cause and/or submitted fewer than seven days prior to the scheduled setting will likely face denial.
Civil cases
Page 2 | C. APPEARANCES AND ORAL ARGUMENT
Chambers Communication Rules
Contact only Courtroom Deputy for scheduling, not Judge or chambers staff.
Counsel shall not attempt to contact Judge Martínez-Olguín or her chambers staff by telephone, email, or any other ex parte means, but may contact her Courtroom Deputy, Alexis Solorzano- Rodriguez, at amocrd@cand.uscourts.gov, regarding scheduling or other appropriate matters.
Civil cases
Page 1 | A. COMMUNICATION WITH THE COURT
Junior Lawyer Participation Incentives
Junior lawyers (8 or fewer years) get oral argument opportunities if requested.
If a written request for oral argument is filed before issuance of a ruling stating that a lawyer eight or fewer years out of law school will conduct all or most of the oral argument, the Court will entertain in-person oral argument on the principle that less experienced lawyers need more opportunities for appearances than they typically receive.
Civil cases
Page 2 | C. APPEARANCES AND ORAL ARGUMENT
Multiple attorneys may argue to allow junior lawyer participation.
The Court permits more than one attorney to present on behalf of a party if this creates an opportunity for less experienced attorneys to participate.
Civil cases
Page 2 | C. APPEARANCES AND ORAL ARGUMENT