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Court Rules
Judge Claudia Wilken
Senior Judge

Judge Claudia Wilken

Individual Rules, Standing Orders & Policies

Northern District of California

Limits & Logistics

Document Limits

Discovery Letter Brief
12 pgs
Motion in Limine
25 pgs
Motion
25 pgs
Reply
15 pgs
Reply to Cross Motion
15 pgs
Opposition
25 pgs
Filters:

Page & Word Limits9 rules

Page LimitsMandatoryCivil cases

Summary judgment motions have specific timing and page limits: plaintiffs file 6 weeks before cut-off, defendants file cross-motion within 25-page opposition 14 days after, reply 15 pages 7 days after opposition.

Reply
Up to 15 pages in total

Court's wording

If Plaintiffs wish to file a motion for summary judgment, they shall do so six (6) weeks before the cut-off date. If Defendants wish to file a cross motion as well as an opposition to the motion, any cross-motion shall be contained within the opposition to the motion, which may contain up to twenty-five (25) pages in total, and shall be filed fourteen (14) days after the filing of the motion. The reply to the motion shall include the opposition to any cross-motion, may contain up to fifteen (15) pages in total, and shall be filed seven (7) days after the filing of the opposition.

Page LimitsMandatoryCivil cases

All motions in limine shall be contained within one document, limited to twenty-five (25) pages pursuant to Civil L.R. 7-2(b), with each motion listed as a subheading.

Motion in limine
Up to 25 pages
Page LimitsMandatoryCivil cases

Defendants' cross-motion must be in opposition (max 25 pages) filed 14 days after motion.

Court's wording

If Defendants wish to file a cross motion as well as an opposition to the motion, any cross-motion shall be contained within the opposition to the motion, which may contain up to twenty-five (25) pages in total, and shall be filed fourteen (14) days after the filing of the motion.

Page LimitsMandatoryCivil cases

After the parties have met and conferred, the parties shall prepare a joint letter of not more than eight (8) pages explaining the dispute. Up to twelve (12) pages of attachments may be added.

Page limit
Up to 8 pages
Applies to
  • Discovery letter brief
Page LimitsMandatoryCivil cases

The reply to the motion shall include the opposition to any cross-motion, may contain up to fifteen (15) pages in total, and shall be filed seven (7) days after the filing of the opposition.

Reply
Up to 15 pages in total
Page LimitsMandatoryCivil cases

A reply to any cross-motion may contain up to fifteen (15) pages, and shall be filed seven (7) days after the filing of the opposition.

Reply to cross-motion
Up to 15 pages
Page LimitsMandatoryCivil cases

All motions in limine shall be contained within one document, limited to twenty-five (25) pages pursuant to Civil L.R. 7-2(b), with each motion listed as a

Motions in limine
Up to 25 pages
Page LimitsMandatoryCivil cases

contained within one document, limited to twenty-five (25) pages, with corresponding subheadings, and filed seven (7) days thereafter.

Page limit
Up to 25 pages
Page LimitsImportantCivil cases

Up to twelve (12) pages of attachments may be added.

Attachment
Up to 12 pages

Document Filing Requirements21 rules

Filing RequirementsMandatoryCivil cases

Discovery disputes require joint letter (max 8 pages) with up to 12 pages of attachments, filed under specific ECF category.

Document
Discovery letter brief

Must include

  • Joint letter
  • Explaining the dispute

Court's wording

the parties shall prepare a joint letter of not more than eight (8) pages explaining the dispute. Up to twelve (12) pages of attachments may be added. The joint letter must be electronically filed under the Civil Events category of “Motions and Related Filings > Motions--General > Discovery Letter Brief.”

Filing RequirementsMandatoryCivil cases

14-day deadline to file joint pretrial conference statement.

Court's wording

Not less than fourteen (14) days prior to the pretrial conference, counsel shall submit the following: (a) Pretrial Conference Statement. The parties shall file a joint pretrial conference statement containing the following information:

Filing RequirementsMandatoryCivil cases

Exchange papers 28 days before pretrial conference without filing.

Court's wording

Not less than twenty-eight (28) days prior to the pretrial conference, counsel shall exchange (but not file or lodge) the papers described in Civil L.R. 16-10(b)(7),(8),(9), and (10), and their motions in limine.

Filing RequirementsMandatoryCivil cases

No party shall be permitted to offer any exhibit in its case-in-chief that is not disclosed in its exhibit list without leave of the Court for good cause shown.

Filing RequirementsMandatoryCivil cases

No party shall be permitted to call any witness in its case-in-chief who is not disclosed in its pretrial statement without leave of Court for good cause shown.

Filing RequirementsMandatoryCivil cases

Argument and authority for and against each disputed instruction shall be included as part of the joint submission, on separate pages

Filing RequirementsMandatoryCivil cases

The instructions shall be ordered in a logical sequence, together with a table of contents.

Document
Jury instructions

Must include

  • Table of contents
Filing RequirementsMandatoryCivil cases

Proposed jury instructions must be emailed to cwpo@cand.uscourts.gov in WordPerfect or Word format with specific subject line.

Court's wording

The parties shall email to cwpo@cand.uscourts.gov a copy of their proposed jury instructions in WordPerfect or Word format. The subject of the email should include the case name, the case number and a description of the document.

Filing RequirementsMandatoryCivil cases

The Court requests that the parties hyperlink each proposed Finding of Fact to any supporting evidence.

Filing RequirementsMandatoryCivil cases

Proposed findings of fact and conclusions of law must be emailed to cwpo@cand.uscourts.gov in WordPerfect or Word format with specific subject line.

Court's wording

The parties shall email to cwpo@cand.uscourts.gov a copy of their proposed findings of fact and conclusions of law in WordPerfect or Word format. The subject of the email should include the name of the case, the case number and a description of the document.

Filing RequirementsMandatoryCivil cases

If Plaintiffs wish to file a motion for summary judgment, they shall do so six (6) weeks before the cut-off date.

Filing RequirementsMandatoryCivil cases

If Plaintiffs do not file a motion for summary judgment, Defendants may file one five (5) weeks before the case-dispositive motion hearing cut-off date and the schedule in Local Rule 7-3 shall apply.

Filing RequirementsMandatoryCivil cases

A Further Case Management Conference will be held on the case-dispositive motion hearing cut-off date, whether or not dispositive motions are filed.

Scheduling-Notes-Standing-Order-last-rev -2020-07-20 · p. 1
|SectionFurther Case Management Conference
Filing RequirementsMandatoryCivil cases

Civil motions heard Wednesdays at 2:30 PM; check website for unavailable dates.

Court's wording

Civil motion calendar is conducted on Wednesdays at 2:30 p.m. Parties need not reserve a hearing date for civil motions; however, parties must check the legal newspapers or the Court’s website at www.cand.uscourts.gov for unavailable dates.

Filing RequirementsMandatoryCivil cases

Exchange papers 28 days before pretrial conference without filing.

Court's wording

Not less than twenty-eight (28) days prior to the pretrial conference, counsel shall exchange (but not file or lodge) the papers described in Civil L.R. 16-10(b)(7),(8),(9), and (10), and their motions in limine.

Filing RequirementsMandatoryCivil cases

Joint pretrial conference statement required 14 days before pretrial conference.

Court's wording

Not less than fourteen (14) days prior to the pretrial conference, counsel shall submit the following: (a) Pretrial Conference Statement. The parties shall file a joint pretrial conference statement containing the following information:

Filing RequirementsMandatoryCivil cases

No party shall be permitted to offer any exhibit in its case-in-chief that is not disclosed in its exhibit list without leave of the Court for good cause shown.

CW Standing-Order-for-Pretrial-Preparation · p. 3
|SectionExhibit List and Objections
Filing RequirementsMandatoryCivil cases

No party shall be permitted to call any witness in its case-in-chief who is not disclosed in its pretrial statement without leave of Court for good cause shown.

Filing RequirementsMandatoryCivil cases

Proposed jury instructions must be emailed to cwpo@cand.uscourts.gov in WordPerfect or Word format with specific subject line.

Court's wording

The parties shall email to cwpo@cand.uscourts.gov a copy of their proposed jury instructions in WordPerfect or Word format. The subject of the email should include the case name, the case number and a description of the document.

Filing RequirementsMandatoryCivil cases

The Court requests that the parties hyperlink each proposed Finding of Fact to any supporting evidence.

Filing RequirementsMandatoryCivil cases

Proposed findings of fact and conclusions of law must be emailed to cwpo@cand.uscourts.gov in WordPerfect or Word format with specific subject line.

Court's wording

The parties shall email to cwpo@cand.uscourts.gov a copy of their proposed findings of fact and conclusions of law in WordPerfect or Word format. The subject of the email should include the name of the case, the case number and a description of the document.

Filing & Service rules

Filing Bundling Requirements

Case-dispositive motions must be bundled and heard together on cut-off date.

Absent permission from the Court, all case-dispositive motions in a case will be briefed and heard together, on the case-dispositive motion hearing cut-off date, or on an earlier available date agreed to by the parties.

Civil cases

Page 1 | Motions for Summary Judgment

Pre-Motion Conference Requirements

21-day meet and confer on joint pretrial statement and settlement.

At least twenty-one (21) days before the final pretrial conference, lead counsel who will try the case shall meet and confer with respect to: (a) Preparation and content of the joint pretrial conference statement; (b) Resolution of any differences between the parties regarding the preparation and content of the joint pretrial conference statement and the preparation and exchange of pretrial materials to be served and lodged pursuant to this Order for Pretrial Preparation. To the extent such differences are not resolved, the parties will present the issues in the pretrial conference statement so that the judge may rule on the matter during the pretrial conference; and (c) Settlement of the action.

Civil cases

Page 3 | PRETRIAL CONFERENCE

Lead counsel must meet and confer 21 days before final pretrial conference on joint statement, differences, and settlement.

At least twenty-one (21) days before the final pretrial conference, lead counsel who will try the case shall meet and confer with respect to: (a) Preparation and content of the joint pretrial conference statement; (b) Resolution of any differences between the parties regarding the preparation and content of the joint pretrial conference statement and the preparation and exchange of pretrial materials to be served and lodged pursuant to this Order for Pretrial Preparation. To the extent such differences are not resolved, the parties will present the issues in the pretrial conference statement so that the judge may rule on the matter during the pretrial conference; and (c) Settlement of the action.

Civil cases

Page 1 | I. PRETRIAL CONFERENCE

If no plaintiff summary judgment motion, defendants may file 5 weeks before cut-off following Local Rule 7-3 schedule.

If Plaintiffs do not file a motion for summary judgment, Defendants may file one five (5) weeks before the case-dispositive motion hearing cut-off date and the schedule in Local Rule 7-3 shall apply.

Civil cases

Page 2 | Motions for Summary Judgment

Chambers Communication Rules

Civil motions heard Tuesdays at 2:30 PM; no need to reserve but check website for unavailable dates.

Civil motion calendar is conducted on Tuesdays at 2:30 p.m. Parties need not reserve a hearing date for civil motions; however, parties must check the legal newspapers or the Court’s website at www.cand.uscourts.gov for unavailable dates.

Civil cases

Page 2 | Civil motion calendar

About Senior United States District Judge Claudia Wilken

Senior District Judge Claudia Wilken was appointed to the Northern District of California by President William J. Clinton in 1993.

Judge Wilken was born in 1949 in Minneapolis, Minnesota. She was nominated on October 7, 1993, confirmed on November 20, 1993, and received her commission on November 22, 1993. Prior to her district court appointment, she served as a U.S. Magistrate Judge in the Northern District from 1983 to 1993. She also served as a staff attorney with the Federal Public Defender and as an adjunct professor at Boalt Hall.

Education

  • University of California, Berkeley, Boalt Hall School of Law, J.D., 1975
  • Stanford University, B.A., 1971

Career

  • Staff Attorney, Federal Public Defender's Office, Northern District of California (1975–1978)
  • Private practice, Berkeley, California (1978–1984)
  • Adjunct Professor, UC Berkeley, Boalt Hall School of Law (1978–1984)
  • U.S. Magistrate Judge, Northern District of California (1983–1993)

Courthouse: Ronald V. Dellums Federal Building & United States Courthouse, 1301 Clay Street, Suite 400 S, Oakland, CA 94612 Chambers: Courtroom 3, 3rd Floor Phone: (415) 522-2000

Chambers Staff

  • Courtroom Deputy/Calendar Clerk: cwcrd@cand.uscourts.gov
Common questions about Judge Claudia Wilken's rules

Does Judge Claudia Wilken require a pre-motion conference or letter before filing a motion?

21-day meet and confer on joint pretrial statement and settlement.

View ruleSource: page 3, section PRETRIAL CONFERENCE

What page or word limits apply to motion in limine before Judge Claudia Wilken?

Judge Claudia Wilken's rule states these limits: attorney: 25 pages. Motions in limine limited to 25 pages total in one document.

View ruleSource: page 6, section Motions in Limine

What page or word limits apply to motion before Judge Claudia Wilken?

Judge Claudia Wilken's rule states these limits: 25 pages; 25 pages; 15 pages. Summary judgment motions have specific timing and page limits: plaintiffs file 6 weeks before cut-off, defendants file cross-motion within 25-page opposition 14 days after, reply 15 pages 7 days after opposition.

View ruleSource: page 2, section Motions for Summary Judgment

What must be included with witness list filings before Judge Claudia Wilken?

The rule requires witness list and witness list. Witnesses not on the witness list require court leave for good cause.

View ruleSource: page 6, section Witness List

What must be included with pretrial preparation filings before Judge Claudia Wilken?

The rule requires exchange without filing. Exchange papers 28 days before pretrial conference without filing.

View ruleSource: page 3, section PRETRIAL CONFERENCE

How may parties contact Judge Claudia Wilken's chambers?

Civil motions heard Tuesdays at 2:30 PM; no need to reserve but check website for unavailable dates.

View ruleSource: page 2, section Civil motion calendar

Does Judge Claudia Wilken require motion papers to be bundled?

Yes. Judge Claudia Wilken requires bundling for covered papers. Case-dispositive motions must be bundled and heard together on cut-off date.

View ruleSource: page 1, section Motions for Summary Judgment
Complete rules summary for Judge Claudia Wilken

Discovery letter brief may include up to 12 pages of attachments.

Witnesses not on the witness list require court leave for good cause.

If no plaintiff summary judgment motion, defendants may file 5 weeks before cut-off following Local Rule 7-3 schedule.

Exchange papers 28 days before pretrial conference without filing.

Exhibits not on the exhibit list require court leave for good cause.

Motions in limine limited to 25 pages total in one document.

Civil motions heard Tuesdays at 2:30 PM; no need to reserve but check website for unavailable dates.

Proposed findings of fact and conclusions of law must be emailed to cwpo@cand.uscourts.gov in WordPerfect or Word format with specific subject line.

Proposed jury instructions must include a table of contents and be in logical sequence.

Proposed jury instructions must be emailed to cwpo@cand.uscourts.gov in WordPerfect or Word format with specific subject line.

Summary judgment motions have specific timing and page limits: plaintiffs file 6 weeks before cut-off, defendants file cross-motion within 25-page opposition 14 days after, reply 15 pages 7 days after opposition.

14-day deadline to file joint pretrial conference statement.

Discovery disputes require joint letter (max 8 pages) with up to 12 pages of attachments, filed under specific ECF category.

21-day meet and confer on joint pretrial statement and settlement.

Disputed jury instructions must include argument and authority on separate pages.

The Court requests that the parties hyperlink each proposed Finding of Fact to any supporting evidence.

Reply (max 15 pages) must be filed 7 days after opposition.

Reply to cross-motion (max 15 pages) must be filed 7 days after opposition.

Plaintiffs must file summary judgment motions 6 weeks before cut-off date.

Case-dispositive motions must be bundled and heard together on cut-off date.

Civil motions heard Wednesdays at 2:30 PM; check website for unavailable dates.

Defendants' cross-motion must be in opposition (max 25 pages) filed 14 days after motion.

Discovery disputes require joint letter (max 8 pages) with up to 12 pages of attachments.

Defendants may file summary judgment 5 weeks before cut-off if no Plaintiff motion.

Case management conference held on cut-off date regardless of motions filed.

contained within one document, limited to twenty-five (25) pages, with corresponding subheadings, and filed seven (7) days thereafter.

Joint pretrial conference statement required 14 days before pretrial conference.

Witnesses not on pretrial list require court permission

Exchange papers 28 days before pretrial conference without filing.

Exhibits not on pretrial list require court permission

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