Judge Rita F. Lin
Individual Rules, Standing Orders & Policies
Limits & Logistics
Document Limits
Courtesy Copies
Admitted Exhibits
- 1 copy • Within 7 Days
Courtesy copies
- Not Required
- Upon request
Deposition Testimony Excerpts
- At Time of Cross Examination
ECF Filing with More Than 10 Attachments
- Immediately Upon Filing
Adjournments
- Deadline extension stipulations must be filed two court days before deadline.
- Page limit increase motions must be filed at least two court days before brief due date.
- Hearings vacated no later than two court days before if not necessary.
- +1 more
- Extension requests must include history of previous extensions.
- Requests (including stipulations) to continue a hearing, case management conference, or deadline must state how many extensions were requested, whether the Court granted them and stated no further extensions would be granted, and must list all existing deadlines and proposed extensions.
Request must include
- Zoom hearing requests must be made at least one week in advance.
- Joint discovery letter must be filed within 7 days of discovery cutoff.
- Requests to continue hearings or deadlines must include details of previous extensions and proposed new dates, and be filed at least two court days before the deadline.
- Requests to continue a hearing, case management conference, or deadline must disclose the number and outcome of prior extensions and list all existing deadlines with proposed extensions, and stipulations to move a deadline must be filed at least two court days before the deadline absent extraordinary circumstances.
- Stipulations seeking to move a deadline must be filed no later than two court days before the deadline, absent extraordinary circumstances.
- Request for relief from 10-motion limit must be filed 35 days before final pretrial conference
Communication
Clerk, Chambers
Clerk, Chambers
Phone
Phone
Clerk
Chambers
Phone
Chambers
Page & Word Limits41 rules
Cross-motions for summary judgment require 4 sequential briefs with specific page limits
- Opening brief
- Up to 25 pages
- Opening opposition brief
- Up to 25 pages
- Opposition reply brief
- Up to 20 pages
- Reply brief
- Up to 15 pages
Court's wording
In the event of cross-motions for summary judgment, the parties must file a total of four briefs sequentially, rather than three pairs of simultaneous briefs. Unless the parties agree to reverse the order (which they are free to do on their own), the opening brief is filed by the plaintiff side, the opening/opposition brief is filed by the defense side, the opposition/reply is filed by the plaintiff side, and the reply is filed by the defense side. The first two briefs are limited to 25 pages, the third brief is limited to 20 pages, and the fourth brief is limited to 15 pages.
Court will construe no more than ten claim construction terms.
Court's wording
The Court will generally construe no more than ten terms. If more than ten terms are at issue, the parties must meet and confer before the preparation of the joint claim construction statement to narrow the number of terms to be construed by the Court and shall jointly propose the ten terms requiring construction.
For summary judgment motions, class certification motions, motions for approval of class settlements, and claim construction, the briefs in support of and in opposition to the motions cannot exceed 25 pages, and reply briefs cannot exceed 15 pages.
Joint discovery letter limited to 5 pages after live conversation.
- Joint discovery letter for attorneys
- Up to 5 pages
Court's wording
If the parties cannot resolve their discovery dispute after a good faith effort in which a live conversation has occurred between counsel, they shall prepare and file a joint letter of no longer than 5 pages stating the nature and status of their dispute.
For all other motions, the briefs in support of and opposition to the motions may not exceed 15 pages, and reply briefs may not exceed 10 pages.
they shall prepare and file a joint letter of no longer than 5 pages stating the nature and status of their dispute.
- Page limit
- Up to 5 pages
- Joint discovery letter
Cross-motions for summary judgment require four sequential briefs with page limits: 25, 25, 20, 15 pages.
- Brief
- Up to 25 pages
- Opposition
- Up to 20 pages
- Reply
- Up to 15 pages
Court's wording
In the event of cross-motions for summary judgment, the parties must file a total of four briefs sequentially, rather than three pairs of simultaneous briefs. Unless the parties agree to reverse the order (which they are free to do on their own), the opening brief is filed by the plaintiff side, the opening/opposition brief is filed by the defense side, the opposition/reply is filed by the plaintiff side, and the reply is filed by the defense side. The first two briefs are limited to 25 pages, the third brief is limited to 20 pages, and the fourth brief is limited to 15 pages.
Briefs in support/opposition of specified motions limited to 25 pages; reply briefs limited to 15 pages.
- Brief
- Up to 25 pages
- Reply brief
- Up to 15 pages
- Class certification motions
- Claim construction motions
Court's wording
For summary judgment motions, class certification motions, motions for approval of class settlements, and claim construction, the briefs in support of and in opposition to the motions cannot exceed 25 pages, and reply briefs cannot exceed 15 pages.
For all other motions, the briefs in support of and in opposition to the motions may not exceed 15 pages, and reply briefs may not exceed 10 pages.
- Brief
- Up to 15 pages
- Reply brief
- Up to 10 pages
Following each set of proposed versions of a disputed instruction, each party shall explain, in no more than one page, why the Court should give that party’s proposed instruction.
- Explanation of disputed jury instruction
- Up to 1 page per party
- Disputed jury instruction
If a party objects to prospective jurors’ viewing this video, the party must file a short statement (not to exceed one page double-spaced) explaining its objection.
- Statement of objection to bias video
- Up to 1 page
- Format
- Double-spaced
The first two briefs are limited to 25 pages, the third brief is limited to 20 pages, and the fourth brief is limited to 15 pages.
- Page limit
- Up to 25 pages
- Third brief
- Up to 20 pages
- Fourth brief
- Up to 15 pages
For summary judgment motions, class certification motions, motions for approval of class settlements, and claim construction, the briefs in support of and in opposition to the motions cannot exceed 25 pages, and reply briefs cannot exceed 15 pages.
- Brief
- Up to 25 pages
- Reply brief
- Up to 15 pages
- Class certification motions
- Claim construction motions
For all other motions, the briefs in support of and in opposition to the motions may not exceed 15 pages, and reply briefs may not exceed 10 pages.
- Brief
- Up to 15 pages
- Reply brief
- Up to 10 pages
File trial briefs of no more than 10 pages
- Trial brief
- Up to 10 pages
Following the disputed instruction, each party shall explain, in no more than one page, why the instruction should or should not be given.
- Page limit
- Up to 1 page per party
- Jury instructions
Following each set of proposed versions of a disputed instruction, each party shall explain, in no more than one page, why the Court should give that party’s proposed instruction.
- Page limit
- Up to 1 page per party
- Jury instructions
The memoranda in support of and in opposition to each motion in limine shall be no longer than five pages.
- Memorandum in support of motion in limine
- Up to 5 pages
- Memorandum in opposition to motion in limine
- Up to 5 pages
- Motion in limine
If a party objects to prospective jurors' viewing this video, the party must file a short statement (not to exceed one page double-spaced) explaining its objection.
- Page limit
- Up to 1 page
- Format
- Double-spaced
Daubert motion briefs are limited to ten pages each for both the opening and opposition briefs, and Daubert motions count toward the ten-motion limit.
- Opening brief
- Up to 10 pages
- Opposition
- Up to 10 pages
- Daubert motions
Court's wording
Daubert motions may be noticed for the pre-trial conference and will count toward the ten-motion limit. The parties should follow the same process as described above for these motions, except that the parties are allowed ten pages instead of five for both the opening and opposition briefs.
Unless the case is extremely complex, this statement should not exceed one page (double-spaced).
- Statement of the case
- Up to 1 page
- Format
- Double-spaced
Any written motions during trial will be limited to five pages, and must be submitted no later than 6:00 p.m., absent an exception authorized by the Court.
- Trial motion
- Up to 5 pages
- Motion
They must include trial briefs not to exceed 10 pages each
- Trial brief
- Up to 10 pages
Maximum of 10 supplemental questions allowed on juror questionnaire.
Court's wording
The Standard Juror Questionnaire is available under the Standing Orders portion of Judge Lin’s webpage. As explained in the Court’s Standing Orders, the parties and the Court can include a maximum of ten supplemental questions on the questionnaire.
The first two briefs are limited to 25 pages, the third brief is limited to 20 pages, and the fourth brief is limited to 15 pages.
Document Format Requirements70 rules
All briefs must use Times New Roman font (size 12) and must be double spaced.
- Font
- Times New Roman
- Font size
- 12 points
- Line spacing
- Double
The final brief for any motion should be filed at least 14 days prior to the hearing on the motion.
All filing deadlines are at 5:00 p.m. (Pacific Time) unless otherwise ordered.
All proposed orders should be sent in Microsoft Word compatible format to rflpo@cand.uscourts.gov.
- File type
- Word
Electronic binder via Box.com required for pretrial filings; request link 21 days before pretrial conference.
- File type
- Pretrial filing
Formatting
- •Use Box.com electronic binder
- •Include ECF header on attachments
Court's wording
Instead of requiring paper binders of courtesy copies from the parties, Judge Lin uses an electronic binder to organize pretrial filings. Counsel shall contact Judge Lin’s Courtroom Deputy 21 days prior to the final pretrial conference to request a secure Box.com link to upload documents for the electronic binder. Counsel’s email should identify the case number and the trial date. All pretrial filings shall be uploaded to that link. The uploaded documents should contain the ECF version of each attachment, with its ECF header. The name of each PDF file should include the type of document, a brief description of the document, and the docket number.
Exhibits must be uploaded to Box.com 5 days before trial, each as separate sequentially-named files.
- Exhibits
Formatting
- •Separate files
- •Sequential naming
Court's wording
No later than 5 days before trial, each side shall upload the exhibits electronically to Judge Lin’s chambers’ Box.com storage. Each exhibit shall be a separate file, with each file named so that the exhibits appear sequentially when sorted by file name.
Exhibits must be sequentially numbered, not lettered, with blocks assigned per party.
- Exhibits
Formatting
- •Sequential numbering
- •No lettering
- •Block assignment per party
Court's wording
Exhibits shall be sequentially numbered (not lettered). Blocks of numbers should be assigned to fit the needs of the case (e.g., the government has 1 to 100, Defendant A has 101 to 200, Defendant B has 201 to 300, etc.).
Different versions of the same document (e.g., versions of a document with and without additional handwriting), however, must be treated as different exhibits and marked with different numbers.
- Exhibits
Formatting
- •Different versions different numbers
Witnesses cannot write on admitted exhibits; use new numbered exhibits for markings.
Court's wording
Do not have witnesses write or draw on an exhibit that has already been admitted in evidence. Mark the exhibit with a new number, have the witness write on the new exhibit, and then move to admit the new exhibit into evidence once all the markings have been made.
A single exhibit should be marked only once. If the government has marked an exhibit, the defendant should not re-mark the same document with another number.
- Exhibits
Formatting
- •Single marking per exhibit
No exhibits may be submitted with the letter other than an excerpt of the specific discovery request or response that is the subject of the letter.
Electronically filed documents must be text-searchable PDFs whenever possible.
- File type
All exhibits to motions 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.
- Exhibit
Formatting
- •Exhibits to motions must be separately filed on ECF
All proposed orders should be sent in Microsoft Word compatible format to rflpo@cand.uscourts.gov.
- File type
- Word
- Proposed order
Formatting
- •Must be Microsoft Word compatible format
Expert reports must number each paragraph, list and number all opinions, and provide executive summary if applicable.
- Expert report
Formatting
- •Each paragraph must be numbered
Court's wording
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. At the beginning of the report, the expert shall list and number each opinion to be proffered in the report and, if applicable, provide an executive opinion of each.
Footnotes cannot contain substantive arguments, be overly lengthy, or be used to exceed page limits; non-compliant filings may be struck.
Formatting
- •No substantive arguments in footnotes
- •Footnotes must not be overly lengthy
- •Footnotes must not be used to exceed page limits
- •Court may strike filings with non-compliant footnotes
Court's wording
Parties shall not include substantive arguments in footnotes, and footnotes shall not be overly lengthy or used to exceed page limits. The Court may strike any filing that includes footnotes that do not comply with these requirements.
All briefs must use Times New Roman font (size 12), including in footnotes, and must be double spaced.
- Font
- Times New Roman
- Font size
- 12 points
- Line spacing
- Double
- Brief
Proposed notices must be written in plain language without unnecessary acronyms.
Parties should also ensure that the issues in the Federal Judicial Center’s Notice Checklist, are covered.
- Proposed notice
Formatting
- •Cover all issues in the Federal Judicial Center’s Notice Checklist
The proposed notices, claims forms, and other documents associated with preliminary approval should be sent in Microsoft Word compatible format to rflpo@cand.uscourts.gov.
- File type
- Word
- Proposed notice
- Claims form
- Preliminary approval document
In addition to being filed, the proposed findings and conclusions must be emailed to the Court (rflpo@cand.uscourts.gov) in Word compatible format.
- File type
- Word
All exhibits to motions 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.
Formatting
- •Exhibits must be separately filed on ECF
- •Exhibits must be numbered sequentially (e.g., 31-1, 31-2)
Document Filing Requirements273 rules
If you plan to play an audio or video recording, you must have hard copies of the transcript, if one exists.
Counsel must make anything used to refresh recollection available to opposing counsel for review.
You must have hard copies of the prior statement for the Court and opposing counsel to review.
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
Expert disclosure must include all written materials relied upon by the expert
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.
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.
At the beginning of the report, the expert shall list and number each opinion to be proffered in the report and, if applicable, provide an executive opinion of each.
- Document
- Expert report
Must include
- •Opinion list with numbers
Expert witnesses must be disclosed and provide written reports under FRCP 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).
The parties shall not file joint or separate statements of undisputed facts in connection with summary judgment motions.
Settlement administrator must submit declaration detailing all payments received
Court's wording
The proposed settlement administrator must submit a declaration that (a) states whether they will receive any payments in connection with their administration of the settlement other than the fee described in the preliminary approval papers, including any payments from third-party vendors, (b) if so, describes those payments, (c) regardless whether they are receiving such payments in this case, states whether they have received such payments in the past in connection with other class action settlements, and (d) if so, describes the nature of those payments in the past and whether their practice has changed in accepting those payments.
Notice must specify written objection requirement may be excused for good cause; requires only substantial compliance
Court's wording
If a proposed notice to class members (or prospective class members) requires a written objection as a prerequisite to appearing in court to object to the settlement, the notice must specify that this requirement may be excused upon a showing of good cause. The Court will require only substantial compliance with the requirements for submitting an objection, and this should be made clear in any notice to class members.
Release language should make clear that the class members are releasing claims based only on the identical factual predicate. Each proposed notice should make that clear as well. Hesse v. Sprint Corp., 598 F.3d 581, 590 (9th Cir. 2010).
Securities plaintiffs must file PSLRA chart within 14 days of complaint service.
Court's wording
Within 14 days of service of the complaint (or consolidated complaint), the plaintiff shall file a chart 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 more than ten terms are submitted for construction without leave of court, the Court will construe only the first ten terms listed in the joint claim construction statement.
The chart must strictly adhere to the allegations in operative complaint and may not include any new or supplemental information or explanation.
- Document
- PSLRA chart
Must include
- •Adhere to operative complaint
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
Proposed orders for sealing must identify legal standard and explain compliance.
Court's wording
In addition to complying with Civil Local Rule 79-5(c)(3), the proposed order must identify the applicable legal standard and contain a brief explanation of how that standard and the requirements under Civil Local Rule 79-5(c)(1) are met.
Case management statement must include full litigation schedule when motion to dismiss is pending.
- Document
- Case management statement
Must include
- •Full litigation schedule
- •Proposed last day to amend pleadings
Court's wording
If the Court sets an initial case management conference while a motion to dismiss remains pending, the case management statement shall propose a full litigation schedule, including a proposed last day to amend pleadings.
If they have, they must identify any deviations from the model order by submitting as an exhibit a redline comparison of their proposed order and the model order.
The discovery cut-off is the date by which all discovery must be completed, including hearings on discovery motions and any resulting additional discovery ordered at those hearings.
Protective order filings must indicate if based on model order.
Court's wording
When filing a proposed protective order, at the very beginning of their stipulation or motion, parties must indicate whether they have based their proposed order on one of the Northern District’s model protective orders.
The attorney appearing at a case management conference need not be lead counsel but must have full authority to make decisions about any issue that may come up during the conference.
Counsel for the moving party shall confer with opposing counsel about a mutually convenient hearing date before noticing any motion.
Filing & Service rules
Electronic Filing Rules
All pretrial filings must be uploaded to chambers' Box.com link instead of submitting paper courtesy-copy binders, with all form fields completed exactly as on the docket.
Instead of requiring paper binders of courtesy copies from the parties, Judge Lin uses an electronic binder to organize pretrial filings. Please use this form to upload the documents to chambers' Box.com storage: https://cand.app.box.com/f/12aea34b708b4e63a1ceada8a6731839. All pretrial filings shall be uploaded to that link.
Criminal cases
Page 2 | PRETRIAL FILINGS AND DEADLINES
Each side must upload trial exhibits electronically to Judge Lin's chambers' Box.com storage no later than 5 days before trial.
No later than 5 days before trial, each side shall upload the exhibits electronically to Judge Lin's chambers' Box.com storage.
Criminal cases
Page 5 | TRIAL EXHIBITS
Exhibits must be uploaded to Box.com storage no later than 5 days before trial.
Upload exhibits to Box.com storage 5 Days Before Trial
Civil cases
Page 2 | SUMMARY TABLE OF DEADLINES (JURY TRIAL)
All pretrial filings must be uploaded to Judge Lin's chambers' Box.com storage via the provided form, completing all fields exactly as on the docket, with sealed documents uploaded in a separate submission using the same process.
All pretrial filings shall be uploaded to that link. You should follow the instructions carefully, including by completing all fields exactly as on the docket, and uploading sealed documents in a separate submission using the same process.
Civil cases
Page 4 | PRETRIAL FILINGS - Box.com Uploads
Parties must file proposed supplemental juror questions on the docket and also submit a Microsoft Word compatible version to rflpo@cand.uscourts.gov.
The parties shall file these questions on the docket and submit a Microsoft Word compatible version to rflpo@cand.uscourts.gov.
Civil cases
Page 5 | Proposed Supplemental Juror Questionnaire (Due 21 Days Before PTC)
Proposed supplemental jury instructions, the Joint Pretrial Conference Statement, jury instructions, involved individuals list, and verdict forms must be e-mailed to rflpo@cand.uscourts.gov when they are filed.
The proposed supplemental jury instructions, Joint Pretrial Conference Statement, jury instructions, involved individuals list, and verdict form(s) shall be submitted in Word format via e-mail to rflpo@cand.uscourts.gov when they are filed.
Civil cases
Page 11 | PRETRIAL FILINGS
All pretrial filings must be uploaded to the Box.com link provided by the Courtroom Deputy.
All pretrial filings shall be uploaded to that link.
Civil cases
Page 4 | PRETRIAL FILINGS
All exhibits to motions 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.
All exhibits to motions 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.
Page 5 | FILING AND COURTESY COPIES
All exhibits to motions 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.
All exhibits to motions 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.
Page 5 | FILING AND COURTESY COPIES
Proposed notices, claims forms, and other preliminary approval documents should be sent by email to rflpo@cand.uscourts.gov.
The proposed notices, claims forms, and other documents associated with preliminary approval should be sent in Microsoft Word compatible format to rflpo@cand.uscourts.gov.
Page 10 | Notice and Claims Procedure
The parties shall file these questions on the docket and submit a Microsoft Word compatible version to rflpo@cand.uscourts.gov.
The parties shall file these questions on the docket and submit a Microsoft Word compatible version to rflpo@cand.uscourts.gov.
Civil cases
Page 5 | Proposed Supplemental Juror Questionnaire (Due 21 Days Before PTC)
Filing Timing and Cure Windows
The pretrial statement and motions in limine are due 14 days before the pretrial conference.
Pretrial Statement, Motions in Limine 14 Days Before Pretrial Conference
Criminal cases
Page 1 | SUMMARY TABLE OF DEADLINES
Original and copy trial exhibit sets, plus the list of names, places, and uncommon terms and acronyms, must be delivered no later than 5 days before trial.
Deliver Original and Copy Trial Exhibit Sets, List of Names, Places, Uncommon Terms and Acronyms 5 Days Before Trial
Criminal cases
Page 1 | SUMMARY TABLE OF DEADLINES
Arrangements for a daily transcript or realtime reporting must be made no later than 14 days before trial.
Arrangement of Daily Transcript or RealTime 14 Days Before Trial
Criminal cases
Page 1 | SUMMARY TABLE OF DEADLINES
The need for an interpreter for trial must be notified to the court no later than 30 days before trial.
Notification of Need for Interpreter for Trial 30 Days Before Trial
Criminal cases
Page 1 | SUMMARY TABLE OF DEADLINES
Jury instructions, verdict form, proposed description of the case, exhibit lists, witness lists, and the individuals involved list are due 7 days before the pretrial conference.
Jury Instructions, Verdict Form, Proposed Description of the Case, Exhibit Lists, Witness Lists, Individuals Involved List 7 Days Before Pretrial Conference
Criminal cases
Page 1 | SUMMARY TABLE OF DEADLINES
Objections to the standard jury questionnaire must be filed no later than 21 days before the pretrial conference.
Objections to Standard Jury Questionnaire 21 Days Before Pretrial Conference
Criminal cases
Page 1 | SUMMARY TABLE OF DEADLINES
Discovery closes 14 days before the pretrial conference unless ordered otherwise, and late-disclosed material may be excluded unless the disclosing party shows good cause and discloses it within 24 hours of receipt.
Absent a contrary order from the Court, the discovery cut-off date is 14 days before the pretrial conference. Any material disclosed after that date may be excluded unless the disclosing party: (i) can show good cause for why it was not sought, obtained, and disclosed sooner; and (ii) discloses it within 24 hours of receipt of the material.
Criminal cases
Page 2 | PRETRIAL FILINGS AND DEADLINES
Motions in limine must be filed no later than 14 days before the pretrial conference.
Any motions in limine must be filed no later than 14 days before the pretrial conference.
Criminal cases
Page 3 | Motions in Limine
Oppositions to motions in limine must be filed at least 7 days before the pretrial conference.
Oppositions must be filed at least 7 days before the pretrial conference.
Criminal cases
Page 3 | Motions in Limine
The parties must file a joint pretrial statement addressing the items in Criminal Local Rule 17.1-1(b) no later than 14 days before the pretrial conference.
No later than 14 days before the pretrial conference, the parties must file a joint pretrial statement that addresses the items listed in Criminal Local Rule 17.1-1(b).
Criminal cases
Page 3 | Pretrial Statement
No later than 7 days before the pretrial conference, the parties must file, and send in Word format to rflpo@cand.uscourts.gov, lists of potential witnesses reasonably anticipated to be called at trial.
No later than 7 days before the pretrial conference, the parties must file, and send in Word format to rflpo@cand.uscourts.gov, lists of potential witnesses reasonably anticipated to be called at trial.
Criminal cases
Page 4 | Witness Lists
No later than 7 days before the pretrial conference, the parties must jointly file, and send in Word format to rflpo@cand.uscourts.gov, a list of people involved in the case.
No later than 7 days before the pretrial conference, the parties must jointly file, and send in Word format to rflpo@cand.uscourts.gov, a list of people involved in the case.
Criminal cases
Page 4 | Involved Individual Lists
Each party must file and email in Word format a list of exhibits no later than 7 days before the pretrial conference; the exhibits themselves need not be submitted at that time unless Judge Lin instructs otherwise.
No later than 7 days before the pretrial conference, each party must file, and send in Word format to rflpo@cand.uscourts.gov, a list of exhibits. They need not submit the exhibits themselves at this time, unless instructed otherwise by Judge Lin.
Criminal cases
Page 4 | Exhibit Lists
No later than 7 days before the pretrial conference, the parties must jointly file, and send in Word format to rflpo@cand.uscourts.gov, either an agreed-upon proposed verdict form or competing proposed verdict forms.
No later than 7 days before the pretrial conference, the parties must jointly file, and send in Word format to rflpo@cand.uscourts.gov, either an agreed-upon proposed verdict form or competing proposed verdict forms.
Criminal cases
Page 4 | Verdict Forms
Unless otherwise ordered, exhibits offered during trial must be filed on the docket within ten days of a trial verdict.
Upon the conclusion of the trial, and unless otherwise ordered by the Court, exhibits offered during trial shall be filed on the docket within ten days of a trial verdict
Criminal cases
Page 5 | TRIAL EXHIBITS
Trial exhibits must be uploaded to chambers no later than 5 days before trial.
No later than 5 days before trial, each side shall upload the exhibits electronically to Judge Lin's chambers' Box.com storage.
Criminal cases
Page 5 | TRIAL EXHIBITS
Parties must provide the Court Reporter a jointly created list of names, places, and uncommon terms or acronyms no later than 5 days before trial.
No later than 5 days prior to the start of trial, the parties must provide the Court Reporter a jointly created list of names, places, and any uncommon terms or acronyms that are likely to come up during the trial.
Criminal cases
Page 6 | PRETRIAL ARRANGEMENTS
Counsel must notify the Courtroom Deputy at least 30 days before trial if any witness will require an interpreter.
If any witness will require an interpreter at trial, counsel shall notify the Courtroom Deputy at least 30 days before the commencement of trial.
Criminal cases
Page 6 | PRETRIAL ARRANGEMENTS
Service and Proof of Service Rules
At the close of each trial day, counsel must notify opposing counsel of the witnesses who will be called over the following two trial days.
At the close of each trial day, counsel must notify the other side of the witnesses who will be called the following two trial days.
Criminal cases
Page 7 | Trial Procedures
Emergency relief will be denied unless the applicant shows it made every reasonable effort to notify the opposing party at the earliest possible time of its intent to seek emergency relief.
If the party seeking emergency relief does not show that it made every reasonable effort to notify the opposing party, at the earliest possible time, of its intent to seek emergency relief, the relief will not be granted.
Page 2 | EMERGENCY APPLICATIONS
Demonstratives used in response to the Court's questions must be provided to opposing counsel at least two hours before the hearing, are not part of the record, and counsel must state the relevant record cites verbally for the court reporter.
However, counsel may use demonstratives in responding to the Court’s questions, as long as they are provided to opposing counsel at least two hours before the hearing. Any such demonstratives will not be part of the record, so counsel should state verbally for the court reporter the relevant portion of the record being highlighted on the demonstrative (e.g., “page 5342 of the administrative record” or “page 12, line 5 of the Jones deposition”).
Page 3 | SCHEDULING AND HEARINGS
The moving party must serve, but not file, each motion in limine opening brief at least 28 calendar days before the final pretrial conference.
Motions in limine shall be submitted as follows: At least 28 calendar days before the final pretrial conference, the moving party shall serve, but not file, the opening brief.
Civil cases
Page 8 | Motions in Limine with Oppositions (Due 14 Days Before PTC)
Emergency relief will be denied unless the applicant shows it made every reasonable effort to notify the opposing party, at the earliest possible time, of its intent to seek emergency relief.
If the party seeking emergency relief does not show that it made every reasonable effort to notify the opposing party, at the earliest possible time, of its intent to seek emergency relief, the relief will not be granted.
Page 2 | EMERGENCY APPLICATIONS
Motions in limine must be served 28 days before the pretrial conference.
serve motions 28 Days Before Pretrial in limine Conference
Civil cases
Page 3 | SUMMARY TABLE OF DEADLINES (BENCH TRIAL)
Oppositions to motions in limine must be served 21 days before the pretrial conference.
Serve oppositions to motions in limine 21 Days Before Pretrial Conference
Civil cases
Page 3 | SUMMARY TABLE OF DEADLINES (BENCH TRIAL)
Claim construction hearing demonstratives must be based on the filed papers and exchanged at least two hours before the hearing, which has a default 3-hour time limit (90 minutes per side).
Claim construction hearings will have a default time limit of 3 hours (90 minutes per side), and will go back and forth term-by-term. Visual aids or demonstrative exhibits are fine, as long as they are based on information contained in the papers already filed and are exchanged at least two hours beforehand.
Page 12 | PATENT CASES
Visual aids are fine, and should be exchanged at least two hours beforehand.
Visual aids are fine, and should be exchanged at least two hours beforehand.
Page 12 | PATENT CASES
Joint list of terms must be provided to the court reporter 5 days before trial.
Provide court reporter with joint list of terms 5 Days Before Trial
Civil cases
Page 3 | SUMMARY TABLE OF DEADLINES (BENCH TRIAL)
Courtesy Copy Requirements
More than 10 sealed documents require electronic courtesy copy via Box.com.
Also, if more than 10 documents are sought to be sealed, the filing party must deliver an electronic courtesy copy via Judge Lin's chambers' Box.com storage as detailed above.
Civil cases
Documents with more than 10 attachments must be uploaded to Box.com storage.
When a document filed on ECF is accompanied by more than 10 attachments, the filing party must also send the documents electronically to Judge Lin's chambers' Box.com storage. Immediately after the ECF filing is complete, please email Judge Lin's Courtroom Deputy at rflcrd@cand.uscourts.gov to request a secure link to upload the documents.
Civil cases
Paper courtesy copies are prohibited unless the Court specifically requests them.
Paper courtesy copies shall not be submitted unless the Court requests them.
Page 2 | General Orders
More than 10 sealed documents require electronic courtesy copy via Box.com storage.
If more than 10 documents are sought to be sealed, the filing party must deliver an electronic courtesy copy via Judge Lin's chambers' Box.com storage as detailed above.
Civil cases
Documents with more than 10 attachments must be uploaded to Judge Lin's chambers' Box.com storage.
When a document filed on ECF is accompanied by more than 10 attachments, the filing party must also send the documents electronically to Judge Lin's chambers' Box.com storage.
Civil cases
Paper courtesy copies are prohibited unless the Court requests them.
Paper courtesy copies shall not be submitted unless the Court requests them.
Page 2
If more than 10 documents are sought to be sealed, the filing party must deliver an electronic courtesy copy via Judge Lin's chambers Box.com storage.
Also, if more than 10 documents are sought to be sealed, the filing party must deliver an electronic courtesy copy via Judge Lin's chambers' Box.com storage as detailed above.
Page 6 | MOTIONS TO SEAL
Paper courtesy copies under Civil Local Rule 79-5(d)(2) shall not be submitted, provided the document is appropriately filed electronically under seal in unredacted form.
Paper courtesy copies under Civil Local Rule 79-5(d)(2) shall not be submitted, provided that the document at issue is appropriately filed electronically under seal in an unredacted form.
Page 6 | MOTIONS TO SEAL
Each party must send a courtesy copy of the admitted exhibits to Judge Lin's chambers' Box.com storage within 7 days after the close of evidence, addressed to the attention of Judge Lin's chambers.
In addition to the admitted exhibits to be filed pursuant to Civil L.R. 5-1(g), each party shall also send a courtesy copy of the admitted exhibits to Judge Lin's chambers' Box.com storage as detailed above within 7 days after the close of evidence, addressed to the attention of Judge Lin's chambers.
Civil cases
Page 18 | BENCH TRIALS
Paper courtesy copies must not be submitted unless the Court requests them.
Paper courtesy copies shall not be submitted unless the Court requests them.
Page 2
If an ECF filing has more than 10 attachments, the filing party must immediately upload the file-stamped documents with ECF headers to chambers' Box.com storage after filing, uploading sealed documents in a separate submission.
When a document filed on ECF is accompanied by more than 10 attachments, the filing party must also send the documents electronically to Judge Lin's chambers' Box.com storage. Immediately after the ECF filing is complete, please use this form to upload the documents: https://cand.app.box.com/f/12aea34b708b4e63a1ceada8a6731839. You should follow the instructions carefully, including by completing all fields exactly as on the docket, and uploading sealed documents in a separate submission using the same process. The uploaded documents should be the file-stamped versions with ECF headers.
Page 5 | FILING AND COURTESY COPIES
If more than 10 documents are sought to be sealed, the filing party must deliver an electronic courtesy copy via chambers' Box.com storage.
Also, if more than 10 documents are sought to be sealed, the filing party must deliver an electronic courtesy copy via Judge Lin's chambers' Box.com storage as detailed above.
Page 6 | MOTIONS TO SEAL
Courtesy copies of admitted exhibits to Judge Lin's chambers Box.com within 7 days after close of evidence.
In addition to the admitted exhibits to be filed pursuant to Civil L.R. 5-1(g), each party shall also send a courtesy copy of the admitted exhibits to Judge Lin’s chambers’ Box.com storage as detailed above within 7 days after the close of evidence, addressed to the attention of Judge Lin’s chambers.
Civil cases
Paper courtesy-copy binders are not required; Judge Lin uses an electronic binder via Box.com to organize pretrial filings instead.
Instead of requiring paper binders of courtesy copies from the parties, Judge Lin uses an electronic binder to organize pretrial filings.
Civil cases
Page 4 | PRETRIAL FILINGS - Box.com Uploads
Full deposition transcripts need not be lodged before trial, but counsel should be ready to hand copies of the witness's deposition testimony to the Court, opposing counsel, and the witness at cross-examination.
There is no need to lodge the full deposition transcripts before trial for purposes of cross-examination. The lawyers should simply be prepared to hand to the Court, opposing counsel, and the witness a copy of the witness’s deposition testimony once it is time to cross- examine them.
Civil cases
Page 13 | DEPOSITION AND DISCOVERY DESIGNATIONS
Paper courtesy copies are not required unless specifically requested by the Court.
Paper courtesy copies shall not be submitted unless the Court requests them.
Civil cases
Paper courtesy copies under 79-5(d)(2) are not required if filed electronically under seal.
Paper courtesy copies under Civil Local Rule 79-5(d)(2) shall not be submitted, provided that the document at issue is appropriately filed electronically under seal in an unredacted form.
Civil cases
Paper courtesy copies are not required unless specifically requested by the Court.
Paper courtesy copies shall not be submitted unless the Court requests them.
Civil cases
Sealing & Redaction Procedures
Documents filed under seal must be highlighted to show proposed redactions.
Each document filed under seal must be highlighted to show the proposed redactions.
Civil cases
Strict compliance with Civil Local Rule 79-5 is required, except for 79-5(d)(2).
The Court requires strict compliance with Civil Local Rule 79-5 (with the exception of 79-5(d)(2), as explained below).
Civil cases
For sealed attachments, only unredacted versions should be uploaded to Box.com.
If certain attachments have been filed under seal (or provisionally filed under seal with an accompanying motion to seal), only the unredacted versions of the attachments should be uploaded to Box.com.
Civil cases
If certain attachments have been filed under seal (or provisionally filed under seal with an accompanying motion to seal), only the unredacted versions of the attachments should be uploaded to Box.com. The PDF files should be named first with the docket number associated with the redacted version of the document and second with the document number associated with the unredacted/sealed version of the document. E.g., “[61-2] [62-2] Decl Doe Ex 1 - News Release.” All attachments (sealed or unsealed) should then be organized so that they can be viewed in logical order.
If certain attachments have been filed under seal (or provisionally filed under seal with an accompanying motion to seal), only the unredacted versions of the attachments should be uploaded to Box.com. The PDF files should be named first with the docket number associated with the redacted version of the document and second with the document number associated with the unredacted/sealed version of the document. E.g., “[61-2] [62-2] Decl Doe Ex 1 - News Release.” All attachments (sealed or unsealed) should then be organized so that they can be viewed in logical order.
Page 6 | FILING AND COURTESY COPIES
Each sealed item requires a specific showing; blanket requests are insufficient and may be denied entirely.
The filing party must make a specific showing as to each statement or document to be sealed. Blanket requests that make generic reference to “competitive harm” are almost always insufficient. If a party files a request that is significantly overbroad or fails to provide a specific reason for sealing, the Court will consider denying the request in its entirety and placing all documents sought to be sealed on the public docket.
Page 6 | MOTIONS TO SEAL
Motions to seal require strict compliance with Civil Local Rule 79-5 (except 79-5(d)(2)), and are strongly disfavored.
The Court requires strict compliance with Civil Local Rule 79-5 (with the exception of 79-5(d)(2), as explained below). The Court strongly disfavors motions to seal. Public access to court records is a fundamental aspect of our democracy and justice system.
Page 6 | MOTIONS TO SEAL
Sealed documents must be highlighted to show redactions; fully sealed documents must be labeled as such.
Each document filed under seal must be highlighted to show the proposed redactions. In the rare situation where a party believes it is appropriate to seal an entire document, the document filed under seal should be labeled to indicate that sealing is sought in full.
Page 6 | MOTIONS TO SEAL
Complicated sealing motions require the Motion to Seal Summary Table; more than 10 sealed documents require Box.com upload.
If counsel has a complicated sealing motion, counsel shall file the Motion to Seal Summary Table linked under the Standing Orders tab of Judge Lin’s website. Also, if more than 10 documents are sought to be sealed, the filing party must deliver an electronic courtesy copy via Judge Lin’s chambers’ Box.com storage as detailed above.
Page 6 | MOTIONS TO SEAL
Portions of the fraud prevention plan in settlement administrator declarations may be submitted under seal if necessary.
a detailed fraud prevention plan, of which portions may be submitted under seal if necessary and which shall include a discussion of the availability of real-time fraud reporting, assessments to detect if an unusual number of payments are being sent to linked accounts, and measures taken to avoid unnecessary hurdles for valid claimants;
Page 9 | CLASS ACTIONS
If the lodestar is on the high side in light of the stage of the case, attorneys should support their motion with detailed billing records, which they may seek to file under seal.
If the lodestar is on the high side in light of the stage of the case, attorneys should support their motion with detailed billing records, which they may seek to file under seal.
Page 11 | CLASS ACTIONS
Documents filed under seal must be highlighted to show proposed redactions.
Each document filed under seal must be highlighted to show the proposed redactions.
Civil cases
Strict compliance with Civil Local Rule 79-5 is required, except for section 79-5(d)(2).
The Court requires strict compliance with Civil Local Rule 79-5 (with the exception of 79-5(d)(2), as explained below).
Civil cases
You should follow the instructions carefully, including by completing all fields exactly as on the docket, and uploading sealed documents in a separate submission using the same process.
You should follow the instructions carefully, including by completing all fields exactly as on the docket, and uploading sealed documents in a separate submission using the same process.
Criminal cases
Page 2 | PRETRIAL FILINGS AND DEADLINES
Sealed documents must be uploaded to chambers Box.com in a separate submission containing only unredacted versions, with PDFs named using the redacted version's docket number followed by the sealed version's document number and all attachments organized in logical order; contact the Courtroom Deputy with concerns about sensitive uploads.
uploading sealed documents in a separate submission using the same process. only the unredacted versions of the attachments should be uploaded to Box.com. The PDF files should be named first with the docket number associated with the redacted version of the document and second with the document number associated with the unredacted/sealed version of the document. E.g., "[61-2] [62-2] Decl Doe Ex 1 - News Release." All attachments (sealed or unsealed) should then be organized so that they can be viewed in logical order. If you have concerns about the upload of sensitive documents to Box.com, please reach out to the Courtroom Deputy.
Page 6 | FILING AND COURTESY COPIES
The Court requires strict compliance with Civil Local Rule 79-5 (with the exception of 79-5(d)(2), as explained below). The Court strongly disfavors motions to seal. Public access to court records is a fundamental aspect of our democracy and justice system. The filing party must make a specific showing as to each statement or document to be sealed. Blanket requests that make generic reference to "competitive harm" are almost always insufficient. If a party files a request that is significantly overbroad or fails to provide a specific reason for sealing, the Court will consider denying the request in its entirety and placing all documents sought to be sealed on the public docket.
The Court requires strict compliance with Civil Local Rule 79-5 (with the exception of 79-5(d)(2), as explained below). The Court strongly disfavors motions to seal. Public access to court records is a fundamental aspect of our democracy and justice system. The filing party must make a specific showing as to each statement or document to be sealed. Blanket requests that make generic reference to "competitive harm" are almost always insufficient. If a party files a request that is significantly overbroad or fails to provide a specific reason for sealing, the Court will consider denying the request in its entirety and placing all documents sought to be sealed on the public docket.
Page 6 | MOTIONS TO SEAL
Each document filed under seal must be highlighted to show the proposed redactions.
Each document filed under seal must be highlighted to show the proposed redactions.
Page 6 | MOTIONS TO SEAL
You should follow the instructions carefully, including by completing all fields exactly as on the docket, and uploading sealed documents in a separate submission using the same process.
You should follow the instructions carefully, including by completing all fields exactly as on the docket, and uploading sealed documents in a separate submission using the same process.
Civil cases
Page 4 | PRETRIAL FILINGS - Box.com Uploads
The Court requires strict compliance with Civil Local Rule 79-5 (except 79-5(d)(2)) and strongly disfavors motions to seal.
The Court requires strict compliance with Civil Local Rule 79-5 (with the exception of 79-5(d)(2), as explained below). The Court strongly disfavors motions to seal.
Page 6 | MOTIONS TO SEAL
Filing Bundling Requirements
Matters cannot be specially set outside regular civil law and motions calendar without Court's leave.
The parties may not specially set any matter at a time other than the regularly scheduled civil law and motions calendar without leave of the Court.
Civil cases
When filing an amended pleading, party must concurrently file a redlined or highlighted version comparing to the prior operative pleading.
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.
Page 3 | AMENDED PLEADINGS
The parties should file a proposed judgment separately from their proposed order granting final approval.
The parties should file a proposed judgment separately from their proposed order granting final approval.
Page 11 | CLASS ACTIONS
Exhibit notebooks for the jury are prohibited without prior permission from Judge Lin.
Exhibit notebooks for the jury will not be permitted without prior permission from Judge Lin.
Criminal cases
Page 5 | TRIAL EXHIBITS
Cross-motions for summary judgment require four sequentially filed briefs (plaintiff opening, defense opening/opposition, plaintiff opposition/reply, defense reply) rather than three pairs of simultaneous briefs, unless the parties agree to reverse the order.
In the event of cross-motions for summary judgment, the parties must file a total of four briefs sequentially, rather than three pairs of simultaneous briefs. Unless the parties agree to reverse the order (which they are free to do on their own), the opening brief is filed by the plaintiff side, the opening/opposition brief is filed by the defense side, the opposition/reply is filed by the plaintiff side, and the reply is filed by the defense side.
Page 7 | SUMMARY JUDGMENT
Once the moving party has received the opposition, if any, that party should file both the motion and the opposition in the same filing (i.e., with the opposition attached as an exhibit) at least 14 calendar days before the final pretrial conference.
Once the moving party has received the opposition, if any, that party should file both the motion and the opposition in the same filing (i.e., with the opposition attached as an exhibit) at least 14 calendar days before the final pretrial conference.
Civil cases
Page 9 | PRETRIAL FILINGS
Only one summary judgment motion per party is allowed in each patent case absent leave of court, with related entities counted as one party.
Only one summary judgment motion may be filed per party in each patent case, absent leave of court. Parties that are related entities are considered one party for purposes of this rule.
Page 12 | PATENT CASES
In ERISA cross-motions for judgment under Rule 52, the parties must file four briefs sequentially rather than three pairs of simultaneous briefs.
In the event of cross-motions for judgment under Rule 52 of the Federal Rules of Civil Procedure, the parties shall file a total of four briefs sequentially, rather than three pairs of simultaneous briefs, as set forth in the “Summary Judgment” section above.
Page 12 | ERISA CASES
Box.com link for pretrial filings must be obtained 28 days before pretrial conference
Obtain Box.com link from courtroom deputy for uploading 28 Days Before Pretrial pretrial filings Conference
Civil cases
Page 2 | SUMMARY TABLE OF DEADLINES (JURY TRIAL)
Joint designations of deposition testimony must be filed 7 days before trial
Joint filing of all designations of deposition testimony 7 Days Before Trial
Civil cases
Page 2 | SUMMARY TABLE OF DEADLINES (JURY TRIAL)
Exhibits must be uploaded to Box.com 5 days before trial
Upload exhibits to Box.com storage 5 Days Before Trial
Civil cases
Page 2 | SUMMARY TABLE OF DEADLINES (JURY TRIAL)
Joint involved individuals list, verdict forms, statement of case, and exhibit list due 7 days before pretrial conference
File joint involved individuals list, proposed verdict forms, 7 Days Before Pretrial statement of the case, exhibit list Conference
Civil cases
Page 2 | SUMMARY TABLE OF DEADLINES (JURY TRIAL)
Joint pretrial conference statement and motions in limine due 14 days before pretrial conference
File joint pretrial conference statement, motions in limine and 14 Days Before Pretrial oppositions to motions in limine Conference
Civil cases
Page 2 | SUMMARY TABLE OF DEADLINES (JURY TRIAL)
Parties must jointly prepare a single set of all trial exhibits.
The parties must jointly prepare a single set of all trial exhibits that will be the official record and, if applicable, used on appeal.
Civil cases
Electronic binder via Box.com required for pretrial filings; contact courtroom deputy 21 days before pretrial conference for link.
Instead of requiring paper binders of courtesy copies from the parties, Judge Lin uses an electronic binder to organize pretrial filings. Counsel shall contact Judge Lin’s Courtroom Deputy 21 days prior to the final pretrial conference to request a secure Box.com link to upload documents for the electronic binder. Counsel’s email should identify the case number and the trial date. All pretrial filings shall be uploaded to that link. The uploaded documents should contain the ECF version of each attachment, with its ECF header. The name of each PDF file
Criminal cases
Case management conference may be vacated if dispositive motion to dismiss is filed.
If a defendant files a motion to dismiss that is dispositive of the entire case, the parties may stipulate to vacate the initial case management conference, which will be reset by the Court after the motion to dismiss hearing.
Civil cases
The parties should file a proposed judgment separately from their proposed order granting final approval.
The parties should file a proposed judgment separately from their proposed order granting final approval.
Page 10 | CLASS ACTIONS - Final Approval
Each motion in limine must address a single, separate topic rather than combining multiple topics in one motion.
Each motion should address a single, separate topic.
Civil cases
Page 8 | Motions in Limine with Oppositions (Due 14 Days Before PTC)
Pre-Motion Conference Requirements
Moving party counsel must confer with opposing counsel on a hearing date before noticing any motion.
Counsel for the moving party shall confer with opposing counsel about a mutually convenient hearing date before noticing any motion.
Page 2 | SCHEDULING AND HEARINGS
Discovery disputes may be resolved on papers or via hearing; joint letter process does not apply to third-party disputes.
The Court may resolve the dispute on the papers or schedule a hearing. The joint discovery letter process does not apply to discovery disputes with third parties.
Page 5 | DISCOVERY
Relief-seeking party prepares joint discovery letter portion first, shares with opposing side, then files the letter.
The side seeking relief from the Court should prepare its portion of the letter first and then provide that to the opposing side so that the opposing side may prepare its response. The party seeking relief from the Court should file the letter.
Page 5 | DISCOVERY
Rule 52 cross-motions require filing four briefs sequentially, not three pairs of simultaneous briefs.
In the event of cross-motions for judgment under Rule 52 of the Federal Rules of Civil Procedure, the parties shall file a total of four briefs sequentially, rather than three pairs of simultaneous briefs, as set forth in the “Summary Judgment” section above.
Page 12 | ERISA CASES
Only one summary judgment motion per party allowed in patent cases; related entities count as one party.
Only one summary judgment motion may be filed per party in each patent case, absent leave of court. Parties that are related entities are considered one party for purposes of this rule.
Page 12 | PATENT CASES
Reply papers on motions in limine will not be considered.
No reply papers will be considered.
Criminal cases
Page 3 | Motions in Limine
Moving party's counsel must confer with opposing counsel about a mutually convenient hearing date before noticing any motion.
Counsel for the moving party shall confer with opposing counsel about a mutually convenient hearing date before noticing any motion.
Page 2 | SCHEDULING AND HEARINGS
Unresolved discovery disputes must be submitted via a joint letter of no more than 5 pages stating the nature and status of the dispute, filed as soon as possible after a good-faith live conversation between counsel.
If the parties cannot resolve their discovery dispute after a good faith effort in which a live conversation has occurred between counsel, they shall prepare and file a joint letter of no longer than 5 pages stating the nature and status of their dispute.
Page 5 | DISCOVERY
For cross-motions for judgment under Rule 52, the parties must file a total of four briefs sequentially rather than three pairs of simultaneous briefs.
In the event of cross-motions for judgment under Rule 52 of the Federal Rules of Civil Procedure, the parties shall file a total of four briefs sequentially, rather than three pairs of simultaneous briefs, as set forth in the "Summary Judgment" section above.
Page 12 | CLASS ACTIONS
In patent cases with counterclaims, the Court generally holds one claim construction hearing for all patents and claim construction briefing follows a four-brief sequence (plaintiff files first) using the cross-motion summary judgment page limits.
When a patent case also includes patent counterclaims, the Court will generally conduct one claim construction hearing covering all patents. In that situation, the claim construction briefing schedule will follow a four-brief sequence, following the page limits outlined above concerning cross-motions for summary judgment, with the plaintiff filing the first brief.
Page 13 | PATENT CASES
Reply briefs are prohibited for motions in limine; the moving party may not file a reply.
The moving party shall not file a reply brief.
Civil cases
Page 8 | Motions in Limine with Oppositions (Due 14 Days Before PTC)
Written motions during trial are prohibited unless lead trial counsel have met and conferred, the issue has been raised orally to the Court at the beginning or close of the trial day, and the Court has authorized the filing.
No written motions are permitted during trial before (a) lead trial counsel have met and conferred as to the issue, and (2) the issue has been raised orally to the Court either at the beginning or close of the trial day, and the Court has authorized such a filing.
Civil cases
Page 16 | OBJECTIONS
Unresolved discovery disputes require a joint letter of no more than 5 pages with proposed orders from both sides, prepared by the party seeking relief first and filed by that party, and the process does not apply to third-party discovery disputes.
If the parties cannot resolve their discovery dispute after a good faith effort in which a live conversation has occurred between counsel, they shall prepare and file a joint letter of no longer than 5 pages stating the nature and status of their dispute. Both sides must submit proposed orders as well. No exhibits may be submitted with the letter other than an excerpt of the specific discovery request or response that is the subject of the letter. The letter must be filed as soon as possible. The side seeking relief from the Court should prepare its portion of the letter first and then provide that to the opposing side so that the opposing side may prepare its response. The party seeking relief from the Court should file the letter. The Court may resolve the dispute on the papers or schedule a hearing. The joint discovery letter process does not apply to discovery disputes with third parties.
Page 5 | DISCOVERY
Cross-motions for summary judgment require four sequential briefs (plaintiff opening, defense opening/opposition, plaintiff opposition/reply, defense reply), with the parties free to stipulate to reverse the order.
In the event of cross-motions for summary judgment, the parties must file a total of four briefs sequentially, rather than three pairs of simultaneous briefs. Unless the parties agree to reverse the order (which they are free to do on their own), the opening brief is filed by the plaintiff side, the opening/opposition brief is filed by the defense side, the opposition/reply is filed by the plaintiff side, and the reply is filed by the defense side.
Page 7 | SUMMARY JUDGMENT
In patent cases with counterclaims, one claim construction hearing covers all patents and briefing follows a four-brief sequence with the plaintiff filing the first brief, using the page limits that apply to cross-motions for summary judgment.
When a patent case also includes patent counterclaims, the Court will generally conduct one claim construction hearing covering all patents. In that situation, the claim construction briefing schedule will follow a four-brief sequence, following the page limits outlined above concerning cross-motions for summary judgment, with the plaintiff filing the first brief.
Page 13 | PATENT CASES
Prehearing claim construction conferences are generally not held; parties may address prehearing issues at the tutorial or request a case management conference to be held at least two weeks before the hearing.
Prehearing claim construction conferences are generally not held, but parties may address prehearing issues at the tutorial or request a case management conference to be held at least two weeks prior to the hearing.
Page 13 | PATENT CASES
Prehearing claim construction conferences are generally not held, but parties may address prehearing issues at the tutorial or request a case management conference to be held at least two weeks prior to the hearing. If the parties anticipate witness testimony will be necessary, counsel shall alert the Court via a joint status report and request such a case management conference.
Prehearing claim construction conferences are generally not held, but parties may address prehearing issues at the tutorial or request a case management conference to be held at least two weeks prior to the hearing. If the parties anticipate witness testimony will be necessary, counsel shall alert the Court via a joint status report and request such a case management conference.
Civil cases
Page 11 | Claim Construction
Parties may stipulate to vacate the initial case management conference when a case-dispositive motion to dismiss is filed, and the Court will reset the CMC after the motion to dismiss hearing.
If a defendant files a motion to dismiss that is dispositive of the entire case, the parties may stipulate to vacate the initial case management conference, which will be reset by the Court after the motion to dismiss hearing.
Page 3 | CASE MANAGEMENT CONFERENCES
Adjournment & Extension Requirements
Zoom hearing requests must be made at least one week in advance.
Parties may stipulate/request to have a hearing by Zoom video, but they must do so at least one week in advance of the hearing.
Civil cases
Joint discovery letter must be filed within 7 days of discovery cutoff.
The letter must be filed as soon as possible, but under no circumstances may it be filed more than 7 days after the applicable discovery cutoff.
Civil cases
Extension requests must include history of previous extensions.
For any request, including stipulations, to continue a hearing, case management conference, or a deadline (other than an extension that the rules allow the parties to arrange between themselves without a court order), the parties must state how many extensions have been requested, whether the Court has granted those extensions, and whether the Court has stated that no further extensions will be granted.
Civil cases
Deadline extension stipulations must be filed two court days before deadline.
Absent extraordinary circumstances, stipulations seeking to move a deadline must be filed two court days prior to the deadline.
Civil cases
Written stipulation required for status conference continuances with specific content requirements.
If the parties wish to request a continuance of a status conference by written stipulation, the parties shall file a stipulation to that effect before the scheduled date. The stipulation shall state whether defense counsel has communicated with the defendant, and if so, whether the defendant is in agreement with the continuance and any requested exclusion of time under the Speedy Trial Act. The stipulation shall also provide an update on the status of the case and discovery. If the parties are requesting an exclusion of time under the Speedy Trial Act, the stipulation must set forth specific facts justifying the exclusion. Conclusory statements that the exclusion is needed for effective preparation of counsel, for example, are insufficient.
Criminal cases
Page 2 | REQUESTS TO CONTINUE STATUS CONFERENCES
Requests to continue hearings or deadlines must include details of previous extensions and proposed new dates, and be filed at least two court days before the deadline.
For any request, including stipulations, to continue a hearing, case management conference, or a deadline (other than an extension that the rules allow the parties to arrange between themselves without a court order), the parties must state how many extensions have been requested, whether the Court has granted those extensions, and whether the Court has stated that no further extensions will be granted. The parties must also list all existing deadlines and their proposed extensions. Absent extraordinary circumstances, stipulations seeking to move a deadline must be filed by no later than two court days prior to the deadline.
Page 2 | SCHEDULING AND HEARINGS
Deadline extension requests must include extension history and be filed 2 court days before deadline.
For any request, including stipulations, to continue a hearing, case management conference, or a deadline (other than an extension that the rules allow the parties to arrange between themselves without a court order), the parties must state how many extensions have been requested, whether the Court has granted those extensions, and whether the Court has stated that no further extensions will be granted. The parties must also list all existing deadlines and their proposed extensions. Absent extraordinary circumstances, stipulations seeking to move a deadline must be filed by no later than two court days prior to the deadline.
Civil cases
A stipulation requesting a Speedy Trial Act exclusion must set forth specific facts justifying the exclusion; conclusory statements are insufficient.
If the parties are requesting an exclusion of time under the Speedy Trial Act, the stipulation must set forth specific facts justifying the exclusion. Conclusory statements that the exclusion is needed for effective preparation of counsel, for example, are insufficient.
Criminal cases
Page 2 | REQUESTS TO CONTINUE STATUS CONFERENCES
Requests to continue a hearing, case management conference, or deadline must disclose the number and outcome of prior extensions and list all existing deadlines with proposed extensions, and stipulations to move a deadline must be filed at least two court days before the deadline absent extraordinary circumstances.
For any request, including stipulations, to continue a hearing, case management conference, or a deadline (other than an extension that the rules allow the parties to arrange between themselves without a court order), the parties must state how many extensions have been requested, whether the Court has granted those extensions, and whether the Court has stated that no further extensions will be granted. The parties must also list all existing deadlines and their proposed extensions. Absent extraordinary circumstances, stipulations seeking to move a deadline must be filed by no later than two court days prior to the deadline.
Page 2 | SCHEDULING AND HEARINGS
Requests (including stipulations) to continue a hearing, case management conference, or deadline must state how many extensions were requested, whether the Court granted them and stated no further extensions would be granted, and must list all existing deadlines and proposed extensions.
For any request, including stipulations, to continue a hearing, case management conference, or a deadline (other than an extension that the rules allow the parties to arrange between themselves without a court order), the parties must state how many extensions have been requested, whether the Court has granted those extensions, and whether the Court has stated that no further extensions will be granted. The parties must also list all existing deadlines and their proposed extensions.
Page 2 | SCHEDULING AND HEARINGS
Stipulations seeking to move a deadline must be filed no later than two court days before the deadline, absent extraordinary circumstances.
Absent extraordinary circumstances, stipulations seeking to move a deadline must be filed by no later than two court days prior to the deadline.
Page 2 | SCHEDULING AND HEARINGS
Request for relief from 10-motion limit must be filed 35 days before final pretrial conference
Rather than trying to squeeze multiple topics into one motion in limine, the parties must seek relief from the ten- motion limit at least 35 calendar days before the final pretrial conference. That request for relief must list the topics of each motion in limine each side wishes to file.
Civil cases
Page 8 | Motions in Limine with Oppositions (Due 14 Days Before PTC)
Discovery cut-off is 14 days before pretrial conference; late disclosure may be excluded unless good cause shown and disclosed within 24 hours.
Absent a contrary order from the Court, the discovery cut-off date is 14 days before the pretrial conference. Any material disclosed after that date may be excluded unless the disclosing party: (i) can show good cause for why it was not sought, obtained, and disclosed sooner; and (ii) discloses it within 24 hours of receipt of the material.
Criminal cases
Stipulation for continuance must include defendant communication, agreement, case status, and specific facts for Speedy Trial Act exclusion.
If the parties wish to request a continuance of a status conference by written stipulation, the parties shall file a stipulation to that effect before the scheduled date. The stipulation shall state whether defense counsel has communicated with the defendant, and if so, whether the defendant is in agreement with the continuance and any requested exclusion of time under the Speedy Trial Act. The stipulation shall also provide an update on the status of the case and discovery. If the parties are requesting an exclusion of time under the Speedy Trial Act, the stipulation must set forth specific facts justifying the exclusion. Conclusory statements that the exclusion is needed for effective preparation of counsel, for example, are insufficient.
Criminal cases
Page limit increase motions must be filed at least two court days before brief due date.
Motions to increase page limits will rarely be granted, but any such motion must be filed no later than two court days before the brief is due.
Civil cases
Continuances of status conferences must be requested by a written stipulation filed before the scheduled conference date.
If the parties wish to request a continuance of a status conference by written stipulation, the parties shall file a stipulation to that effect before the scheduled date.
Criminal cases
Page 2 | REQUESTS TO CONTINUE STATUS CONFERENCES
A status conference continuance stipulation must state whether defense counsel has communicated with the defendant, whether the defendant agrees with the continuance and any requested Speedy Trial Act exclusion, and must provide an update on the status of the case and discovery.
The stipulation shall state whether defense counsel has communicated with the defendant, and if so, whether the defendant is in agreement with the continuance and any requested exclusion of time under the Speedy Trial Act. The stipulation shall also provide an update on the status of the case and discovery.
Criminal cases
Page 2 | REQUESTS TO CONTINUE STATUS CONFERENCES
Hearings vacated no later than two court days before if not necessary.
The Court does not generally issue tentative rulings. If the Court determines a hearing is not necessary, it will usually be vacated no later than two court days before the hearing.
Civil cases
Chambers Communication Rules
Counsel should call and email Judge Lin's Courtroom Deputy to alert the Court of the filing of any application for a temporary restraining order, a stipulation that requires a response from the Court within 24 hours, or any other emergency request.
Counsel should call and email Judge Lin's Courtroom Deputy to alert the Court of the filing of any application for a temporary restraining order, a stipulation that requires a response from the Court within 24 hours, or any other emergency request.
Civil cases
Counsel must notify opposing counsel of witnesses for the next two trial days.
At the close of each trial day, counsel must notify the other side of the witnesses who will be called the following two trial days.
Criminal cases
Page 7 | Witness Notification Requirement
Court order required for equipment entry; request from Courtroom Deputy no later than 10 days before trial.
The United States Marshal requires a court order to allow equipment into the courthouse. To request such an order, the parties should contact the Courtroom Deputy no later than 10 days before trial.
Criminal cases
Should a daily transcript and/or real-time reporting be desired, the parties shall make arrangements with the Court Reporter Supervisor, at (415) 522-2079, at least 14 days before the trial date.
Should a daily transcript and/or real-time reporting be desired, the parties shall make arrangements with the Court Reporter Supervisor, at (415) 522-2079, at least 14 days before the trial date.
Criminal cases
For electronic equipment, the parties should arrange with the Courtroom Deputy no later than 10 days before trial a date to set up and test the equipment in advance of trial and be prepared to maintain the equipment during trial.
For electronic equipment, the parties should arrange with the Courtroom Deputy no later than 10 days before trial a date to set up and test the equipment in advance of trial and be prepared to maintain the equipment during trial.
Criminal cases
The parties should contact the Courtroom Deputy no later than 10 days before trial to discuss any questions or issues about the layout of the courtroom.
The parties should contact the Courtroom Deputy no later than 10 days before trial to discuss any questions or issues about the layout of the courtroom.
Criminal cases
Interpreter requests for witnesses must be made to Courtroom Deputy at least 30 days before trial.
If any witness will require an interpreter at trial, counsel shall notify the Courtroom Deputy at least 30 days before the commencement of trial.
Criminal cases
Counsel should call and email Judge Lin’s Courtroom Deputy to alert the Court of the filing of any application for a temporary restraining order, a stipulation that requires a response from the Court within 24 hours, or any other emergency request.
Counsel should call and email Judge Lin’s Courtroom Deputy to alert the Court of the filing of any application for a temporary restraining order, a stipulation that requires a response from the Court within 24 hours, or any other emergency request.
Page 2 | EMERGENCY APPLICATIONS
All proposed orders should be sent in Microsoft Word compatible format to rflpo@cand.uscourts.gov.
All proposed orders should be sent in Microsoft Word compatible format to rflpo@cand.uscourts.gov.
Page 6 | PROPOSED ORDERS
The proposed notices, claims forms, and other documents associated with preliminary approval should be sent in Microsoft Word compatible format to rflpo@cand.uscourts.gov.
The proposed notices, claims forms, and other documents associated with preliminary approval should be sent in Microsoft Word compatible format to rflpo@cand.uscourts.gov.
Page 10 | Notice and Claims Procedure
Proposed findings and conclusions must be emailed to rflpo@cand.uscourts.gov in addition to filing on ECF.
In addition to being filed, the proposed findings and conclusions must be emailed to the Court (rflpo@cand.uscourts.gov) in Word compatible format.
Page 12 | ERISA CASES
Counsel should not call to reserve hearing dates but should instead check Judge Lin's calendar and Scheduling Notes on the Court's website to make sure the desired date is not blocked and notice motions for any available date on the civil law and motions calendar. The parties may not specially set any matter at a time other than the regularly scheduled civil law and motions calendar without leave of the Court. Counsel for the moving party shall confer with opposing counsel about a mutually convenient hearing date before noticing any motion.
Counsel should not call to reserve hearing dates but should instead check Judge Lin's calendar and Scheduling Notes on the Court's website to make sure the desired date is not blocked and notice motions for any available date on the civil law and motions calendar. The parties may not specially set any matter at a time other than the regularly scheduled civil law and motions calendar without leave of the Court. Counsel for the moving party shall confer with opposing counsel about a mutually convenient hearing date before noticing any motion.
Civil cases
Counsel should call and email Judge Lin's Courtroom Deputy to alert the Court of the filing of any application for a temporary restraining order, a stipulation that requires a response from the Court within 24 hours, or any other emergency request. If the party seeking emergency relief does not show that it made every reasonable effort to notify the opposing party, at the earliest possible time, of its intent to seek emergency relief, the relief will not be granted.
Counsel should call and email Judge Lin's Courtroom Deputy to alert the Court of the filing of any application for a temporary restraining order, a stipulation that requires a response from the Court within 24 hours, or any other emergency request. If the party seeking emergency relief does not show that it made every reasonable effort to notify the opposing party, at the earliest possible time, of its intent to seek emergency relief, the relief will not be granted.
Civil cases
Defense counsel must email a copy of the plea agreement to rflcrd@cand.uscourts.gov no later than noon two court days (normally Tuesday) before the plea is entered.
If a plea is being entered pursuant to a plea agreement, counsel for the defendant shall email a copy of the plea agreement to rflcrd@cand.uscourts.gov no later than noon two court days before the plea is to be entered. Normally, that would be Tuesday at noon.
Criminal cases
Page 2 | CHANGE OF PLEA
In addition to being filed, the proposed findings and conclusions must be emailed to the Court (rflpo@cand.uscourts.gov) in Word compatible format.
In addition to being filed, the proposed findings and conclusions must be emailed to the Court (rflpo@cand.uscourts.gov) in Word compatible format.
Page 12 | CLASS ACTIONS
In addition to filing, parties must email the designations chart to the Court at rflpo@cand.uscourts.gov in Word format with a blank column for the Court's ruling.
In addition to being filed, the designations chart must be emailed to the Court (rflpo@cand.uscourts.gov) in Word format, with a blank column in the table added for the Court's ruling.
Civil cases
Page 13 | DEPOSITION AND DISCOVERY DESIGNATIONS
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, at least 14 days before 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, at least 14 days before the trial date.
Civil cases
Page 13 | PRETRIAL ARRANGEMENTS
Junior Lawyer Participation Incentives
Junior lawyers encouraged to present arguments and examine witnesses.
The Court strongly encourages parties to permit less experienced attorneys to actively participate in the proceedings by presenting argument at motion hearings or examining witnesses at trial.
Civil cases
Court encourages junior attorneys to present arguments at motion hearings; experienced co-counsel may argue briefly at end.
The Court strongly encourages parties to permit less experienced attorneys to actively participate in the proceedings by presenting argument at motion hearings or examining witnesses at trial. Co-counsel with more experience may still offer argument for a few minutes at the end of the hearing. Parties may e-mail the Courtroom Deputy in advance of the hearing, with a copy to all other parties, to notify Judge Lin of their intent to utilize this provision.
Civil cases
The Court strongly encourages parties to let less experienced attorneys present argument at motion hearings and examine witnesses at trial, with more experienced co-counsel still permitted to argue a few minutes at the end of the hearing.
The Court strongly encourages parties to permit less experienced attorneys to actively participate in the proceedings by presenting argument at motion hearings or examining witnesses at trial. Co-counsel with more experience may still offer argument for a few minutes at the end of the hearing.
Page 3 | SCHEDULING AND HEARINGS
Judge Lin strongly encourages parties to let less experienced attorneys argue motions and examine witnesses at trial; experienced co-counsel may still argue briefly at the end, and parties should email the Courtroom Deputy (copying all parties) in advance to use this provision.
The Court strongly encourages parties to permit less experienced attorneys to actively participate in the proceedings by presenting argument at motion hearings or examining witnesses at trial. Co-counsel with more experience may still offer argument for a few minutes at the end of the hearing. Parties may e-mail the Courtroom Deputy in advance of the hearing, with a copy to all other parties, to notify Judge Lin of their intent to utilize this provision.
Page 3 | SCHEDULING AND HEARINGS