Judge Trina L. Thompson
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Attorney filings
- 1 copy
- 1 copy • Within 3 Days
Exhibits
- 3 copies
Binding: Three Ring Binder
Motion
- 14 Days Before Pretrial Conference
- Not Specified in Source
Motion in Limine
- 14 Days Before Pretrial Conference
Adjournments
- Counsel and the parties remain obligated to proceed unless the Court expressly approves an advance continuance.
- If the trial date changes, parties may seek adjusted compliance deadlines, but the adjustments take effect only if the Court approves them.
- Trial dates set at initial case management conference are not continued absent compelling good cause.
- +14 more
Request must include
- Request to construe more than 10 terms must show good cause and be filed 2 weeks before deadline; sanctions for non-compliance.
Communication
Chambers
Clerk, Chambers
Phone
Chambers
Phone
Page & Word Limits31 rules
Parties are limited to filing one motion for summary judgment. Any party wishing to exceed this limit must request leave of Court and must show good cause.
Each party is limited to bringing five motions in limine.
Each opposition is limited to five pages; the moving party shall not file a reply brief.
- Opposition
- Up to 5 pages
Each motion shall be no longer than five pages and should address a single, separate topic.
- Page limit
- Up to 5 pages
Trial briefs are optional; any filed brief may not exceed five pages and must be filed at least seven days before trial.
- Trial brief
- Up to 5 pages
Court's wording
Parties are not required to file trial briefs. If a party chooses to file a trial brief, it shall not be longer than five pages and must be filed at least seven days prior to the commencement of trial.
If evidentiary disputes remain unresolved, each party must file one statement of no more than five pages by midnight.
- Statement
- Up to 5 pages per party
Court's wording
If the parties cannot in good faith resolve all of their evidentiary disputes without the Court’s involvement, each party shall file a single statement of five pages or less framing its position on the dispute(s) by midnight.
If the parties seek to move one of these dates, the parties must file a joint statement of no more than three pages proving particularized good cause for the requested change.
- Joint statement
- Up to 3 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.
- Disputed instruction explanation
- Up to 1 page per party
Following the disputed instruction, each party shall explain, in no more than one page why the instruction should or should not be given.
- Disputed instruction explanation
- Up to 1 page per party
If the verdict form is disputed, each party shall explain, in no more than one page, why its proposed verdict form should be given.
- Verdict form explanation
- Up to 1 page per party
Each motion and opposition shall be no longer than five pages and should address a single, separate topic.
- Opposition
- Up to 5 pages
- Motion in limine
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, including supporting case citations.
- Page limit
- Up to 1 page per party
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
If the verdict form is disputed, each party shall explain, in no more than one page, why its proposed verdict form should be given.
- Verdict form explanation
- Up to 1 page per party
If a party chooses to file a trial brief, it shall not be longer than five pages and must be filed at least seven days prior to the commencement of trial.
- Trial brief
- Up to 5 pages
Each opposition is limited to five pages; the moving party shall not file a reply brief.
- Opposition
- Up to 5 pages
Each motion shall be no longer than five pages and should address a single, separate topic.
- Page limit
- Up to 5 pages
Each party is limited to bringing five motions in limine.
If the parties cannot in good faith resolve all of their evidentiary disputes without the Court’s involvement, each party shall file a single statement of five pages or less framing its position on the dispute(s) by midnight.
- Evidentiary dispute statement
- Up to 5 pages per party
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, including supporting case citations.
- Page limit
- Up to 1 page per party
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
If the verdict form is disputed, each party shall explain, in no more than one page, why its proposed verdict form should be given.
- Verdict form explanation
- Up to 1 page per party
If a party chooses to file a trial brief, it shall not be longer than five pages and must be filed at least seven days prior to the commencement of trial.
- Trial brief
- Up to 5 pages
Each opposition is limited to five pages;
- Opposition
- Up to 5 pages
Each motion shall be no longer than five pages and should address a single, separate topic.
- Page limit
- Up to 5 pages
Document Format Requirements26 rules
The parties shall also submit the joint proposed final pretrial order in Word format via email to Courtroom Deputy, Robert McNamee, at TLTPO@cand.uscourts.gov.
Unless otherwise ordered, deliver three sets of pre-marked exhibits in labeled three-ring binders to the Clerk at least seven days before trial; binder quality and labeling should facilitate review, and binder spines should be no wider than three inches whenever possible.
- Binding
- Three-ring binder
- Exhibits
Court's wording
Unless otherwise ordered, at least seven days before trial, the parties must deliver three sets of all pre-marked exhibits in clearly labeled three-ring binders to the Clerk’s office, marked for the attention of the Courtroom Deputy, Robert McNamee. The quality, condition, and labeling of the binders should be such that the Court can easily transport and review the binders’ contents. Whenever possible, the spine of a binder should not be wider than three inches.
Each PDF document should be text-searchable whenever practicable. This requirement is waived for litigants proceeding pro se.
- File type
Proposed orders shall be submitted in Word format by email to the Courtroom Deputy at TLTPO@cand.uscourts.gov on the same day the proposed order is e-filed.
- File type
- Word
- Proposed order
(Or any other substantively similar format that permits the Court to compare terms side by side.)
Formatting
- •Format must permit the Court to compare disputed terms side by side
- •Any substantively similar format that achieves side-by-side comparison is acceptable
Exhibits shall be identified with tags in the format shown here:
Exhibits to motions or declarations shall be side-tabbed and numbered or lettered.
The specified joint pretrial materials must also be emailed to the Courtroom Deputy in Word format no later than 14 days before the final pretrial conference.
- File type
- Word
- Pretrial statement
- Proposed order
- Jury instructions
- Voir dire questions
- Verdict form
- Statement of the case
Court's wording
No later than 14 days before the final pretrial conference, the parties shall also submit the joint proposed pretrial statement and proposed order, and any proposed jury instructions, voir dire questions, verdict form(s), and statement of the case in Word format via email to Courtroom Deputy, Robert McNamee, at TLTPO@cand.uscourts.gov.
No later than 14 days before the final pretrial conference, the parties must email the specified proposed pretrial documents in Word format to the Courtroom Deputy.
- File type
- Word
- Pretrial statement
- Proposed order
- Jury instructions
- Voir dire questions
- Verdict form
- Statement of the case
Court's wording
No later than 14 days before the final pretrial conference, the parties shall also submit the joint proposed pretrial statement and proposed order, and any proposed jury instructions, voir dire questions, verdict form(s), and statement of the case in Word format via email to Courtroom Deputy, Robert McNamee, at TLTPO@cand.uscourts.gov.
Unless otherwise ordered, at least seven days before trial, the parties must deliver three sets of all pre-marked exhibits in clearly labeled three-ring binders to the Clerk’s office, marked for the attention of the Courtroom Deputy, Robert McNamee. The quality, condition, and labeling of the binders should be such that the Court can easily transport and review the binders’ contents. Whenever possible, the spine of a binder should not be wider than three inches.
- Binding
- Three-ring binder
- Exhibits
Formatting
- •Mark the delivery for the attention of the Courtroom Deputy, Robert McNamee
13 Days Before Submit two binders to the Clerk’s office containing the joint pretrial statement and proposed order, any proposed jury instructions, voir dire questions, verdict forms, statement of the case, and trial briefs, as well as all motions in limine, oppositions, and/or statements of non- opposition (¶ 6)
Formatting
- •Submit two binders to the Clerk’s office containing the listed pretrial documents
Email the specified proposed documents in Word format 14 days before the pretrial conference.
- File type
- Word
Court's wording
14 Days Before Email Word versions of the proposed joint pretrial statement and proposed order, proposed jury instructions, voir dire questions, verdict form(s), and statement of the case to TLTPO@cand.uscourts.gov. (¶ 5)
The specified exhibits must be submitted to the Clerk’s office on a flash drive.
Court's wording
7 Days Before Trial Submit a flash drive to the Clerk’s office containing the exhibits identified in Section (h) of the parties’ joint pretrial statement and proposed order (and not already excluded by the Court in limine) (¶ 7)
Proposed orders shall be submitted in Word format by email to the Courtroom Deputy at TLTPO@cand.uscourts.gov on the same day the proposed order is e-filed.
- File type
- Word
- Proposed order
Electronically filed documents must be text-searchable PDFs whenever possible. This requirement is waived for self-represented litigants who are proceeding without a lawyer.
- File type
Formatting
- •Text-searchable
Counsel shall e-mail a copy of their proposed jury instructions in Word format to
- File type
- Word
- Proposed jury instructions
Modifications to model jury instructions must be plainly identified, with removed language shown in strikethrough and added language underlined.
Court's wording
Any modifications to a form instruction must be plainly identified to the Court. Any language a party proposes to be removed from a model instruction must be designated with a strikethrough and language proposed to be added to a model instruction must be underlined.
Any language a party proposes to be removed from a model instruction must be designated with a strikethrough and language proposed to be added to a model instruction must be underlined.
Each exhibit shall be pre-marked with a trial exhibit sticker (“Trial Exhibit No.__”), not deposition exhibit label, and defendant’s exhibit numbers shall be sequenced to begin after plaintiff’s exhibit numbers.
The quality, condition, and labeling of the binders should be such that the Court can easily transport and review the binders’ contents. Whenever possible, the spine of a binder should not be wider than three inches.
- Binding
- Binder
Any language a party proposes to be removed from a model instruction must be designated with a strikethrough and language proposed to be added to a model instruction must be underlined.
Each PDF document should be text-searchable whenever practicable. This requirement is waived for litigants proceeding pro se.
Document Filing Requirements172 rules
Plaintiff/removing defendant must serve standing orders and file certificate of service.
- Document
- Standing order service
Must include
- •Certificate of service
Court's wording
2. Plaintiff (or in the case of removed cases, any removing defendant) shall promptly serve copies of this standing order and the Standing Order for All Judges of the Northern District Northern District of California of California upon all parties to the action, and upon those subsequently joined, in accordance with the provisions of Federal Rules of Civil Procedure 4 and 5. Following service, the responsible party shall file a certificate of service with the Clerk of this Court.
Parties must follow FRCP, Local Rules, and General Orders, with non-compliance subject to sanctions.
Court's wording
1. Parties and counsel shall follow the Federal Rules of Civil Procedure, Civil Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court’s standing orders. Any failure to comply with any of the rules and orders may be deemed sufficient grounds for monetary sanctions, dismissal, entry of default judgment, or other appropriate sanctions.
Joint case management statement required; no incorporation by reference.
Court's wording
12. Unless otherwise ordered, the parties must file a joint case management statement addressing those items required by the Standing Order for all Judges of the Northern District of California. Parties must not incorporate prior case management statements by reference.
Parties must file ADR Stipulation and Proposed Order form at least 7 days before case management conference.
Court's wording
Consistent with Civil Local Rule 16-8(c) and Alternative Dispute Resolution (“ADR”) Local Rule 3-5(b), at least seven calendar days prior to the case management conference, the parties shall also file the Stipulation and Proposed Order form, which identifies the ADR process that the parties have selected and a proposed deadline by which the parties will conduct the ADR session. The court form is available at: https://www.cand.uscourts.gov/filelibrary/3389/ADR_Stip_fillable.pdf.
Daubert motions must be filed and heard by the dispositive motion hearing deadline.
- Document
- Daubert motion
Must include
- •Filed and heard by dispositive motion deadline
The parties must allow at least eight weeks between the proposed dispositive and Daubert motions’ hearing deadline and the proposed final pretrial conference.
Last Day to Hear Dispositive Motions is at least eight weeks before pretrial conference.
Joint Pretrial Statements (including objections, motions in limine, and jury instructions) are due four weeks before Pretrial Conference.
The attorney appearing at a case management conference must have full authority to make decisions about any issue that may come up during the conference.
Parties must file joint 3-page statement with particularized good cause to move scheduled dates.
Court's wording
Once the Court has entered a case schedule, the parties may not move the dates except by Court order. If the parties seek to move one of these dates, the parties must file a joint statement of no more than three pages proving particularized good cause for the requested change.
All amended complaints shall attach as an exhibit a red-line document showing the changes made to the previously filed complaint.
Motions for summary judgment must comply with Civil Local Rule 7 in all respects.
Proposed orders shall be submitted in Word format by email to the Courtroom Deputy at TLTPO@cand.courts.gov on the same day the proposed order is e-filed.
Any billing statements submitted for review of the Court must indicate AI usage when applicable.
- Document
- Billing statement
Must include
- •AI disclosure
Joint claim construction statement must be truly joint with disputed terms designated and side-by-side constructions.
Court's wording
The initial joint claim construction statement required by Patent Local Rule 4-3 must be truly joint. Disputed terms, phrases, and clauses must be designated as disputed. All other terms will be presumed to be undisputed. For any term in dispute, the parties must agree on the identity of the term. With regards to disputed terms, phrases, or clauses, the joint statement will list each disputed term, phrase, or clause (listed by claim); each party’s proposed construction; and support for each party’s proposed construction side by side. A model claim construction statement is attached to this Order.
Parties must follow FRCP, Patent Local Rules, and General Orders except where superseded by this standing order.
Court's wording
Parties and counsel shall follow the Federal Rules of Civil Procedure, the Patent Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court’s standing orders.
Patents in dispute must be cited or attached; prosecution history must be available upon request.
Court's wording
In the joint claim construction statement, parties must either cite to the docket where copies of all patents in dispute can be found or attach copies of all patents in dispute. Parties must also make a complete prosecution history for each patent available to the Court upon request.
Court will construe no more than 10 terms; parties must meet and confer to narrow terms if more than 10 are at issue.
Court's wording
The Court will generally construe no more than 10 terms. If multiple terms present identical issues, they may be grouped together or a representative term may be chosen, and each group or representative term may be considered a single term for purposes of the ten-term limit. 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 that are to be construed by the Court and shall jointly propose the ten terms requiring construction.
Pre-recorded tutorial (max 45 min per side) must be submitted 30 days before hearing via portable media; nonargumentative.
Court's wording
At least 30 days before the claim construction hearing, the parties shall, separately or jointly, submit a pre-recorded tutorial of no more than 45 minutes per side that presents a short summary and explanation of the technology at issue (see Patent Local Rule 4-5(a)), via portable media (e.g., flash drive or DVD). Nonargumentative demonstrations and visual aids are encouraged, and the Court generally prefers that someone other than counsel make the presentation. No argument will be permitted.
All demonstrative exhibits, PowerPoints, and visual aids must be provided to the Court at least 2 days before the hearing.
Joint status report must address 7 specific topics after claim construction.
Court's wording
In that report, the parties must address the following topics: a. whether either party wishes the Court to certify the claim construction ruling for immediate appeal to the Federal Circuit; b. the filing of dispositive motions, and the timing of those motions; c. if willful infringement has been asserted, whether the allegedly-infringing party wishes to rely on the advice of counsel defense—if so, the parties should be prepared to address proposals for resolving any attorney-client privilege issues that arise, and whether the parties believe bifurcation of the trial into liability and damages phases would be appropriate; d. anticipated post-claim construction discovery; e. proposed deadlines and court dates for the remainder of the case schedule; f. any other pretrial matters; and g. the progress of settlement discussions, if any.
Upon issuance of the claim construction ruling, the Court will also set a date for the filing of a further joint case management status report.
To assist the Court in preparing for oral arguments on a motion to dismiss or motion for judgement on the pleadings in a patent case in which a party seeks a ruling that one or more claims of the patent(s)-in-suit is ineligible due to subject matter, each party should include the following in its motion brief:
Filing & Service rules
Electronic Filing Rules
If daily transcript or real-time reporting is desired, the parties must e-file form CAND 435 at least 14 days before trial.
Should a daily transcript and/or real-time reporting be desired, the parties shall e-file a transcript order form (CAND 435), at least 14 days before trial.
Civil cases
Page 9
All pretrial filings in criminal cases must be submitted to the San Francisco Clerk's Office.
All pretrial filings in the Court’s criminal cases shall be submitted to the San Francisco Clerk’s Office.
Criminal cases
Page 1 | PRETRIAL FILINGS
Parties desiring a daily transcript and/or real-time reporting must e-file a transcript order form (CAND 435).
Should a daily transcript and/or real-time reporting be desired, the parties shall e-file a transcript order form (CAND 435), at least 14 days before trial.
Criminal cases
Page 5 | TRANSCRIPTS
If daily transcript or real-time reporting is desired, the parties must e-file form CAND 435 at least 14 days before trial and make arrangements with the Court Reporting Services supervisor at least 10 calendar days before trial.
Should a daily transcript and/or real-time reporting be desired, the parties shall e-file a transcript order form (CAND 435), at least 14 days before trial, and make arrangements with Richard Duvall, Supervisor of the Court Reporting Services at (415) 522-2079, at least ten calendar days prior to the trial date.
Civil cases
Page 9 | TRIAL
If daily transcripts or real-time reporting are desired, the parties must e-file form CAND 435 at least 14 days before trial and arrange reporting services at least ten calendar days before trial.
Should a daily transcript and/or real-time reporting be desired, the parties shall e-file a transcript order form (CAND 435), at least 14 days before trial, and make arrangements with Richard Duvall, Supervisor of the Court Reporting Services at (415) 522-2079, at least ten calendar days prior to the trial date.
Civil cases
Page 9 | TRIAL
The parties may exchange the proposed materials electronically if they agree to do so.
These materials may be provided in electronic form if the parties so agree.
Civil cases
Page 1 | EXCHANGE OF EVIDENCE
Filing Timing and Cure Windows
Unless the Court orders otherwise, the parties must file the documents listed in paragraphs 5–15 no later than seven days before the Pretrial Conference.
Unless otherwise ordered, the parties shall file the documents listed in paragraphs 5–15 (i.e., joint proposed final pretrial order) no later than seven days before the pretrial conference.
Civil cases
Page 2 | PRETRIAL FILINGS
The parties must file form exhibit and witness lists at least three days before trial.
At least three days prior to the first day of trial, the parties shall file form exhibit and witness lists.
Civil cases
Page 7 | PRETRIAL FILINGS
The joint case management statement must be filed at least seven calendar days before the case management conference, unless otherwise ordered by the court.
Parties shall file their joint statement not less than seven calendar days prior to the case management conference, unless otherwise ordered by the court.
Civil cases
Page 2 | CASE MANAGEMENT CONFERENCES
Parties must file the ADR Stipulation and Proposed Order form at least seven calendar days before the case management conference.
Consistent with Civil Local Rule 16-8(c) and Alternative Dispute Resolution (“ADR”) Local Rule 3-5(b), at least seven calendar days prior to the case management conference, the parties shall also file the Stipulation and Proposed Order form, which identifies the ADR process that the parties have selected and a proposed deadline by which the parties will conduct United States District Court the ADR session.
Civil cases
Page 3 | SCHEDULING
Daubert motions must be filed and heard by the dispositive motion hearing deadline.
Daubert motions must be filed and heard by the dispositive motion hearing deadline.
Civil cases
Page 3 | SCHEDULING
Proposed orders must be emailed to the Courtroom Deputy at TLTPO@cand.uscourts.gov on the same day they are e-filed.
Proposed orders shall be submitted in Word format by email to the Courtroom Deputy at TLTPO@cand.uscourts.gov on the same day the proposed order is e-filed.
Civil cases
Page 6
A request for leave to designate additional claim terms for construction must be filed no later than two weeks before the joint claim construction statement deadline, and more than ten terms submitted without leave will result in only the first ten being construed plus possible sanctions.
The request must be filed no later than two weeks before the deadline for filing the joint claim construction statement. 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 and sanctions may be imposed.
Civil cases
Page 2 | CLAIM CONSTRUCTION
Parties must submit a pre-recorded claim construction tutorial (maximum 45 minutes per side) at least 30 days before the claim construction hearing via portable media such as a flash drive or DVD.
At least 30 days before the claim construction hearing, the parties shall, separately or jointly, submit a pre-recorded tutorial of no more than 45 minutes per side that presents a short summary and explanation of the technology at issue (see Patent Local Rule 4-5(a)), via portable media (e.g., flash drive or DVD).
Civil cases
Page 2 | CLAIM CONSTRUCTION HEARING
Leave to present testimony at the claim construction hearing must be sought by administrative motion under Civil Local Rule 7-11 filed at least seven days before the hearing.
If either party wishes to present testimony at the claim construction hearing, counsel must seek leave of Court by filing an administrative motion pursuant to Civil Local Rule 7-11 at least seven days in advance of the hearing.
Civil cases
Page 3 | CLAIM CONSTRUCTION HEARING
All demonstrative exhibits, PowerPoints, and visual aids must be provided to the Court at least 2 days before the claim construction hearing, and duplicative demonstratives are strongly discouraged.
All demonstrative exhibits, PowerPoints, and visual aids must be provided to the Court at least 2 days before the hearing. Demonstrative exhibits, PowerPoints, visual aids that are duplicative of the arguments made in the parties’ claim construction briefs are strongly discouraged.
Civil cases
Page 3 | CLAIM CONSTRUCTION HEARING
The joint pretrial statement must be filed at least seven days before the pretrial conference.
A joint pretrial statement shall be filed at least seven days prior to the Pretrial Conference and shall address all the items listed in Criminal Local Rule 17.1-1(b).
Criminal cases
Page 1 | PRETRIAL FILINGS
The government and defense counsel must serve and file the required pretrial submissions (trial memorandum, witness list, exhibit lists, and marked exhibits) at least seven days before the pretrial conference.
In addition, the government and, to the extent consistent with defendant’s right to an effective defense, defense counsel shall do the following at least seven days prior to the Pretrial Conference:
Criminal cases
Page 1 | PRETRIAL FILINGS
All parties shall do the following at least seven days prior to the Pretrial Conference:
All parties shall do the following at least seven days prior to the Pretrial Conference:
Criminal cases
Page 2 | PRETRIAL FILINGS
Motions in limine to be heard before trial must be filed and served at least 14 days before the Pretrial Conference.
Any party wishing to have motions in limine heard prior to the commencement of trial must file and serve them at least fourteen (14) days prior to the Pretrial Conference.
Criminal cases
Page 3 | MOTIONS IN LIMINE
Oppositions to motions in limine must be filed and served at least 7 days in advance (the rest of the sentence, including the reference event, is cut off in the excerpt).
Any opposition thereto must be filed and served at least seven (7) days
Criminal cases
Page 3 | MOTIONS IN LIMINE
The transcript order form (CAND 435) must be e-filed at least 14 days before trial.
Should a daily transcript and/or real-time reporting be desired, the parties shall e-file a transcript order form (CAND 435), at least 14 days before trial.
Criminal cases
Page 5 | TRANSCRIPTS
Unresolved objections to opening statement visuals, graphics, or exhibits must be filed in writing by the Thursday before trial.
Parties must meet and confer to exchange any visuals, graphics, or exhibits to be used in opening statements. Unless otherwise agreed, the exchange must occur no later than close of business by the Wednesday before trial. Any objections not resolved must be filed in writing by the Thursday before trial.
Criminal cases
Page 5 | OPENING STATEMENTS
The written request and proposed order to bring technology into the Courthouse must be filed no later than seven days before trial begins.
The parties must file a written request and proposed order no later than seven days prior to the beginning of trial if they wish to bring any such technology into the Courthouse.
Criminal cases
Page 6 | TECHNOLOGY
Unless the Court orders otherwise, the listed pretrial documents must be filed no later than 14 days before the pretrial conference.
Unless otherwise ordered, the parties shall file the documents listed in paragraphs 6–15 (i.e., joint pretrial statement and proposed order, proposed jury instructions, proposed voir dire questions, proposed verdict forms, proposed statement of the case, and trial briefs) no later than 14 days before the pretrial conference.
Civil cases
Page 2 | PRETRIAL FILINGS
Any trial brief a party elects to file must be filed at least seven days before trial begins.
If a party chooses to file a trial brief, it shall not be longer than five pages and must be filed at least seven days prior to the commencement of trial.
Civil cases
Page 6 | PRETRIAL FILINGS
The parties must file exhibit and witness lists at least three days before the first day of trial.
At least three days prior to the first day of trial, the parties shall file form exhibit and witness lists.
Civil cases
Page 7 | PRETRIAL FILINGS
Motions in limine must be filed no later than 21 days before the Pretrial Conference.
Motions in limine must be filed with the Court no later than 21 days prior to the date set for the Pretrial Conference.
Civil cases
Page 8 | PRETRIAL FILINGS
An opposition or statement of non-opposition to a motion in limine must be filed no later than 14 days before the Pretrial Conference.
Any party opposing a motion in limine shall file its opposition papers (or statement of non-opposition) no later than 14 days prior to the Pretrial Conference.
Civil cases
Page 8 | PRETRIAL FILINGS
Service and Proof of Service Rules
Counsel for the proffering party must provide the final packet to the Court at least two calendar days before the proffer is used.
Counsel for the proffering party must then assemble a final packet, including objections and responses to objections, and provide it to the Court at least two calendar days before the proffer will be used.
Civil cases
Page 5 | Deposition Designation
At least 30 days before the Pretrial Conference, each party must provide the other parties witness names and testimony subjects, plus citations to potentially introduced discovery evidence, except evidence used solely for impeachment or rebuttal.
At least 30 days before the Pretrial Conference, each party shall provide every other party (but not the Court) with (1) the names of all witnesses each party intends to call at trial, as well as a brief description of the subject matter of their testimony; and (2) a list containing citations to all evidence that a party might introduce at trial, other than that to be used solely for impeachment or rebuttal, that was obtained from deposition testimony, interrogatory responses, or ===== PAGE 2 ===== 1 responses to requests for admission.
Civil cases
Page 1 | EXCHANGE OF EVIDENCE
Each party must provide every other party, but not the Court, one set of proposed case-in-chief trial materials and a complete exhibit list at least 30 days before the Pretrial Conference.
At least 30 days before the Pretrial Conference, each party shall provide every other party (but not the Court) with one set of all proposed exhibits, charts, schedules, summaries, diagrams, and other similar documentary materials to be used in its case in chief at trial, together with a complete list of all such proposed exhibits.
Civil cases
Page 1 | EXCHANGE OF EVIDENCE
Plaintiff (or the removing defendant in a removed case) must promptly serve this standing order and the Standing Order for All Judges on all parties, including those later joined, per FRCP 4 and 5, and then file a certificate of service with the Clerk.
Plaintiff (or in the case of removed cases, any removing defendant) shall promptly Northern District of California serve copies of this standing order and the Standing Order for All Judges of the Northern District of California upon all parties to the action, and upon those subsequently joined, in accordance with the provisions of Federal Rules of Civil Procedure 4 and 5. Following service, the responsible party shall file a certificate of service with the Clerk of this Court.
Civil cases
Page 1 | SERVICE OF STANDING ORDER
Copies of all marked exhibits must be served on all parties at least seven days before the pretrial conference.
Serve and file exhibit lists and serve copies of all marked exhibits on all parties.
Criminal cases
Page 2 | PRETRIAL FILINGS
Each party must provide every other party, but not the Court, one set of its proposed case-in-chief materials and a complete exhibit list at least 30 days before the Pretrial Conference.
At least 30 days before the Pretrial Conference, each party shall provide every other party (but not the Court) with one set of all proposed exhibits, charts, schedules, summaries, diagrams, and other similar documentary materials to be used in its case in chief at trial, together with a complete list of all such proposed exhibits.
Civil cases
Page 1 | EXCHANGE OF EVIDENCE
Each party must provide the opposing parties its intended trial witnesses and testimony subjects, plus citations to specified potential trial evidence, at least 30 days before the Pretrial Conference.
At least 30 days before the Pretrial Conference, each party shall provide every other 2 party (but not the Court) with (1) the names of all witnesses each party intends to call at trial, as well as a brief description of the subject matter of their testimony; and (2) a list containing citations to all evidence that a party might introduce at trial, other than that to be used solely for impeachment or rebuttal, that was obtained from deposition testimony, interrogatory responses, or responses to requests for admission.
Civil cases
Page 2 | EXCHANGE OF EVIDENCE
At least 30 days before the Pretrial Conference, each party must provide every other party one set of its proposed case-in-chief trial materials and a complete exhibit list; electronic delivery is allowed by agreement.
At least 30 days before the Pretrial Conference, each party shall provide every other party (but not the Court) with one set of all proposed exhibits, charts, schedules, summaries, diagrams, and other similar documentary materials to be used in its case in chief at trial, together with a complete list of all such proposed exhibits. These materials may be provided in electronic form if the parties so agree.
Civil cases
Page 1 | EXCHANGE OF EVIDENCE
At least 30 days before the Pretrial Conference, each party must provide other parties witness names and testimony subjects and citations to potentially introduced discovery-derived evidence, excluding evidence used solely for impeachment or rebuttal.
At least 30 days before the Pretrial Conference, each party shall provide every other 2 party (but not the Court) with (1) the names of all witnesses each party intends to call at trial, as well as a brief description of the subject matter of their testimony; and (2) a list containing citations to all evidence that a party might introduce at trial, other than that to be used solely for impeachment or rebuttal, that was obtained from deposition testimony, interrogatory responses, or responses to requests for admission.
Civil cases
Page 2 | EXCHANGE OF EVIDENCE
Deposition testimony should be provided to all other parties at least five calendar days before it will be used in court.
Deposition testimony should be provided to all other parties at least five calendar days before it will be used in court.
Civil cases
Page 5 | Deposition Designation
Deposition testimony should be provided to all other parties at least five calendar days before use in court; voluminous designations require more lead time.
Deposition testimony should be provided to all other parties at least five calendar days before it will be used in court. For the rare case of voluminous designations, more lead time will be required. Please be reasonable.
Civil cases
Page 5 | TRIAL
The parties may provide the proposed trial materials electronically if they agree.
These materials may be provided in electronic form if the parties so agree.
Civil cases
Page 1 | EXCHANGE OF EVIDENCE
Courtesy Copy Requirements
Chambers copies required for non-pro se litigants; must be double-sided, three-hole punched, tabbed for declarations/exhibits, and bound if over 25 pages.
Except for pro se litigants, parties are required to provide one set of paper chambers copies of all electronically filed documents, including the opening, opposition, and reply briefs and any supporting declarations and exhibits. All copies must be double-sided and three-hole punched at the left-hand side. Chambers copies containing declarations and exhibits must be separated by tabbed dividers. Any chambers copies, including declarations and exhibits, that are more than 25 pages must be in a binder.
Civil cases
Page 6 | FILING AND COURTESY COPIES
Chambers copies must be marked “Chambers Copy – Do Not File” and delivered to Clerk’s Office within 3 days of e-filing.
Chambers copies shall be marked “Chambers Copy – Do Not File” and be delivered to the Clerk’s Office no later than three days after electronic filing.
Civil cases
Page 6 | FILING AND COURTESY COPIES
should submit a digital courtesy copy of their motions to the Court 14 days before the Pretrial Conference
should submit a digital courtesy copy of their motions to the Court 14 days before the Pretrial Conference
Civil cases
Page 5
Paper courtesy copies of motion filings and supporting documents must be submitted to the Court, but not for pleadings or administrative motions.
Paper courtesy copies of motion filings, including supporting documents, shall be submitted to the Court. This courtesy does not apply to pleadings or administrative motions.
Civil cases
Page 6 | FILING AND COURTESY COPIES
Digital courtesy copies of motions must be submitted on portable media
Digital courtesy copies of motions filings, including supporting documents, shall be submitted to the Court on portable media (e.g., a flash drive or CD).
Criminal cases
Page 3 | COURTESY COPIES
Parties must deliver two copies of the pretrial statement to the San Francisco Clerk's Office in three-ringed binders complying with paragraph 19.
Parties shall deliver two copies of the pretrial statement, attaching the items described above, in three-ringed binders that comply with the instructions at paragraph 19 below to the San Francisco’s Clerk’s Office.
Criminal cases
Page 3 | PRETRIAL FILINGS
Courtesy copies of all motions in limine and oppositions must be provided in the manner set out at paragraph 19.
Courtesy copies of all motions in limine and oppositions thereto shall be provided in the manner set out at paragraph 19.
Criminal cases
Page 4 | MOTIONS IN LIMINE
Two sets of exhibit binders, marked "Chambers Copies" and "Clerk's Copies," must be delivered to the San Francisco Clerk's office five days before trial, with labeled dividers for each exhibit and spine labels showing the exhibit numbers.
Two sets of binders containing copies of the exhibits must be provided to the Clerk’s office in San Francisco five days before trial. One should be marked “Chambers Copies” and the other as “Clerk’s Copies.” Each exhibit must be separated with a label divider identifying the exhibit number. Each binder should bear a spine label indicating the numbers of the exhibits contained therein.
Criminal cases
Page 4 | EXHIBITS
Counsel must submit two double-sided, three-hole-punched courtesy copies of all filings, marked with the ECF stamp, labeled 'Chambers Copy – Do Not File', and placed in an envelope bearing Judge Thompson's name and the case number.
Counsel shall submit two courtesy copies of all filings. All courtesy copies must be double-sided, three-hole punched at the left margin, and marked with the ECF stamp (case number, document number, date, and page number) on the top of each page. These printed copies shall be marked “Chambers Copy – Do Not File” and shall be in an envelope clearly labeled with Judge Thompson’s name and the case number.
Criminal cases
Page 5 | COURTESY COPIES
Courtesy copies of filings exceeding 50 pages (including exhibits) must be submitted in three-ring binders.
If the documents filed exceed 50 pages including exhibits, the filing party shall submit courtesy copies in three ring binders.
Criminal cases
Page 5 | COURTESY COPIES
Digital courtesy copies of the listed pretrial materials and specified motions-related filings must be delivered to the Clerk’s office on portable media by noon the day after filing.
Digital courtesy copies of these materials (as well as any motions in limine, oppositions to those motions, and/or statements of non-opposition) must be delivered to the Clerk’s office on portable media (e.g., a flash drive or CD) by noon the day after filing.
Civil cases
Page 2 | PRETRIAL FILINGS
Unless otherwise ordered, parties must deliver three sets of pre-marked exhibits in clearly labeled three-ring binders to the Clerk’s office at least seven days before trial, attention the Courtroom Deputy.
Unless otherwise ordered, at least seven days before trial, the parties must deliver three sets of all pre-marked exhibits in clearly labeled three-ring binders to the Clerk’s office, marked for the attention of the Courtroom Deputy, Robert McNamee.
Civil cases
Page 7 | PRETRIAL FILINGS
Digital courtesy copies of the specified pretrial materials and motions-in-limine filings must be delivered to the Clerk’s office on portable media by noon the day after filing, with the required ECF stamp and media label.
Digital courtesy copies of these materials (as well as any motions in limine, oppositions to those motions, and/or statements of non-opposition) must be delivered to the Clerk’s office on portable media (e.g., a flash drive or CD) by noon the day after filing. All courtesy copies must be marked with the ECF stamp (case number, document number, date, and page number) on the top of each page. The portable media shall be clearly labeled with Judge Thompson’s name and the case number.
Civil cases
Page 2 | PRETRIAL FILINGS
Courtesy copies of all motions in limine and oppositions must be included in the pretrial-filings binder in the format specified in paragraph five.
Courtesy copies of all motions in limine and oppositions must be included in the binder containing the parties’ pretrial filings in the format described in paragraph five of this Order.
Civil cases
Page 8
Proposed orders shall be submitted in Word format by email to the Courtroom Deputy at TLTPO@cand.uscourts.gov on the same day the proposed order is e-filed.
Proposed orders shall be submitted in Word format by email to the Courtroom Deputy at TLTPO@cand.uscourts.gov on the same day the proposed order is e-filed.
Civil cases
Page 5 | PROPOSED ORDERS
Digital courtesy copies of motion filings and supporting documents must be submitted on portable media to chambers.
Digital courtesy copies of motions filings, including supporting documents, shall be submitted to the Court on portable media (e.g., a flash drive or CD).
Civil cases
Page 6
Parties filing motions in limine should submit a digital courtesy copy to the Court 14 days before the Pretrial Conference, such as on a flash drive or CD.
Parties filing a motion in limine should submit a digital courtesy copy of their motions to the Court 14 days before the Pretrial Conference (e.g., a flash drive or CD).
Civil cases
Page 4 | PRETRIAL FILINGS
A party filing a motion in limine should not submit digital courtesy copies until the parties file their pretrial filings 14 days before the Pretrial Conference.
No party filing a motion in limine should submit digital courtesy copies of their motions to the Court until the parties file their pretrial filings 14 days before the Pretrial conference.
Civil cases
Page 8 | PRETRIAL FILINGS
A party filing a motion in limine should not submit digital courtesy copies until the parties file their pretrial filings 14 days before the Pretrial Conference.
No party filing a motion in limine should submit digital courtesy copies of their motions to the Court until the parties file their pretrial filings 14 days before the Pretrial conference.
Civil cases
Page 8
One extra copy of the witness lists and exhibit lists should be furnished to the court reporter.
In addition, one extra copy of the witness lists and exhibit lists should be furnished to the court reporter.
Criminal cases
Page 5 | COURTESY COPIES
Sealing & Redaction Procedures
Documents under seal must comply with Civil Local Rule 79-5 (modified for Judge Thompson); non-conforming motions may be summarily terminated.
Any party seeking to file a document under seal must carefully review and comply with Civil Local Rule 79-5, except as that Rule is modified here for civil cases before Judge Thompson. Any non-confirming Motion to Seal may be summarily terminated by the Court.
Civil cases
Page 6 | MOTIONS TO SEAL
Proposed order for sealing must include table with docket numbers, document names, portions, and sealing reasons
Any proposed order under Civil Local Rule 79-5(c)(3) must include in the table for each item sought to be sealed: (1) the docket numbers of the public and provisionally sealed versions of documents sought to be filed under seal; (2) the name of the document; (3) the specific portion(s) of the document sought to be filed under seal; and (4) the filer’s reasons for seeking sealing of the material, along with citations to the relevant declarations and any supporting legal United States District Court authority.
Civil cases
Page 7 | Sealing Requirements
Filing party must provide specific justification for sealing each document with narrowly tailored redactions
The filing party must make a specific showing explaining why each document that it seeks to seal may justifiably be sealed and why the proposed redactions are as narrowly tailored as possible, rather than making blanket statements about the grounds for sealing. Generic and vague references to “competitive harm” are almost always insufficient justification for sealing.
Civil cases
Page 7 | Sealing Requirements
Designating Party declarations must include tabular proposed order and revised redacted/unredacted versions
Any declaration by a Designating Party under Civil Local Rule 79-5(f)(3) must include a new proposed order in the tabular format required by Civil Local Rule 79-5(c)(3) that includes the Designating Party’s reasons for sealing the material. In addition, any declaration by a Designating Party under Civil Local Rule 79-5(c)(3) that seeks less extensive sealing than its associated administrative motions to seal must be accompanied by revised redacted and unredacted versions of the documents sought to be sealed that comply with the requirements of Civil Local Rule 79-5(d) and (e), including the requirement that the portions sought to be sealed must be clearly marked on the unredacted version.
Civil cases
Page 7 | Sealing Requirements
Any party filing a document under seal must comply with Civil Local Rule 79-5, as modified by this standing order for civil cases before Judge Thompson.
Any party seeking to file a document under seal must carefully review and comply with Civil Local Rule 79-5, except as that Rule is modified here for civil cases before Judge Thompson.
Civil cases
Page 6 | MOTION TO SEAL
A Designating Party's declaration seeking less extensive sealing than its associated administrative motions to seal must be accompanied by revised redacted and unredacted versions of the documents, with the portions to be sealed clearly marked on the unredacted version.
In addition, any declaration by a Designating Party under Civil Local Rule 79-5(c)(3) that seeks less extensive sealing than its associated administrative motions to seal must be accompanied by revised redacted and unredacted versions of the documents sought to be sealed that comply with the requirements of Civil Local Rule 79-5(d) and (e), including the requirement that the portions sought to be sealed must be clearly marked on the unredacted version.
Civil cases
Page 7
Parties seeking to file a document under seal must follow the procedures required by the Criminal Local Rules. All documents under seal should be lodged with the San Francisco Clerk’s Office and the parties shall submit a chambers copy of the documents under seal.
Parties seeking to file a document under seal must follow the procedures required by the Criminal Local Rules. All documents under seal should be lodged with the San Francisco Clerk’s Office and the parties shall submit a chambers copy of the documents under seal.
Criminal cases
Page 2 | SEALED DOCUMENTS
Designating Parties under Civil Local Rule 79-5(c)(3) seeking less extensive sealing than associated administrative motions to seal must include compliant redacted and unredacted document versions with sealed portions clearly marked on unredacted copies.
Designating Party under Civil Local Rule 79-5(c)(3) that seeks less extensive sealing than its associated administrative motions to seal must be accompanied by revised redacted and unredacted versions of the documents sought to be sealed that comply with the requirements of Civil Local Rule 79-5(d) and (e), including the requirement that the portions sought to be sealed must be clearly marked on the unredacted version.
Civil cases
Page 7
The Court ordinarily does not grant leave to file motions in limine under seal.
The Court ordinarily does not grant leave to file motions in limine under seal.
Civil cases
Page 4 | PRETRIAL FILINGS
The Court ordinarily will not grant leave to file motions in limine under seal.
The Court ordinarily does not grant leave to file motions in limine under seal.
Civil cases
Page 8 | PRETRIAL FILINGS
The Court ordinarily does not grant leave to file motions in limine under seal.
The Court ordinarily does not grant leave to file motions in limine under seal.
Civil cases
Page 8
Filing Bundling Requirements
Digital courtesy copies of all motions in limine and oppositions must be included in pretrial filings using the format specified in Paragraph five.
Digital courtesy copies of all motions in limine and oppositions must be included in the parties’ pretrial filings in the format described in Paragraph five of this Order.
Civil cases
Page 5
Courtesy copies of all motions in limine and oppositions must be included in the pretrial-filings binder and follow paragraph five’s format.
Courtesy copies of all motions in limine and oppositions must be included in the binder containing the parties’ pretrial filings in the format described in paragraph five of this Order.
Civil cases
Page 8 | PRETRIAL FILINGS
Later-filing parties should cite to earlier exhibits and avoid duplicates; joint appendix encouraged.
Where each party relies on the same exhibit, the later-filing party should cite to the earlier-filed exhibit and should not file a duplicate exhibit. If possible, the parties should meet and confer prior to filing a motion and submit a joint appendix of evidence.
Civil cases
Page 6 | CITATIONS
Parties should not file duplicate exhibits (cite the earlier-filed one instead) and should, where possible, meet and confer and submit a joint appendix of evidence.
Where each party relies on the same exhibit, the later-filing party should cite to the earlier-filed exhibit and should not file a duplicate exhibit. If possible, the parties should meet and confer prior to filing a motion and submit a joint appendix of evidence.
Civil cases
Page 5 | EXHIBITS
The parties are encouraged to resolve as many trial issues as possible by stipulation.
The parties are encouraged to resolve as many trial issues by stipulation as possible.
Civil cases
Page 7
Later-filing parties should cite existing exhibits instead of duplicating; parties should meet and confer to submit joint evidence appendix.
Where each party relies on the same exhibit, the later-filing party should cite to the earlier-filed exhibit and should not file a duplicate exhibit. If possible, the parties should meet and confer prior to filing a motion and submit a joint appendix of evidence.
Civil cases
Page 5 | EXHIBITS
Pre-Motion Conference Requirements
Discovery disputes require joint letter (max 5 pages) after good faith effort.
Discovery disputes should be brought to the Court’s attention as early as possible. If the parties cannot resolve their discovery dispute after a good faith effort, they shall prepare and file a joint letter of no longer than five pages stating the nature and status of their dispute.
Civil cases
Page 5 | DISCOVERY DISPUTES
Testimony at claim construction requires administrative motion 7 days in advance.
If either party wishes to present testimony at the claim construction hearing, counsel must seek leave of Court by filing an administrative motion pursuant to Civil Local Rule 7-11 at least seven days in advance of the hearing.
Civil cases
Page 3 | Claim Construction Hearing
Lead trial counsel must meet and confer on settlement, joint pretrial filings, and narrowing trial issues at least seven days before the final Pretrial Conference; in-person meetings are encouraged when counsel are geographically close.
At least seven days before the final Pretrial Conference, lead counsel who will try the case shall meet and confer with respect to the following subjects: (1) settlement of the case; (2) preparation of the joint pretrial filings to be served and lodged pursuant to Federal Rule of Civil Procedure 26(a)(3); and (3) clarifying and narrowing the contested issues for trial in order to achieve a just, speedy, and efficient resolution of the case. Counsel in close geographical proximity are encouraged to meet in person.
Civil cases
Page 1 | MEET AND CONFER
Replies to motions in limine are not permitted.
No party may file a reply.
Civil cases
Page 4 | PRETRIAL FILINGS
Unless the Court orders otherwise, a party seeking to have motions in limine heard before trial must file and serve them at least 14 calendar days before the final pretrial conference.
Unless otherwise ordered, any party wishing to have motions in limine heard prior to the commencement of trial must file and serve any such motions at least 14 calendar days before the final pretrial conference.
Civil cases
Page 4 | PRETRIAL FILINGS
Oppositions to motions in limine must be filed and served at least three calendar days before the final pretrial conference.
Any oppositions thereto must be filed and served at least three calendar days before the final pretrial conference.
Civil cases
Page 4 | PRETRIAL FILINGS
If a party believes motions in limine are necessary, they must be filed no later than 21 days before the Pretrial Conference.
However, if a party believes motions in limine are necessary, any such motions must be filed with the Court no later than 21 days prior to the date set for the Pretrial Conference.
Civil cases
Page 4 | PRETRIAL FILINGS
Motions in limine may not seek summary judgment or raise Daubert challenges without the Court’s specific prior approval.
Motions in limine cannot be used to request summary judgment or raise Daubert challenges unless the Court has specifically granted prior approval.
Civil cases
Page 4 | PRETRIAL FILINGS
A party opposing a motion in limine must file opposition papers or a statement of non-opposition no later than 14 days before the Pretrial Conference.
Any party opposing a motion in limine shall file its opposition papers (or statement of non-opposition) no later than 14 days prior to the Pretrial Conference.
Civil cases
Page 4 | PRETRIAL FILINGS
Before filing a motion in limine, the moving party must first seek the opposing party’s stipulation to the requested relief.
Any party filing a motion in limine must first seek a stipulation from the opposing party or parties to the relief requested in the motion.
Civil cases
Page 4 | PRETRIAL FILINGS
Counsel must meet and confer to exchange opening-statement visuals, graphics, and exhibits with time for objections and reasonable revisions.
Counsel must cooperate and meet and confer to exchange any visuals, graphics or exhibits to be used in the opening statements, allowing for time to work out objections and any reasonable revisions.
Civil cases
Page 5 | TRIAL
The parties must meet and confer no later than 21 days before the pretrial conference about resolving evidentiary issues by stipulation.
The parties shall meet and confer no later than 21 days before the pretrial conference to determine whether any evidentiary issues may be resolved by stipulation.
Civil cases
Page 7 | PRETRIAL FILINGS
A party must make a good-faith effort to resolve an evidentiary issue with opposing counsel before filing a motion in limine.
No party may file a motion in limine without first making a good faith effort to resolve the evidentiary issue with opposing counsel.
Civil cases
Page 8 | PRETRIAL FILINGS
If more than ten claim terms are at issue, the parties must meet and confer before preparing the joint claim construction statement and jointly propose the ten terms requiring construction.
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 that are to be construed by the Court and shall jointly propose the ten terms requiring construction.
Civil cases
Page 2 | CLAIM CONSTRUCTION
Motions must follow Criminal Local Rules 471 and 47-2, with 5:00 PM filing deadlines
Motions must be noticed for a hearing in accordance with Criminal Local Rule 471. Counsel need not reserve a hearing date in advance. However, before selecting a hearing date, counsel must consult Judge Thompson’s scheduling notes to determine which dates are available. Motions may be reset as the Court’s calendar requires. All motions shall comply with Criminal Local Rule 47-2. Please refer to this Court’s Criminal Pretrial and Trial Standing Order for information regarding motions in limine. All filing deadlines are at 5:00 p.m. unless otherwise United States District Court ordered.
Criminal cases
Page 3 | MOTIONS
Trial lead counsel must meet and confer at least 30 days before the final Pretrial Conference about settlement, joint pretrial filings, and narrowing trial issues.
At least 30 days before the final Pretrial Conference, lead counsel who will try the case shall meet and confer with respect to the following subjects: (1) settlement of the case; (2) preparation of the joint pretrial filings to be served and lodged pursuant to Federal Rule of Civil Procedure 26(a)(3); and (3) clarifying and narrowing the contested issues for trial in order to achieve a just, speedy, and efficient resolution of the case.
Civil cases
Page 1 | MEET AND CONFER
A party must make a good-faith effort to resolve an evidentiary issue with opposing counsel before filing a motion in limine.
No party may file a motion in limine without first making a good faith effort to resolve the evidentiary issue with opposing counsel.
Civil cases
Page 7 | PRETRIAL FILINGS
The parties must meet and confer at least 21 days before the pretrial conference to determine whether evidentiary issues can be resolved by stipulation.
The parties shall meet and confer no later than 21 days before the pretrial conference to determine whether any evidentiary issues may be resolved by stipulation.
Civil cases
Page 7 | PRETRIAL FILINGS
Before filing a motion in limine, the moving party must seek the opposing party’s stipulation to the requested relief.
Any party filing a motion in limine must first seek a stipulation from the opposing party or parties to the relief requested in the motion.
Civil cases
Page 8 | PRETRIAL FILINGS
Motions in limine cannot seek summary judgment or raise Daubert challenges without the Court’s specific prior approval.
Motions in limine cannot be used to request summary judgment or raise Daubert challenges unless the Court has specifically granted prior approval.
Civil cases
Page 8 | PRETRIAL FILINGS
The parties must meet and confer by 21 days before the Pretrial Conference about stipulating to evidentiary issues, and a party must make a good-faith effort to resolve an evidentiary issue with opposing counsel before filing a motion in limine.
The parties shall meet and confer no later than 21 days before the pretrial conference to determine whether any evidentiary issues may be resolved by stipulation. No party may file a motion in limine without first making a good faith effort to resolve the evidentiary issue with opposing counsel.
Civil cases
Page 7 | PRETRIAL FILINGS
Before filing a motion in limine, the moving party must first seek the opposing party’s stipulation to the requested relief.
Any party filing a motion in limine must first seek a stipulation from the opposing party or parties to the relief requested in the motion.
Civil cases
Page 8
Adjournment & Extension Requirements
Counsel and the parties remain obligated to proceed unless the Court expressly approves an advance continuance.
Only an advance continuance expressly approved by the Court will release counsel and the parties from their obligation to proceed.
Civil cases
Page 7 | SETTLEMENTS AND CONTINUANCES
Trial dates set at initial case management conference are not continued absent compelling good cause.
A trial date typically will be set at the initial case management conference. Once set, the trial date will not be continued absent compelling good cause.
Civil cases
Page 4 | 16
The Court will attempt to confer promptly about whether a continuance is appropriate, but counsel must continue preparing, make all filings, and remain ready for trial pending that conference.
The Court will attempt to confer with counsel as promptly as circumstances permit to determine if a continuance will be in order. Pending such a conference, however, counsel must prepare and make all filings and be prepared to proceed with the trial.
Civil cases
Page 8 | CONTINUANCES AND SETTLEMENTS
Unless a stipulated dismissal or judgment is filed or placed on the record, parties must be prepared to attend the scheduled final pretrial conference and trial; only an advance continuance expressly approved by the Court excuses that obligation.
Unless and until a stipulated dismissal or judgment is filed or placed on the record, all parties must be prepared to proceed with the final pretrial conference as scheduled and to proceed to trial on the trial date, on pain of dismissal of the case for lack of prosecution or default judgment. Only an advance continuance expressly approved by the Court will release counsel and the parties from their obligation to proceed.
Civil cases
Page 8 | CONTINUANCES AND SETTLEMENTS
Case schedule dates may not be changed except by court order upon a joint statement showing particularized good cause, and once set, the trial date will not be continued absent compelling good cause.
Once the Court has entered a case schedule, the parties may not move the dates except by Court order. If the parties seek to move one of these dates, the parties must file a joint statement of no more than three pages proving particularized good cause for the requested change. A trial date typically will be set at the initial case management conference. Once set, the trial date will not be continued absent compelling good cause.
Civil cases
Page 4 | SCHEDULING
Parties must leave enough time for discovery disputes to be resolved before discovery closes, and the Court will not extend case deadlines based on a pending discovery dispute absent truly compelling reasons.
The parties must allow sufficient time for the assigned Magistrate Judge to resolve discovery disputes before the close of discovery. Absent truly compelling reasons, the Court will not extend case deadlines based on a pending discovery dispute.
Civil cases
Page 5
Continuance requests must be filed by 10:00 a.m. Monday before hearing with proposed order.
To request a continuance of a scheduled hearing, counsel must file a proposed order, preferably by stipulation, including whether time under the Speedy Trial Act (see 18 U.S.C.A. § 3161) should be excluded, by no later than 10:00 a.m. the Monday prior to the scheduled hearing. Continuances are not granted unless and until the Court so orders.
Criminal cases
Page 1 | SCHEDULING
A scheduled trial date may be continued only by Court order on a motion made under Civil Local Rule 7.
No continuance of a scheduled trial date will be granted except by order of the Court in response to a motion made in accordance with the provisions of Civil Local Rule 7.
Civil cases
Page 8 | CONTINUANCES
A scheduled trial date may be continued only by Court order in response to a motion made under Civil Local Rule 7.
No continuance of a scheduled trial date will be granted except by order of the Court in response to a motion made in accordance with the provisions of Civil Local Rule 7.
Civil cases
Page 8 | CONTINUANCES
Extensions/continuances of case schedule dates require particularized good cause; trial continuances require compelling good cause. All changes need Court order.
Once the Court has entered a case schedule, the parties may not move the dates except by Court order. If the parties seek to move one of these dates, the parties must file a joint statement of no more than three pages proving particularized good cause for the requested change. A trial date typically will be set at the initial case management conference. Once set, the trial date will not be continued absent compelling good cause.
Civil cases
Page 4 | CASE MANAGEMENT CONFERENCES
Court will not extend case deadlines for pending discovery disputes absent truly compelling reasons.
The parties must allow sufficient time for the assigned Magistrate Judge to resolve discovery disputes before the close of discovery. Absent truly compelling reasons, the Court will not extend case deadlines based on a pending discovery dispute.
Civil cases
Page 5
If the trial date changes, parties may seek adjusted compliance deadlines, but the adjustments take effect only if the Court approves them.
In the event the trial date is changed, the parties may seek an adjustment of the time limits for compliance with the requirements of this order, which shall be effective only upon Court approval.
Civil cases
Page 7 | SETTLEMENTS AND CONTINUANCES
No extensions for pending discovery disputes without compelling reasons.
The parties must allow sufficient time for the assigned Magistrate Judge to resolve discovery disputes before the close of discovery. Absent truly compelling reasons, the Court will not extend case deadlines based on a pending discovery dispute.
Civil cases
Page 5 | DISCOVERY DISPUTES
Requests for extensions or continuances should be made only when necessary and not for improper advantage.
Requests for extensions or continuances should be made only when necessary and never for improper advantage.
Page 2 | IV. GUIDING PRINCIPLES
Request to construe more than 10 terms must show good cause and be filed 2 weeks before deadline; sanctions for non-compliance.
If a party has a good-faith basis for believing that more than ten terms need to be construed, that party may request leave to designate additional terms for construction, pursuant to Civil Local Rule 7-11. The requesting party must demonstrate good cause and explain why other methods of limiting the terms at issue (such as the selection of representative terms or any grouping of terms by issues presented) would be ineffective. The request must be filed no later than two weeks before the deadline for filing the joint claim construction statement. If good cause is shown, the Court will either agree to construe all terms or schedule a later proceeding to construe the remaining terms before trial. 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 and sanctions may be imposed.
Civil cases
Page 2 | EXCHANGE OF EVIDENCE
The Court will rarely continue a trial merely because the parties have settled in principle.
The Court will rarely continue a trial because the parties have “settled in principle.”
Civil cases
Page 8 | CONTINUANCES
Trial dates are firm once set, and continuances are disfavored.
Trial dates are firm once set by the Court. Continuances are disfavored.
Civil cases
Page 8 | CONTINUANCES
Continuances are disfavored.
Continuances are disfavored.
Civil cases
Page 8 | CONTINUANCES
Trial dates are firm once set by the Court.
Trial dates are firm once set by the Court.
Civil cases
Page 8 | CONTINUANCES
The Court will rarely continue a trial merely because the parties have settled in principle.
The Court will rarely continue a trial because the parties have “settled in principle.”
Civil cases
Page 8 | CONTINUANCES
Chambers Communication Rules
No ex parte contact with judge; contact Courtroom Deputy for scheduling.
3. Counsel shall not attempt to contact Judge Thompson or her chambers staff by telephone, email, or any other ex parte means, but may contact her Courtroom Deputy, Robert McNamee, at (415) 522-2039 or TLTCRD@cand.uscourts.gov regarding scheduling or other appropriate matters.
Civil cases
Page 1 | COMMUNICATION WITH THE COURT
9. Counsel need not reserve motion hearing dates but should check Judge Thompson’s scheduling notes on the Court’s website to determine the next available law and motion calendar date. Motions may be reset as the Court’s calendar requires. The order of call on each calendar will be determined by the Court. Scheduling questions should be addressed to Judge Thompson’s Courtroom Deputy. Parties may not set hearing dates on days where the Court has indicated dates are full. Before setting a hearing, parties may check the Court’s scheduling notes where full motion hearing dates are listed: https://apps.cand.uscourts.gov/CEO/cfd.aspx?B318#Notes.
9. Counsel need not reserve motion hearing dates but should check Judge Thompson’s scheduling notes on the Court’s website to determine the next available law and motion calendar date. Motions may be reset as the Court’s calendar requires. The order of call on each calendar will be determined by the Court. Scheduling questions should be addressed to Judge Thompson’s Courtroom Deputy. Parties may not set hearing dates on days where the Court has indicated dates are full. Before setting a hearing, parties may check the Court’s scheduling notes where full motion hearing dates are listed: https://apps.cand.uscourts.gov/CEO/cfd.aspx?B318#Notes.
Civil cases
Page 2 | SCHEDULING
All case management conferences are conducted via Zoom videoconference unless specially set.
Unless specially set, all initial and further case management conferences will be conducted through Zoom videoconference.
Civil cases
Page 4 | 19
Remote participants are prohibited from photographing, recording, or rebroadcasting court proceedings.
Persons granted remote access to court proceedings by Zoom teleconference or telephone are strictly prohibited from photographing, including “screen-shots,” recording, and rebroadcasting the court proceeding.
Civil cases
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Counsel may not contact Judge Thompson or her chambers staff by telephone, email, or other ex parte means, but may call Courtroom Deputy Robert McNamee at (415) 522-2039 regarding scheduling or other appropriate matters.
Counsel shall not attempt to contact Judge Thompson or her chambers staff by telephone, email, or any other ex parte means, but may contact her Courtroom Deputy, Robert McNamee, at (415) 522-2039 or TLTCRD@cand.uscourts.gov regarding scheduling or other appropriate matters.
Civil cases
Page 1 | COMMUNICATION WITH THE COURT
Notify Courtroom Deputy 5 court days before in-custody defendant transport.
If a party would like to have a matter placed on the Court’s calendar for a defendant in custody, counsel must advise the Courtroom Deputy, Robert McNamee, at (415) 522-2039 or TLTCRD@cand.uscourts.gov, five (5) court days before the defendant is to be transported to the Court by the United States Marshal.
Criminal cases
Page 1 | SCHEDULING
Contact only Courtroom Deputy Robert McNamee for scheduling, not Judge or chambers staff.
Counsel shall not attempt to contact Judge Thompson or her chambers staff by telephone, email, or any other ex parte means, but may contact her Courtroom Deputy, Robert McNamee, at (415) 522-2039 or TLTCRD@cand.uscourts.gov regarding scheduling or other United States District Court appropriate matters.
Criminal cases
Page 1 | COMMUNICATION WITH THE COURT
Government must email court by Monday before change of plea/sentencing hearings regarding mandatory remand statute
Prior to change of plea and sentencing hearings for out-of-custody Defendants, the government shall indicate whether the offense of conviction is subject to the mandatory remand statute, 18 U.S.C. § 3143. The government shall email the Court (with all counsel cc’d) to TLTCRD@cand.uscourts.gov by no later than the Monday before the hearing.
Criminal cases
Page 3 | CHANGE OF PLEA
Counsel must e-mail proposed voir dire questions to chambers at TLTPO@cand.uscourts.gov in Word format.
Counsel shall e-mail a copy of their proposed voir dire in Word format to TLTPO@cand.uscourts.gov.
Criminal cases
Page 3 | PRETRIAL FILINGS
Counsel must e-mail proposed verdict forms to chambers at TLTPO@cand.uscourts.gov in Word format.
Counsel shall e-mail a copy of their proposed verdict forms in Word format to TLTPO@cand.uscourts.gov.
Criminal cases
Page 3 | PRETRIAL FILINGS
The specified joint pretrial materials must be emailed to the Courtroom Deputy no later than 14 days before the final pretrial conference.
No later than 14 days before the final pretrial conference, the parties shall also submit the joint proposed pretrial statement and proposed order, and any proposed jury instructions, voir dire questions, verdict form(s), and statement of the case in Word format via email to Courtroom Deputy, Robert McNamee, at TLTPO@cand.uscourts.gov.
Civil cases
Page 2 | PRETRIAL FILINGS
At each trial day's end, the parties must confer about the next day's exhibits and demonstratives in person or by telephone; email alone is insufficient.
At the end of the trial day, the parties shall meet and confer regarding all exhibits and demonstratives intended to be produced on the following day. Meeting and conferring via email is not sufficient; the parties must meet in person or over the telephone.
Civil cases
Page 9 | TRIAL
The specified proposed pretrial materials must be emailed to the Courtroom Deputy no later than 14 days before the final pretrial conference.
No later than 14 days before the final pretrial conference, the parties shall also submit the joint proposed pretrial statement and proposed order, and any proposed jury instructions, voir dire questions, verdict form(s), and statement of the case in Word format via email to Courtroom Deputy, Robert McNamee, at TLTPO@cand.uscourts.gov.
Civil cases
Page 2 | PRETRIAL FILINGS
When daily transcripts or real-time reporting are desired, the parties must make arrangements with the Court Reporting Services supervisor at least ten calendar days before trial.
Should a daily transcript and/or real-time reporting be desired, the parties shall e-file a transcript order form (CAND 435), at least 14 days before trial, and make arrangements with Richard Duvall, Supervisor of the Court Reporting Services at (415) 522-2079, at least ten calendar days prior to the trial date.
Civil cases
Page 9 | TRIAL
Email Word versions of the listed proposed pretrial documents to the specified address 14 days before the pretrial conference.
Email Word versions of the proposed joint pretrial statement and proposed order, proposed jury instructions, voir dire questions, verdict form(s), and statement of the case to TLTPO@cand.uscourts.gov. (¶ 5)
Civil cases
Page 11 | APPENDIX A
Counsel may contact Courtroom Deputy via phone for scheduling or appropriate matters; ex parte contact with Judge or chambers staff prohibited.
Counsel shall not attempt to contact Judge Thompson or her chambers staff by telephone, email, or any other ex parte means, but may contact her Courtroom Deputy, Robert McNamee, at (415) 522-2039 or TLTCRD@cand.uscourts.gov regarding scheduling or other appropriate matters.
Civil cases
Page 1 | COMMUNICATION WITH THE COURT
Proposed orders must be emailed to chambers at TLTPO@cand.uscourts.gov same day as e-filing.
Proposed orders shall be submitted in Word format by email to the Courtroom Deputy at TLTPO@cand.uscourts.gov on the same day the proposed order is e-filed.
Civil cases
Page 5 | PROPOSED ORDERS
If counsel expect that a settlement will be final by the time of trial or the final pretrial conference, they should notify the Court immediately in writing or, if it occurs over the weekend before the trial or conference, by voice mail to the deputy courtroom clerk.
If counsel expect that a settlement will be final by the time of trial or the final pretrial conference, they should notify the Court immediately in writing or, if it occurs over the weekend before the trial or conference, by voice mail to the deputy courtroom clerk.
Civil cases
Page 8 | CONTINUANCES AND SETTLEMENTS
Parties must be available by telephone on the Friday before trial to discuss unresolved issues with the Court.
The parties shall be available by telephone on the Friday before trial to discuss the issues raised with the Court.
Criminal cases
Page 5 | OPENING STATEMENTS
Civil case management conferences generally on Thursday at 2:00 p.m.
7. Civil case management conferences are generally conducted on Thursday at 2:00 p.m.
Civil cases
Page 2 | SCHEDULING
Civil pretrial conferences generally on Thursday at 3:30 p.m.
8. Civil pretrial conferences are generally conducted on Thursday at 3:30 p.m.
Civil cases
Page 2 | SCHEDULING
Civil motions generally heard on Tuesday at 2:00 p.m.
6. Civil motions are generally heard on Tuesday at 2:00 p.m.
Civil cases
Page 2 | SCHEDULING
Junior Lawyer Participation Incentives
Court may hear oral argument if junior lawyer (≤5 years) will argue.
10. The Court may find a matter suitable for disposition without oral argument and vacate the hearing on the matter. If, however, a party advises the Court in its noticed motion, or in writing at the time of a motion’s filing, that argument for its side will be conducted by a lawyer who has been licensed to practice law for five or fewer years, the Court will be inclined to hear oral argument to provide that opportunity.
Civil cases
Page 2 | SCHEDULING
Court encourages junior lawyers from under-represented groups to participate in arguments and witness examination.
The Court strongly encourages parties to permit less experienced lawyers, including lawyers from historically under-represented groups, to actively participate in the proceedings by presenting argument at motion hearings or examining witnesses at trial. The Court is amenable to permitting a number of lawyers to argue for one party if this creates an opportunity for such attorneys to participate.
Civil cases
Page 5 | MOTIONS FOR SUMMARY JUDGMENT
The Court strongly encourages parties to give junior lawyers witness-examination opportunities and an important role at trial.
The Court strongly encourages the parties to permit junior lawyers to examine witnesses and to have an important role at trial.
Civil cases
Page 9
If a party advises the Court in writing within two days of an order vacating a hearing that its side will be argued by a lawyer licensed five or fewer years, the Court will consider rescheduling the hearing to provide that oral argument opportunity.
The Court may find a matter suitable for disposition without oral argument and vacate the hearing on the matter. If, however, any party advises the Court in writing by no later than two days from the date of the order vacating the hearing that the argument for its side will be Northern District of California conducted by a lawyer who has been licensed to practice law for five or fewer years, then the Court will consider rescheduling the hearing in order to provide that opportunity.
Civil cases
Page 2 | SCHEDULING
The Court encourages parties to let less experienced lawyers argue motions or examine witnesses at trial and will allow multiple lawyers to argue for one party to create such opportunities.
The Court strongly encourages parties to permit less experienced lawyers, including lawyers from historically under-represented groups, to actively participate in the proceedings by presenting argument at motion hearings or examining witnesses at trial. The Court is amenable to permitting a number of lawyers to argue for one party if this creates an opportunity for such attorneys to participate.
Civil cases
Page 5 | MOTIONS FOR SUMMARY JUDGMENT
The Court strongly encourages parties to let junior lawyers examine witnesses and play an important role at trial.
The Court strongly encourages the parties to permit junior lawyers to examine witnesses and to have an important role at trial.
Civil cases
Page 9 | TRIAL
The Court strongly encourages the parties to let junior lawyers examine witnesses and take an important role at trial.
The Court strongly encourages the parties to permit junior lawyers to examine witnesses and to have an important role at trial.
Civil cases
Page 9 | TRIAL
Lawyers with five or fewer years of experience may prompt the Court to reschedule vacated oral argument hearings if they will conduct the argument.
The Court may find a matter suitable for disposition without oral argument and vacate the hearing on the matter. If, however, any party advises the Court in writing by no later than two days from the date of the order vacating the hearing that the argument for its side will be Northern District of California conducted by a lawyer who has been licensed to practice law for five or fewer years, then the Court will consider rescheduling the hearing in order to provide that opportunity.
Civil cases
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