Judge Virginia K. DeMarchi
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Joint Discovery Dispute Letter, Motion Papers, Opposition Papers, Reply Papers
- Within 24 Hours
Binding: Three Hole Punch
Joint Pretrial Statement, Motion in Limine
- 2 copies
Voluminous Documents
- Email • Promptly After Filing
Page & Word Limits4 rules
It shall include the following information and shall conform to the following word limits2:
Settlement Conference Statement limited to 10 pages text plus 20 pages exhibits.
- Page limit
- Up to 10 pages
Court's wording
The statement should conform to the formatting requirements of Civil L.R. 3-4 and should not exceed 10 pages of text. A party may include exhibits with its statement, but the exhibits should not exceed 20 total pages.
The letter should not exceed five pages.
- Page limit
- Up to 5 pages
Motions in limine may not exceed 10 pages.
- Motion in limine
- Up to 10 pages
- Motions in limine
Document Format Requirements3 rules
Chambers copies must be double-sided and 3-hole punched along the left margin of the paper.
The paper exhibits should be exhibit-numbered, tabbed and placed in 3-ring binders.
- Binding
- Three-ring binder
- Trial exhibit
Formatting
- •Numbered
- •Tabbed
Pro se litigants may file manually with original plus three copies unless ECF permission granted.
- Self-represented parties
- Margins
- Top 1 inch; Bottom 1 inch; Right 1 inch
Court's wording
Pro se litigants who are representing themselves may file documents manually, unless they have applied for and been given permission to become an ECF user pursuant to Civil L.R. 5-1(b). To manually file documents, litigants should bring an original and three copies to the Clerk’s Office on the second floor of the San Jose Federal Courthouse.
Document Filing Requirements37 rules
Proposed orders must be submitted in Word to vkdpo@cand.uscourts.gov, except for Civil L.R. 7-2 motions (except injunctive relief).
Court's wording
Proposed orders submitted by an e-filing party shall be submitted in Microsoft Word to the following email address: vkdpo@cand.uscourts.gov. This email address shall not be used for any other purpose. Proposed orders are not required for motions filed pursuant to Civil L.R. 7-2, except for motions seeking injunctive relief.
Discovery dispute letter may only include specific discovery materials as attachments
Court's wording
as an attachment to the letter, the specific discovery material at issue, including the responses, if any, to it (e.g., disputed document requests, disputed interrogatories, privilege log, subpoena, deposition excerpt, proposed protective order, etc.); no other exhibits may be attached to the letter, absent leave of Court.
The joint discovery dispute letter shall be filed using the “Discovery Letter Brief” event under “Motions-General” in the CM/ECF system.
Sanctions motions under Rule 37 must follow Civil L.R. 37-4, not the expedited discovery dispute procedure
Court's wording
Any party seeking an award of attorney fees or other form of sanction under Fed. R. Civ. P. 37 may not use the expedited joint discovery dispute letter procedure described above, but instead must file a motion conforming to the requirements of Civil L.R. 37-4.
The joint discovery dispute letter must be signed by lead counsel.
Confidential Settlement Letter must be emailed and delivered to chambers 7 days before conference.
Court's wording
No later than seven days prior to the settlement conference, each party participating in the conference must lodge a Confidential Settlement Letter with Judge DeMarchi’s chambers by emailing the letter to vkdcrd@cand.uscourts.gov and delivering a hard copy to chambers.
Settlement Conference Statement must be emailed and delivered to chambers 7 days before conference.
- Document
- Settlement conference statement
Must include
- •Text-searchable .pdf format
Court's wording
No later than seven days prior to the settlement conference, each party participating in the conference must lodge a Settlement Conference Statement with Judge DeMarchi’s chambers by emailing the statement in text-searchable .pdf format to vkdcrd@cand.uscourts.gov and delivering a hard copy to chambers.
Each party must serve a copy of its statement on all other parties participating in the conference.
A list, attached as a separate appendix, identifying each witness the parties intend to call at trial, other than solely for impeachment.
For matters tried to the Court without a jury, each party shall file proposed findings of fact and conclusions of law, with citations as appropriate to evidence proposed to be offered at trial.
Must include
- •Proposed findings of fact and conclusions of law
Deposition designation table required as separate appendix with page/line numbers.
Court's wording
For any witness testifying by deposition, a table, attached as a separate appendix, identifying by page and line number the specific testimony to be offered at trial, any objections that have not been resolved, and any counter-designations.
The numbering system for trial exhibits must not assign the same exhibit number to multiple different documents and must not assign different exhibit numbers to the same document.
A set of proposed voir dire questions, attached as a separate appendix, the parties wish the Court to ask, and if the parties do not agree as to all questions, a short statement of their respective positions on which questions should and should not be asked.
- Document
- Joint pretrial statement
Should include
- •Proposed voir dire questions
A list, attached as a separate appendix, of all documents, summaries and other items to be offered as exhibits at trial, other than solely for impeachment.
Proposed jury instructions required as separate appendix with specific formatting for jury trials.
Court's wording
A set of proposed substantive instructions, attached as a separate appendix. Each instruction shall begin at the top of a page, and shall include the text of the instruction, followed by its source (e.g. Model Jury Instructions of the Ninth Circuit), the authority supporting the instruction, any unresolved objections, any alternative instruction, and the source of such alternative instruction.
The parties must use a sequential numbering system for exhibits to be offered at trial. Gaps in the sequence are permitted.
Exhibit List, Deposition Designations, and Jury Instructions must be emailed to vkdpo@cand.uscourts.gov.
Court's wording
The parties shall email a copy of their jointly filed Exhibit List and Deposition Designations in Microsoft Word or Excel format to vkdpo@cand.uscourts.gov. The parties shall email a copy of their jointly filed Jury Instructions in Microsoft Word format to vkdpo@cand.uscourts.gov.
At least 7 days prior to the Pretrial Conference, the parties shall lodge with the Court all proposed trial exhibits in both paper and electronic form.
The electronic copies of the exhibits should be provided by delivering electronic media (e.g., thumb drive) to chambers.
The conference of counsel must include discussion of any objections to evidence (witness testimony, deposition designations, exhibits) that a party proposes to offer at trial.
Must include
- •Evidence objections discussion
At least 14 days prior to the Pretrial Conference, the parties shall serve (but not file) the following materials:
At least 7 days prior to the Pretrial Conference, the parties shall file a Joint Pretrial Statement that includes the materials described below
At least 21 days prior to the Pretrial Conference, the parties shall serve (but not file) the following materials:
Counsel must confer to prepare Joint Pretrial Statement before filing deadline
Court's wording
Counsel for the parties (and any parties appearing pro se) shall confer in person, by telephone or by videoconference to discuss preparation of the Joint Pretrial Statement sufficiently in advance of the filing deadline to ensure the statement is timely filed.
A single joint discovery dispute letter should address only one discrete issue or a few issues that are closely related.
The Court does not want to read the parties’ discovery-related correspondence.
Failure to participate in discovery dispute process may result in adverse orders or sanctions
Court's wording
Unjustified delay or refusal to participate meaningfully in the conference of lead counsel or in the preparation of the joint discovery dispute letter may be grounds for entry of an order adverse to the delaying or non-participating party or other appropriate sanctions.
Multiple discovery dispute letters may be filed for separate disputes but not to avoid word limits
Court's wording
Multiple joint discovery dispute letters may be filed following a single conference of lead counsel if multiple discrete disputes remain unresolved, but parties should not use multiple letters to avoid the word limits set forth above.
The statement should not be filed.
The confidential letter should not be served on any other party.
The letter should not be filed.
The parties should not submit proposed jury instructions that cover standard preliminary instructions or standard closing instructions.
Parties and attorneys may advise the Court of their pronouns by filing a letter or by adding the pronouns in the name block on the first page of the pleadings.
Discovery dispute procedures do not apply to trade secret identification or patent contention motions
Court's wording
These procedures for the resolution of discovery disputes shall not apply to motions challenging the sufficiency of the identification of trade secrets under California Code of Civil Procedure § 2019.210, or to motions to strike or to compel amendments to infringement or invalidity contentions in patent cases. Such motions should be noticed and filed pursuant to Civil L.R. 7-2.
For jury trials, the statement should be suitable for reading to the jury as part of the Court’s preliminary jury instructions.
If desired, a proposed juror questionnaire, attached as a separate appendix, to be provided to prospective jurors before voir dire begins.
Include
- •Proposed juror questionnaire
Model Jury Instructions of the Ninth Circuit will be used as starting point for all jury instructions.
Court's wording
The Court intends to use the Model Jury Instructions of the Ninth Circuit, modified and supplemented as necessary, as the starting point for jury instructions, including preliminary instructions and closing instructions.
Filing & Service rules
Courtesy Copy Requirements
Two courtesy copies of Joint Pretrial Statement and motions in limine required by noon next court day.
The parties shall deliver two paper copies of (1) the Joint Pretrial Statement to Judge DeMarchi's chambers no later than noon on the court day following the day that the Joint Pretrial Statement is filed and (2) motion in limine papers no later than noon on the court day following the day that the parties' respective opening and responding papers are filed.
Page 5 | Chambers' Copies of Motion in Limine Papers and Joint Pretrial Statement Materials
ECF users encouraged to provide electronic courtesy copies of voluminous documents to all parties promptly after filing.
Courtesy copies. In addition to complying with all provisions of Civil L.R. 5-1(h), parties who are ECF users are encouraged to provide courtesy copies in electronic form of voluminous electronically filed documents to all other parties in the action, via email or other agreed means, promptly after completion of filing.
Civil cases
Page 1 | Motions
Chambers copies required for certain filings, double-sided, 3-hole punched, marked “Chambers Copy”.
Chambers copies. Chambers copies of joint discovery dispute letters, motion papers filed pursuant to Civil L.R. 7-2, opposition papers filed pursuant to Civil L.R. 7-3, and reply papers of the next court day following the day that the paper was electronically filed. Chambers copies must be double-sided and 3-hole punched along the left margin of the paper. For under seal filings, chambers copies should include only the unredacted version of the filing. Such copies must be marked with the notation “Chambers Copy” and submitted to the Clerk’s Office in an envelope marked with the case name, case number, and the words “Magistrate Judge DeMarchi Chambers Copies.”
Civil cases
Page 1 | Motions
Chambers Communication Rules
Case management conferences are conducted by Zoom Webinar unless otherwise ordered
Unless the Court orders otherwise, case management conferences will be conducted by Zoom Webinar.
Civil cases
Junior Lawyer Participation Incentives
Court encourages oral argument by less-experienced attorneys.
The Court welcomes and encourages oral argument by less-experienced attorneys on any matters argued before the Court.
Civil cases
Page 5 | Other matters