Judge William H. Orrick
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Chambers Copy, Exhibits
Adjournments
- Rescheduling requests must be in writing 10 days before conference with good cause.
Communication
Chambers
Phone
Page & Word Limits2 rules
Motions in limine must be filed 14 days before Pretrial Conference, limited to 25 pages; oppositions due 7 days before.
- Motions in limine
- Up to 25 pages
Court's wording
Any party wishing to have motions in limine heard prior to the commencement of trial must file and serve same no later than fourteen days prior to the date set for the Pretrial Conference. All motions in limine shall be contained in one document, limited to 25 pages and prepared in accordance with Civil L. R. 7-2(b), with each motion listed as a subheading. Opposition to the motions in limine shall be contained in one document, limited to 25 pages, with corresponding subheadings, and shall be filed and served no later than seven days prior to the Pretrial Conference. No reply papers will be considered.
Parties are limited to filing one motion for summary judgment. Any party wishing to exceed this limit must request leave of Court.
Document Format Requirements3 rules
Electronic copies of proposed orders must be sent in Word format to whopo@cand.uscourts.gov.
Voluminous exhibits shall be reduced by elimination of irrelevant portions or through the use of summaries. Each item shall be pre-marked with a trial exhibit sticker (“Trial Exhibit No.__”) label; defendant’s exhibit numbers shall be sequenced to begin after plaintiff’s exhibit numbers. If there are numerous exhibits, they should be provided in three-ring binders with marked tab dividers.
- Binding
- Three-ring binder
- Exhibit
Formatting
- •Pre-marked with trial exhibit stickers
- •Numbered sequence (defendant after plaintiff)
- •Tab dividers for numerous exhibits
Exhibit numbers must be assigned in blocks per party; duplicate exhibits must not be marked.
- Exhibit
Formatting
- •Numbered blocks per party (e.g., Plaintiff 1-100, Defendant 101-200)
- •No duplicate marking of same exhibit
Court's wording
Blocks of numbers shall be assigned to fit the needs of the case (e.g., Plaintiff has 1-100, Defendant has 101-200). The parties shall not mark duplicate exhibits (e.g., plaintiff and defendant shall not mark the same exhibit; only one copy of the exhibit shall be marked).
Document Filing Requirements34 rules
The confidentiality of all completed Juror Questionnaires provided to counsel shall be maintained by the parties, their counsel, and anyone working for a party or counsel.
- Document
- Juror questionnaire
Must include
- •Confidentiality
LinkedIn prohibited for juror research due to notification features.
Court's wording
LinkedIn may not be used to conduct any research on any prospective juror. The reason for this restriction is that a prospective juror who is on LinkedIn may be notified of the identity of anyone who uses LinkedIn to view the prospective juror’s profile or other information, or be notified that an “anonymous” person viewed the prospective juror’s profile or that an inquiry through LinkedIn has been made, even if an investigator uses an account that allows for “anonymous” searches. Those notifications constitute “contact” with the prospective juror.
Stories features on Instagram, SnapChat, Facebook prohibited for juror research.
Court's wording
Some social media sites have features to automatically notify users that their posts have been seen by certain people, such as temporary 'stories' that provide the poster a list of accounts that have 'viewed' the post/post. These features may not be used to conduct any research on any prospective juror, even if they are posted publicly, because the automatic notification constitutes 'contact' with the prospective juror, as the individual may be notified of the identity of anyone who views their post. This applies to 'stories' on Instagram, SnapChat, and Facebook, and to any other form of social media with similar automatic notification features.
No in-person surveillance, no matter how brief, of any home, neighborhood, or place of work of any prospective juror or any family member of a prospective juror is allowed.
The party that has designated material as confidential (“Designating Party”) also must file a declaration in support of sealing that rebuts the strong presumption in favor of public access that applies to all documents other than grand jury transcripts and pre-indictment warrant materials.
An administrative sealing motion must contain six specified items in sequence, with charts for numerous documents and possible consolidated justification for voluminous portions sharing the same basis.
Court's wording
Administrative motions to file materials under seal must contain the following information, presented in the following sequence: 1. A statement certifying that the filing party has reviewed and complied with this Order. 2. A statement certifying that the filing party has reviewed and complied with Civil Local Rule 79-5. 3. An identification of each document, documents, or portions of documents proposed to be sealed or redacted. 4. A statement identifying the entity that has designated the materials to be sealed as confidential. If a party seeks to seal numerous documents, the party shall provide a chart identifying the entity that designated each document as confidential. 5. A statement identifying the basis for sealing each document or portion of a document. If a party seeks to seal numerous documents, the party shall provide a chart identifying the basis for sealing each document or portion of a document. If the portions of documents sought to be sealed are voluminous, the Court will consider a single statement covering multiple documents if the basis for sealing those materials is the same. 6. All other materials required by the Local Rule. See CIVIL L.R. 79-5(c).
The administrative motion or declaration must identify the applicable good-cause or compelling-reasons standard and explain why the materials satisfy it.
Court's wording
The “strong presumption of access to judicial records” is rebutted under the appropriate legal standard, i.e., the “good cause” or “compelling reasons” standard. The standard that applies depends on whether the underlying motion at issue “is more than tangentially related to the merits of a case.” Ctr. for Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092, 1101 (9th Cir. 2016). The Administrative Motion or declaration must identify the ===== PAGE 2 ===== (Effective 9/2022) appropriate standard and articulate why the materials to be sealed satisfy that standard.
The Designating Party must establish that the material is legally protectable and support sealing with specific factual reasons; a confidentiality designation or conclusory harm assertion is insufficient.
Court's wording
The Designating Party must establish that the following requirements are met: 1. The document or document portion sought to be sealed is privileged, protectable as a trade secret or otherwise entitled to protection under the law. Supporting declarations or statements must “‘articulate [ ] reasons supported by specific factual findings’” to warrant sealing. Kamakana, 447 F.3d at 1178. Note that “[r]eference to a stipulation or protective order that allows a party to designate certain documents as confidential is not sufficient to establish that a document, or portions thereof, are sealable.” CIVIL L.R. 79-5(c). Conclusory assertions of harm are insufficient.
Proposed Orders must identify with specificity each document, documents, or portions of documents proposed to be sealed or redacted in compliance with Civil Local Rule 79-5(c)(3).
The filing party must then file a certificate of service to confirm that it has complied.
Joint case management statement required 7 days before conference.
Court's wording
Not less than seven days before the conference, counsel shall file a joint case management statement in compliance with the Civil Local Rules and the Standing Order for All Judges of the Northern District of California.
Parties must serve and file trial memorandum, witness list, and exhibit lists 7 days before Pretrial Conference.
- Document
- Pretrial order
Must include
- •Witness list
- •Exhibit lists
- •Trial memorandum
Court's wording
The government and, to the extent consistent with defendant’s right to an effective defense, the defendant shall do the following at least seven days prior to the Pretrial Conference: (i) Serve and file a trial memorandum that briefly states the legal bases for the charges and the anticipated evidence, and addresses any evidentiary, procedural, or other anticipated legal issues; (ii) Serve and file a witness list that includes a brief summary of the testimony of each witness; and (iii) Serve and file exhibit lists and serve copies of all marked exhibits on all parties, as discussed in section 5, below.
Parties must jointly file jury instructions 7 days before Pretrial Conference on CD/DVD in Word format.
- Document
- Jury instructions
Must include
- •Joint submission
- •Agreed instructions
- •Contested instructions
Court's wording
The parties shall jointly prepare a set of jury instructions, and shall file the proposed instructions at least seven days prior to the Pretrial Conference. The submission shall contain both agreed-upon instructions (which shall be so noted), and contested instructions, all in the order in which they should be read to the jury. Where contested instructions are included, they should be annotated both with the proponent’s authority for seeking the instruction and the opponent’s reason for opposition. Counsel shall deliver to Chambers a copy of the joint submission, on a CD/DVD in Word format. The label shall include the case number and a description of the documents.
Three-hole punched copy for Judge’s chambers and witness/exhibit lists for court reporter required with filings.
- Document
- Filing
Must include
- •Exhibit list
- •Witness list
Court's wording
Each document filed or lodged with the Court must be accompanied by a three-hole punched copy for use in the Judge’s chambers. In addition, one copy of the witness and exhibit lists should be furnished to the court reporter.
In non-jury cases, each party shall file at least fourteen days prior to the Pretrial Conference proposed Findings of Fact and Conclusions of Law on all material issues. The Court requests that the parties hyperlink each proposed Finding of Fact to any supporting evidence. Proposed Findings shall be brief, written in plain English, and free of pejorative language, conclusions and argument. Parties shall deliver to Chambers copies of Proposed Findings of Fact and Conclusions of Law on a CD/DVD in Word format, with a label including the name of the case, the case number and a description of the submission.
- Document
- Proposed findings conclusions
Must include
- •Word format
If the parties wish to have a preliminary statement read to the jury, and/or preliminary instructions given to the jury, they shall jointly prepare and file the text of the proposed preliminary statement and/or preliminary instructions at least seven days prior to the Pretrial Conference.
Each party shall file a statement briefly identifying each item objected to, the grounds for the objection, and the position of the offering party at least seven days prior to the date set for the Pretrial Conference.
- Document
- Exhibit objection statement
Must include
- •Grounds for objection
- •Offering party position
Parties must provide one set of all proposed exhibits to other parties 14 days before Pretrial Conference.
Court's wording
The government and, to the extent consistent with the defendant’s right to an effective defense, the defendant shall provide every other party 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, at least fourteen days prior to the Pretrial Conference.
If all of the exhibits in a case do not fit in one binder, then parties shall prepare a witness binder for each witness that will testify regarding three or more exhibits.
Jury instructions must be typed separately, include citations, be brief/clear/plain English, and avoid argument.
Court's wording
Each requested instruction shall be typed in full on a separate page and citations to the authorities upon which the instruction is based shall be included. Instructions shall be brief, clear, written in plain English, and free of argument. Pattern or form instructions shall be revised to address the particular facts and issues of this case.
One set of exhibits shall be provided to the Court in Chambers on the Friday prior to the trial date, in binders, marked, tabbed, and indexed in accordance with Local Rule 16-10(b)(7).
- Document
- Court exhibit set
Must include
- •Binders
- •Marked tabbed indexed
Parties must make good faith effort to stipulate to exhibit admissibility 7 days before Pretrial Conference.
- Document
- Exhibit stipulation
Must include
- •Good faith effort
Court's wording
At least seven days prior to the Pretrial Conference, the parties shall make a good faith effort to stipulate to exhibits’ admissibility. If stipulation is not possible, the parties shall make every effort to stipulate to authenticity and foundation absent a legitimate (not tactical) objection.
Case Management Statements must be filed one week prior to the Case Management Conference.
Parties shall follow the Federal Rules of Civil Procedure, the Civil Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court's Standing Orders.
Plaintiff/removing defendant must serve all Judge Orrick Standing Orders and file certificate of service.
- Document
- Standing order service
- Placement
- Certificate section
Include
- •Certificate of service
Court's wording
Plaintiff (or in the case of removed cases, any removing defendant) is directed to serve copies of all Judge Orrick Standing Orders at once 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 and to file with the Clerk of Court a certificate reflecting such service, in accordance with Civil Local Rule 5-5(a).
Motion filers must show Speedy Trial Act exclusions and excludable time on first page.
- Document
- Motion
- Placement
- First page
Must include
- •Excludable time calculation
Court's wording
The party filing any motion or other paper in this case shall show on the first page beneath the file number which, if any, of the exclusions under 18 U.S.C. § 3161 may be applicable to the action sought or opposed by the motion or other paper, and his or her calculation of the amount of excludable time to the hearing date.
Opposition filers must show Speedy Trial Act exclusions and excludable time on first page.
- Document
- Opposition
- Placement
- First page
Must include
- •Excludable time calculation
Court's wording
The party filing an opposition or other paper shall also show on the first page beneath the file number which, if any, of the exclusions under 18 U.S.C. § 3161 may be applicable to the action sought or opposed by the motion or other paper, and his or her calculation of the amount of excludable time to the hearing date. Crim. L.R. 47-2 (c).
Other social media sites and features may only be used to view publicly available profiles, feeds, and posts. No “follow requests,” “friend requests,” or the like may be sent to any prospective juror on any social media site, regardless of whether a profile is public or private. The reason for this is that these requests constitute contact, and a prospective juror who uses these sites may be notified of the identity of anyone who sends such a request. This applies to Twitter, Facebook, Instagram, TikTok, SnapChat, Threads, and any other form of social media.
- Document
- Juror research
Include
- •No follow requests
- •No friend requests
Counsel are reminded to review and comply with the Northern District’s Procedural Guidance for Class Action Settlements available on the Court’s website at www.cand.uscourts.gov/ClassActionSettlementGuidance.
Research allowed from generally available sources without contact.
Court's wording
I do not restrict the parties, their counsel, and any agent, consultant, investigator, or anyone working for them from conducting research regarding a prospective juror, provided that it is done only from generally available sources and that there is no actual contact or any reasonable possibility of contact with a prospective juror.
Private databases based on public sources permitted for juror research.
Court's wording
Only sources that are publicly available and private sources that derive their information from publicly available sources may be used to research a prospective juror. This includes private databases maintained by third parties based on open-source or other publicly available information, notwithstanding the fact that a subscription or fee may be needed to access those databases.
The parties shall review and follow Judge Orrick’s Standing Order Regarding Juror Questionnaires and Social Media Research, which is incorporated by reference into this Order.
If you are representing yourself and you have not been granted leave to proceed in forma pauperis (IFP) by the Court, you must comply with the service requirements of Fed.R.Civ.P. 4 and 5.
Failure to file joint case management statement may result in sanctions.
Court's wording
Failure to file a joint case management statement in compliance with the Civil Local Rules and the Standing Order for All Judges of the Northern District of California may result in the imposition of sanctions for such failure. Failure to show good cause for such failure may subject the parties to sanctions.
Filing & Service rules
Electronic Filing Rules
If the document to be sealed is a motion, counsel must separately e-file a redacted version apart from the administrative sealing motion’s contents and attachments.
If the document sought to be filed under seal is a motion (for example, a motion to dismiss, a motion for summary judgment), counsel shall e-file, separately from the contents and attachments of the Administrative Motion to File Under Seal discussed above, a redacted version of the Motion.
Civil cases
Page 2 | D. E-filing
Instructions for e-filing the specified administrative sealing motions are available on the Court’s homepage.
For instructions on how to e-file the Administrative Motion to File Under Seal or Administrative Motion to Consider Whether Another Party’s Material Should Be Sealed, see the directions on the Court’s homepage at http://cand.uscourts.gov/ecf/underseal.
Civil cases
Page 2 | D. E-filing
Service and Proof of Service Rules
The filing party must serve the listed materials, this Order, and Civil Local Rule 79-5 on parties not on ECF and non-parties that designated material confidential.
The filing party must serve the above items, this Order, and a copy of Civil Local Rule 79-5 upon (i) any party who is not on ECF, and (ii) any non-party that has designated as confidential any material to be sealed.
Civil cases
Page 2 | C. Proposed Orders and Service
Courtesy Copy Requirements
Three-hole punched copy required for Judge’s chambers with each filing.
Each document filed or lodged with the Court must be accompanied by a three-hole punched copy for use in the Judge’s chambers.
Criminal cases
Page 6 | 10. Miscellaneous
No courtesy copies except for electronic media manually filed to chambers, or exhibits over 100 pages for TROs, preliminary injunctions, or summary judgment motions.
No courtesy copies shall be provided, except: (1) courtesy copies of electronic media manually filed shall be provided to chambers; and (2) if the exhibits submitted in support of motions for temporary restraining orders, preliminary injunctions, or summary judgment exceed 100 pages, courtesy copies shall be provided in binders with tabs separating each exhibit.
Civil cases
Courtesy copies must be three-hole punched and bear ECF stamp on each page.
All courtesy copies must be three-hole punched at the left margin. All courtesy copies of e-filed documents must bear the ECF stamp (case number, document number, date and page number) on the top of each page.
Criminal cases
Page 2 | 4. Motions
Sealing & Redaction Procedures
Any party seeking to file material under seal must comply with the Standing Order and Civil Local Rule 79-5.
Any party seeking to file material under seal must comply with this Order and Civil Local Rule 79-5.
Civil cases
Page 1 | A. Administrative Motions to File Under Seal
A sealing request must be narrowly tailored to cover only sealable material.
The request is “narrowly tailored to seek sealing only of sealable material” and does not indiscriminately seek to seal documents or portions of documents which do not contain sealable material. CIVIL L.R. 79-5(c)(3).
Civil cases
Page 2 | B. Justification for Filing Under Seal
Pre-Motion Conference Requirements
Pre-motion conference required before filing any motion, per Crim. L.R. 47-2 and 17.1-1(b).
All motions shall comply with Crim. L.R. 47-2. Before filing any motion, counsel for defendant and for the government shall confer concerning any matter covered by Crim. L.R. 17.1-1(b) relevant to the case, in particular, subparagraphs (1) - (3).
Criminal cases
Page 1 | 4. Motions
Adjournment & Extension Requirements
Rescheduling requests must be in writing 10 days before conference with good cause.
Any request to reschedule the above date should be made in writing, and by stipulation, if possible, not less than ten days before the conference date. Good cause must be shown.
Page 1 | Case Management Conference Requirements
Chambers Communication Rules
No contact allowed with prospective jurors through any means.
This Order also restricts the parties, their counsel and anyone working for a party or counsel from contacting or attempting to contact any prospective juror. This means that the parties, their counsel, and any agent, consultant, investigator, or other person working for them shall not communicate with or otherwise contact or attempt to communicate with or attempt to otherwise contact any prospective juror in any manner, whether through social media, by email, by telephone or messaging platforms (including WhatsApp, Telegram, and the like), by mail, or in person.
Page 1 | No Contact with Prospective Jurors
Parties must be available by phone Friday before trial to discuss unresolved issues.
The parties shall be available by telephone Friday before trial to discuss the issue raised with the Court.
Criminal cases
Page 5 | 9. Trial Matters
Absolutely prohibited to record or screenshot Zoom/teleconference court proceedings.
Any recording of a court proceeding held by video or teleconference, including “screen-shots” or other visual copying of a hearing, is absolutely prohibited.
Civil cases
No ex parte contact with Judge or Chambers staff except for Courtroom Deputy Jean Davis at whocrd@cand.uscourts.gov or 415-522-2077.
Unless otherwise authorized, parties shall not attempt to make ex parte contact with the Judge or his Chambers staff by telephone, facsimile, letter, or any other means but may contact Judge Orrick's Courtroom Deputy, Jean Davis, at whocrd@cand.uscourts.gov or 415-522-2077 with appropriate inquiries.
Civil cases
Prohibition against photographing, recording, or rebroadcasting court proceedings, including Zoom hearings.
Persons granted remote access to court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings (including those held by telephone or videoconference).
Civil cases
Chambers calls prohibited; contact Courtroom Deputy by phone or email only.
Please DO NOT call Chambers. If you need to contact the Courtroom Deputy, please call (415) 522-2077 and leave a message if the deputy is not available, or email whocrd@cand.uscourts.gov.
Criminal cases
Page 6 | 10. Miscellaneous
Violations may result in sanctions including removal of media credentials or restricted hearing access.
Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or any other sanctions deemed necessary by the court.
Civil cases
Pro se parties should visit court's Legal Help Center link.
Parties representing themselves should visit the link titled “If You Don’t Have a Lawyer” on the Court’s homepage, www.cand.uscourts.gov.
Page 1 | Notice to Unrepresented (Pro Se) Parties in Non-Prisoner Cases
Legal Help Center locations in San Francisco and Oakland.
In San Francisco, the Legal Help Center is located on the 15th Floor, Room 2796, of the courthouse at 450 Golden Gate Avenue. In Oakland, the Legal Help Center is located on the 4th Floor, Room 470S, of the courthouse at 1301 Clay Street.
Page 1 | Notice to Unrepresented (Pro Se) Parties in Non-Prisoner Cases
Call 415-782-8982 to make Legal Help Center appointment.
To make an appointment for San Francisco or Oakland, call 415-782-8982.
Page 1 | Notice to Unrepresented (Pro Se) Parties in Non-Prisoner Cases
Court available at 7:30 a.m. with advance notice for matters outside jury presence.
With advance notice, the Court is usually available at 7:30 a.m. to address such matters.
Criminal cases
Page 6 | 9. Trial Matters
Civil Case Management Conferences are on Tuesdays at 2:00 PM via Zoom unless specially set.
Civil Case Management Conferences are generally conducted on Tuesdays at 2:00 p.m. Unless specially set, all Initial and Further Case Management Conferences will be conducted by Zoom videoconference.
Civil cases
Civil law and motion hearings are on Wednesdays at 2:00 PM via Zoom unless in-person argument is granted.
Civil Law and Motion is generally conducted on Wednesdays at 2:00 p.m. Unless a request is made for an in-person argument that is granted by Judge Orrick, all civil law and motion hearings will be conducted by Zoom videoconference.
Civil cases
Pretrial Conferences are on Mondays at 2:00 PM in Courtroom 2 on the 17th floor.
Pretrial Conferences are generally conducted in person on Mondays at 2:00 p.m. in Courtroom 2 on the 17th floor.
Civil cases
Parties may indicate pronouns and titles in pleadings or letter to chambers.
Parties and attorneys may indicate their pronouns and titles (e.g., Mr., Ms., Mx.) by including them in the name block or signature line of their pleadings, or by submitting a letter directed to chambers.
Civil cases
Pro se parties should visit Legal Help Center resources on court website.
Parties representing themselves should visit the link titled “If You Don’t Have a Lawyer” on the Court’s homepage, www.cand.uscourts.gov. The link discusses the Court’s “Legal Help Center” for unrepresented parties. The Legal Help Center can be reached at 415-782-8982. In San Francisco, the Legal Help Center is located on the 15th Floor, Room 2796, of the courthouse at 450 Golden Gate Avenue. In Oakland, the Legal Help Center is located on the 4th Floor, Room 470S, of the courthouse at 1301 Clay Street.
Civil cases
Parties may arrange court conferences through Courtroom Deputy with notice to other parties.
Any party desiring to confer with the Court may, upon notice to all other parties, arrange a conference through the Courtroom Deputy, Jean Davis, at 415-522-2077 or whocrd@cand.uscourts.gov.
Criminal cases
Page 5 | 8. Other Pretrial Matters