N.D. Cal. Local Rules: Case Management, Motions, and ESI

The N.D. Cal. Local Rules supplement the Federal Rules of Civil Procedure with procedures specific to the Northern District of California, governing everything from the format of a first filing to how discovery fights get resolved. They are cited as “Civil L.R.” followed by the rule number, they carry the same force as any court order, and violating them can lead to sanctions, stricken filings, or dismissal.¹ Before you rely on the general local rules for anything, though, check the standing order of the judge assigned to your case. That is where the real requirements often live.

How the Local Rules, Federal Rules, and Standing Orders Fit Together

The Civil Local Rules apply to all civil actions in the district and are authorized by 28 U.S.C. § 2071 and Federal Rule of Civil Procedure 83.¹ They do not replace the Federal Rules; they add to them. Where a local rule addresses something the Federal Rules are silent on, the local rule controls. Where both speak to the same issue, you follow both.

On top of the general local rules, every judge in the district issues a standing order with additional requirements for cases on their docket. A standing order can impose tighter page limits, different briefing schedules, unique meet-and-confer procedures, or courtesy-copy requirements the general rules do not mention. Checking your assigned judge’s standing order the day you get the case is the single most effective step for avoiding preventable mistakes in this district.

The court maintains separate rule sets for admiralty, ADR, bankruptcy, criminal proceedings, habeas corpus, and patent cases. If your matter falls into one of those buckets, the specialized rules operate alongside the Civil Local Rules.¹

Filing a New Case

Nearly all new civil cases must be filed electronically through the court’s CM/ECF system. Unrepresented plaintiffs may file on paper; everyone else files electronically.² The filing fee for a new civil case is $405, consisting of a $350 filing fee and a $55 administrative fee.³

Every new case requires a Civil Cover Sheet. The caption on the first page must include the court’s name with the appropriate division, the case title, the case number followed by the initials of the assigned judge, and, when applicable, a jury trial demand directly after the pleading’s title.¹

Formatting

Text in all filings, including footnotes and quotations, must use a standard proportionally spaced font such as Times New Roman or Century Schoolbook in 12-point size.¹ The general rules do not set a uniform line spacing or margin size, but individual judges frequently specify these in their standing orders.

Chambers Copies

The default is that you do not submit a physical chambers copy of an electronically filed document unless the assigned judge’s standing order requires one or the judge requests one in a particular case.¹ Some judges want courtesy copies of long motions. Others never want paper. Read the standing order.

Service Through ECF

Once a document is filed through CM/ECF, the system generates a Notice of Electronic Filing that automatically serves every registered ECF user in the case. For anyone who is not a registered user, you must serve them under the Federal Rules and file a certificate of service.²

The initial complaint and summons always require service under Federal Rule 4, regardless of ECF. You cannot rely on electronic notice for the document that starts the case, because the defendant is not yet a party with ECF access.

Early Case Management

The Northern District front-loads case management more aggressively than many federal courts. Missing the early deadlines can put you in a hole before substantive litigation begins.

The Rule 26(f) Conference

Before the court holds its first scheduling conference, the parties must confer under Federal Rule 26(f). This conference must happen at least 21 days before the scheduling conference or the date a scheduling order is due.⁴ The discussion must cover initial disclosures, a discovery plan, preservation of electronically stored information, and ADR options. In this district, “meet and confer” means direct, good-faith communication, not an exchange of letters where each side restates its position.¹

Joint Case Management Statement

After the Rule 26(f) conference, the parties must file a Joint Case Management Statement. Civil L.R. 16-9 ties the filing deadline to the date set in the order scheduling the initial case management conference.¹ The Standing Order for All Judges prescribes the required contents and caps the statement at ten pages for most cases.⁵ The statement must address subject-matter and personal jurisdiction and service; a brief chronology of the facts and the principal legal disputes; a certification that the parties reviewed the ESI Guidelines and conferred on preservation; the discovery taken so far, the anticipated scope, and any proposed modifications; all relief sought, including the basis for calculating damages; and the status of ADR selection and settlement discussions.

Lead trial counsel for each party must attend the initial case management conference unless the assigned judge excuses them.⁶

ADR Certification

The Northern District runs an ADR Multi-Option Program, and participation is mandatory. Counsel and client must sign, serve, and file an ADR Certification no later than 21 days before the date set for the initial case management conference. Before that deadline, counsel must meet and confer to try to agree on an ADR process and a completion deadline. If they agree, they can file a stipulation and proposed order before the case management conference to obtain an early referral. If they cannot agree, the ADR Certification must say so, and the judge will address selection at the conference. The court’s ADR legal staff may also schedule a phone conference to help the parties choose or customize a process.⁷

Motion Practice

This is where the local rules diverge most sharply from what practitioners may be used to in other districts. Page limits, briefing deadlines, and meet-and-confer requirements can catch attorneys filing their first motion here.

Pre-Filing Meet-and-Confer

Before filing any motion or non-stipulated request, the moving party must meet and confer with the opposing side. The motion itself must include a certification that this requirement was satisfied.¹ Skip this step and the court can strike or disregard the filing. Some judges require the meet-and-confer to occur at least seven days before the motion is filed and to take place by video or in person rather than by email or phone. Always check.

Page Limits

Under the general Civil Local Rules, the opening brief and opposition are each capped at 25 pages, and the reply is capped at 15 pages. The motion, including the memorandum of points and authorities, must be contained in one document. These limits apply to summary judgment motions as well; Civil L.R. 56-1 directs that summary judgment motions follow the general motion-practice rules.¹ The court’s own commentary notes that 25 pages is a ceiling, not a target.

Individual judges frequently impose tighter limits through their standing orders. Some set 10-page caps on routine motions and reserve the full 25 pages for dispositive motions. The local rules set the outer boundary; the judge’s standing order often narrows it.

Briefing Deadlines

The opposition must be filed within 14 days after the motion is filed. The reply must be filed within 7 days after the opposition is due.¹ A critical detail here: Federal Rule 6(d), which normally adds three days to deadlines triggered by service, does not apply, because these deadlines run from the date of filing, not service. Assuming you have an extra three days is a common and entirely avoidable mistake.

Ex Parte Motions

Filing a motion without notice to the other side is permitted only when a statute, Federal Rule, local rule, or standing order specifically authorizes it. The motion must cite the authority that permits the ex parte filing.¹ A motion for a temporary restraining order, for example, must include a declaration from counsel certifying that notice was given to the opposing party or explaining why notice could not be provided. The bar for proceeding without notice is high, and urgency alone is not treated as justification.

Tentative Rulings

Many judges in this district issue tentative rulings before the scheduled hearing. Practice varies. Some judges post tentatives and require the parties to notify the court if they want oral argument; if no party requests argument, the tentative becomes the order without a hearing. Others do not issue tentatives at all. Whether and how your judge uses them is governed by the judge’s standing order.

Discovery and ESI

The Northern District has been ahead of most federal courts on electronic discovery for years, and its ESI framework reflects that. Counsel who ignore ESI requirements early often pay for it later when disputes reach a judge who expected compliance from the outset.

ESI Guidelines and Checklist

The court publishes ESI Guidelines and an accompanying Checklist that parties must review at the start of the case and discuss during the Rule 26(f) conference.⁸ The Joint Case Management Statement must include a certification that the parties reviewed the Guidelines and conferred about proportionate steps to preserve relevant evidence.⁵ The Guidelines encourage the parties to cooperate on an ESI plan and to designate ESI liaisons who understand each side’s data systems.

Discovery Disputes

Full-blown discovery motions are discouraged. Most judges require a structured process before any judicial intervention:

Attempt to resolve the dispute informally by phone, email, or letter.
If informal efforts fail, conduct a formal meet-and-confer by video or in person. An exchange of letters alone does not count.
If the dispute remains unresolved, file a joint letter brief within five business days of the formal meet-and-confer, signed by lead trial counsel for both sides.

Joint letter briefs are typically limited to five single-spaced pages, filed under the discovery letter brief event category. The court reviews the letter and decides whether formal briefing or a hearing is needed. Refusing to participate meaningfully in the process can result in an order adverse to the non-cooperating party.⁹ The specific format varies by judge, but the joint-letter-brief approach is widespread across the district.

Protective Orders and Filing Under Seal

The court provides model protective orders that parties can adopt by stipulation. Use is voluntary in most cases, though Patent Local Rule 2-2 requires the district’s model protective order to govern discovery in patent cases unless the court enters a different one.¹⁰

Having a protective order in place does not automatically allow you to file documents under seal. The public has a right of access to court files, and the local rules reflect that presumption firmly. To seal a document, you must file an Administrative Motion to File Under Seal explaining the legitimate private or public interest that warrants sealing, the injury that would result if sealing is denied, and why no less restrictive alternative is sufficient.¹ Simply pointing to a protective order’s confidentiality designation is not enough. The court expects parties to minimize what they seek to seal and to redact rather than seal entire documents wherever possible.

Sanctions

Civil L.R. 1-4 gives the court broad authority to sanction parties or counsel who fail to comply with the local rules or the Federal Rules. Available sanctions include monetary penalties, striking filings, dismissal of the action, and entry of default judgment.⁹ The most common triggers in practice are failing to meet and confer before filing a motion, missing briefing deadlines, and submitting briefs with inaccurate citations to law or evidence.

In discovery, judges do enter adverse orders against parties who refuse to cooperate in the joint letter brief process or who stonewall during meet-and-confer. A party that fails to produce a document in response to a proper discovery request may also find that document excluded at trial, regardless of whether the other side filed a motion to compel.

Pro Hac Vice Admission

Attorneys not admitted to the Northern District bar can apply to appear in a single case by filing a pro hac vice application. The applicant must be an active member in good standing of a U.S. court bar or the highest court of another state, must designate local co-counsel who is a California bar member with an office in the state, and must pay the pro hac vice admission fee.¹ The application must be filed at the time of the complaint or the attorney’s first appearance in the case. Late applications risk denial.

Attorneys who reside in California or regularly practice law in the state are generally ineligible for pro hac vice admission. A narrow exception exists for those who have been California residents for less than one year and have applied to the State Bar and registered for the bar exam.

Resources for Self-Represented Litigants

The court operates a free JDC Legal Help Center staffed by attorneys from the Justice and Diversity Center of the Bar Association of San Francisco. It runs at the San Francisco courthouse on Thursdays and the Oakland courthouse on Mondays and Wednesdays, with remote appointments by Zoom or phone. The attorneys there provide limited legal advice, help prepare simple pleadings, and explain court procedures, but they cannot represent litigants as their lawyer.¹¹

The court also publishes a free handbook, “Representing Yourself in Federal Court: A Handbook for Pro Se Litigants,” along with template packets for complaints, answers, motions, oppositions, and fillable forms for the case management statement.¹² Self-represented litigants are held to the same local rules as attorneys, so reading the applicable rules, the assigned judge’s standing order, and the handbook early is worth the time.

1
United States District Court Northern District of California. Civil Local Rules
2
United States District Court Northern District of California. E-Filing Case Documents
3
United States District Court Northern District of California. Court Fee Schedule
4
Legal Information Institute. Federal Rules of Civil Procedure Rule 26 – Duty to Disclose; General Provisions Governing Discovery
5
United States District Court Northern District of California. Standing Order for All Judges of the Northern District of California – Contents of Joint Case Management Statement
6
Legal Information Institute. Federal Rules of Civil Procedure Rule 16 – Pretrial Conferences; Scheduling; Management
7
United States District Court Northern District of California. ADR Local Rules
8
United States District Court Northern District of California. E-Discovery (ESI) Guidelines and Model Stipulated Orders
9
United States District Court Northern District of California. Civil Standing Order for Magistrate Judge Lisa J. Cisneros
10
United States District Court Northern District of California. Model Protective Orders
11
United States District Court Northern District of California. The JDC Legal Help Center at the San Francisco and Oakland Courthouses
12
United States District Court Northern District of California. Representing Yourself in Federal Court – A Handbook for Pro Se Litigants