CA-ND — Briefing Schedule
N.D. Cal. — Civil L.R.
Civil L.R. 7-3 sets the briefing schedule for N.D. Cal. motions. The critical feature: opposition and reply deadlines run from the motion filing date, not from the hearing date. Fed. R. Civ. P. 6(d) does not extend any of these deadlines.
Opposition (Civil L.R. 7-3(a))
"Any opposition to a motion may include a proposed order, affidavits, or declarations, as well as a brief or memorandum under Civil L.R. 7-4. Any evidentiary and procedural objections to the motion must be contained within the brief or memorandum. Pursuant to Civil L.R. 7-4(b), such brief or memorandum may not exceed 25 pages of text. The opposition must be filed and served not more than 14 days after the motion was filed. Fed. R. Civ. P. 6(d), which extends deadlines that are tied to service (as opposed to filing), does not apply and thus does not extend this deadline."
Reply (Civil L.R. 7-3(c))
"Any reply to an opposition may include affidavits or declarations, as well as a supplemental brief or memorandum under Civil L.R. 7-4. Any evidentiary and procedural objections to the opposition must be contained within the reply brief or memorandum. Pursuant to Civil L.R. 7-4(b), the reply brief or memorandum may not exceed 15 pages of text. The reply to an opposition must be filed and served not more than 7 days after the opposition was due. Fed. R. Civ. P. 6(d), which extends deadlines that are tied to service (as opposed to filing), does not apply and thus does not extend this deadline."
Supplementary Material (Civil L.R. 7-3(d))
Once the reply is filed, no additional papers may be filed without prior court approval, with two exceptions: (1) if the reply introduces new evidence, the opposing party may file an Objection to Reply Evidence (max 5 pages of text, no further argument, due within 7 days of the reply); and (2) a Statement of Recent Decision may be filed to bring a newly published judicial opinion to the court's attention before the noticed hearing date, without argument.
Timeline Summary
- Day 0: Motion filed; hearing date noticed (must be at least 35 days out)
- Day 14: Opposition due (14 days after motion filed)
- Day 21: Reply due (7 days after opposition was due)
- Day 35+: Noticed hearing date