CA-ND — Motion Practice
N.D. Cal. — Civil Local Rules 7-1 through 7-13 govern motion practice in N.D.
Civil Local Rules 7-1 through 7-13 govern motion practice in N.D. Cal. The core system is a noticed hearing date: every motion is placed on a specific date on the judge's motion calendar.
Notice Requirement (Civil L.R. 7-2(a))
"Except as otherwise ordered or permitted by the assigned Judge or these Local Rules, and except for motions made during the course of a trial or hearing, all motions must be filed, served and noticed in writing on the motion calendar of the assigned Judge for hearing not less than 35 days after filing of the motion. 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."
Motion Form (Civil L.R. 7-2(b))
"In one filed document not exceeding 25 pages in length, a motion must contain: (1) On the first page in the space opposite the caption and below the case number, the noticed hearing date and time; (2) In the first paragraph, notice of the motion including date and time of hearing; (3) In the second paragraph, a concise statement of what relief or Court action the movant seeks; and (4) In the succeeding paragraphs, the points and authorities in support of the motion."
Proposed Order Required (Civil L.R. 7-2(c))
"Unless excused by the Judge who will hear the motion, each motion must be accompanied by a proposed order."
Continuances and Withdrawal (Civil L.R. 7-7)
Before opposition is filed, the moving party may file a notice continuing the hearing date if no opposition has been filed and the notice is filed before the opposition due date. After opposition is filed, a continuance requires a court order. Importantly: "Unless otherwise ordered by the Court, the continuance of the hearing of a motion does not extend the time for filing and serving the opposing papers or reply papers."
Nonopposition Statement (Civil L.R. 7-3(b))
"If the party against whom the motion is directed does not oppose the motion, that party must file with the Court a Statement of Nonopposition within the time for filing and serving any opposition."
Motion for Reconsideration (Civil L.R. 7-9)
Leave of court is required before filing any motion for reconsideration of an interlocutory order. "No party may notice a motion for reconsideration without first obtaining leave of Court to file the motion." Repetition of prior argument is prohibited.