Current through July 27, 2026

CA-ND — Operating Model

N.D. Cal. — N.D.

N.D. Cal. operates on a calendar-first / hybrid model. Motions are noticed for a specific hearing date on the judge's calendar, but the judge retains discretion to decide the motion without oral argument.

Noticed Hearing Date System (Civil L.R. 7-2(a))

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." The moving party selects a date on the judge's motion calendar — typically a specific day of the week that each judge designates for motions. This is the foundational scheduling mechanism: everything flows backward from the noticed hearing date.

Oral Argument at Judge's Discretion (Civil L.R. 7-1(b))

"Motions must be directed to the Judge to whom the action is assigned, except as that Judge may otherwise order. In the Judge's discretion, or upon request by counsel and with the Judge's approval, a motion may be determined without oral argument or by telephone conference call." This makes CA-ND a hybrid: there is a hearing date, but it may be vacated or converted to submission-only. Check the assigned judge's standing orders — many judges routinely take motions under submission without hearing.

Key Distinguishing Features vs. Other Federal Courts

  • Opposition tied to motion filing date (14 days after motion filed), NOT to the hearing date — unusual among federal courts
  • No pre-filing meet-and-confer required for ordinary motions by the local rules themselves (unlike discovery disputes); individual judges may require it by standing order
  • No separate statement of undisputed facts for summary judgment absent court order (Civil L.R. 56-2(a)) — the opposite of the Central District of California
  • ADR certification required before the initial case management conference (Civil L.R. 16-8(b))
  • Chambers copies of electronically filed documents are not submitted unless required by the judge's standing order (Civil L.R. 5-1(d)(7))