CA-ND — Watchpoints
N.D. Cal. — Common compliance failures for practitioners new to N.D.
Common compliance failures for practitioners new to N.D. Cal., drawn from the Civil Local Rules effective May 1, 2026.
- Opposition tied to filing date, not hearing date. The opposition is due "not more than 14 days after the motion was filed" (Civil L.R. 7-3(a)) — not 21 days before the hearing. Practitioners accustomed to hearing-date-anchored schedules (such as C.D. Cal.'s 21-day-before-hearing rule) will miscalculate deadlines. Fed. R. Civ. P. 6(d) does not extend this deadline.
- Reply tied to when opposition was due, not when it was filed. The reply is due "not more than 7 days after the opposition was due" (Civil L.R. 7-3(c)) — not 7 days after opposition was actually filed. If the opposing party files late, the reply deadline does not move.
- Noticed hearing date must appear on first page of motion. Civil L.R. 7-2(b)(1) requires the noticed hearing date and time to appear "on the first page in the space opposite the caption and below the case number." Omitting this is a common formatting error.
- No separate statement of undisputed facts unless the judge orders one. Civil L.R. 56-2(a) prohibits filing a separate statement absent a court order. Filing one uninvited may be rejected or draw a rebuke — the opposite of C.D. Cal. practice where the statement is mandatory.
- Meet-and-confer by email alone is not sufficient. Civil L.R. 1-5(n) expressly states: "The mere sending of a written, electronic, or voice-mail communication, however, does not satisfy a requirement to 'meet and confer' or to 'confer.'" Only direct phone or in-person dialogue qualifies. Discovery motions filed without a qualifying conference will be rejected.
- Pro hac vice application must be filed at or before first appearance. Civil L.R. 11-3(b) states that the application and fee must be submitted "at the time of the filing of a complaint or the attorney's first appearance in the case" — a failure to meet this deadline may result in denial. California residents cannot appear pro hac vice at all absent special circumstances (Civil L.R. 11-3(c)).