Watchpoints
N.D. Cal. — Common compliance failures for practitioners new to N.D. Cal., drawn from the Civil Local Rules effective May 1, 2026.
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)).