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N.D. Cal. · Judge Breyer · Practice Guide

Hon. Charles R. Breyer

All local rules for N.D. Cal., integrated with this judge's published requirements.

Get updates when Judge Breyer's procedures change
Discovery Motions
Who decides discovery disputes in this judge's cases: the judge themself, a referral to a magistrate (always / usually / case-by-case), or a special master?
🏛 N.D. Cal. local rule

Motions must be directed to the Judge to whom the action is assigned, except as that Judge may otherwise order. (p. 30)

the initials of the Magistrate Judge to whom the action is referred for discovery or other pretrial activity (p. 12)

by any written order of a District Judge designating a Magistrate Judge to perform specific statutorily authorized duties in a particular action. (p. 70)

Civil L.R. 7-1(b); 3-4(a); 72-1

👤 Judge Breyer — standing order

“Motions to compel discovery are referred to a Magistrate Judge for assignment.” · Judge Breyer's Standing Order

Pre-motion conferral: required? Format (in person / live / written OK)? Who arranges it, deadline, number of attempts?
🏛 N.D. Cal. local rule

The Court will not entertain a request or a motion to resolve a disclosure or discovery dispute unless, pursuant to Fed. R. Civ. P. 37, counsel have previously conferred for the purpose of attempting to resolve all disputed issues. (p. 59)

“Meet and confer” or “confer” means to communicate directly and to discuss in good faith the issue(s) required under the particular Rule or order. (p. 10)

Unless these Local Rules otherwise provide or a Judge otherwise orders, such communication may take place by telephone. (p. 10)

The mere sending of a written, electronic, or voice-mail communication, however, does not satisfy a requirement to “meet and confer” or to “confer.” (p. 10)

this requirement can be satisfied only through direct dialogue and discussion – either in a face to face meeting or in a telephone conversation. (p. 10)

Civil L.R. 37-1(a); 1-5(n)

👤 Judge Breyer — standing order

Nothing posted.

What proof of conferral must be filed or stated (certification, letter, dates, participants, duration)?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Breyer — standing order

Nothing posted.

Must (or may) the parties get a conference with the court before a written motion (IDC, pre-motion conference, discovery hotline, teleconference)? Required / optional / not offered?
🏛 N.D. Cal. local rule

If a dispute arises during a discovery event the parties must attempt to resolve the matter without judicial intervention by conferring in good faith. (p. 59)

counsel or a party may contact the chambers of the assigned District Judge or Magistrate Judge to ask if the Judge is available to address the problem through a telephone conference during the discovery event. (p. 59)

Civil L.R. 37-1(b)

👤 Judge Breyer — standing order

Nothing posted.

The vehicle and contents for raising a dispute with the court: letter / letter-motion / email / form / joint submission. Joint or unilateral? Page or word limits, required contents, attachments.
🏛 N.D. Cal. local rule

Any written request to the Court for an order must be presented by one of the following means: (p. 30)

A duly noticed motion pursuant to Civil L.R. 7-2; (p. 30)

In addition to complying with applicable provisions of Civil L.R. 7, a motion to compel further responses to discovery requests must (p. 59)

Civil L.R. 7-1(a); 37-2

👤 Judge Breyer — standing order

“Therefore, counsel are required to file a notice of discovery disputes to initiate a referral in lieu of filing discovery motions before this Court.” · Judge Breyer's Standing Order

If a written motion is filed: form (joint stipulation, standard motion, letter brief), length, required contents (e.g., verbatim requests and responses), briefing schedule
🏛 N.D. Cal. local rule

a motion to compel further responses to discovery requests must set forth each request in full, followed immediately by the objections and/or responses thereto. (p. 59)

For each such request, the moving papers must detail the basis for the party’s contention that it is entitled to the requested discovery and must show how the proportionality and other requirements of Fed. R. Civ. P. 26(b)(2) are satisfied. (p. 59)

In one filed document not exceeding 25 pages in length, a motion must contain: (p. 30)

The opposition must be filed and served not more than 14 days after the motion was filed. (p. 31)

Unless the Court expressly orders otherwise pursuant to a party’s request made prior to the due date, briefs or memoranda filed with opposition papers may not exceed 25 pages of text (p. 32)

Civil L.R. 37-2; 7-2(b); 7-3(a); 7-4(b)

👤 Judge Breyer — standing order

Nothing posted.

Replies, supplemental memos, sur-replies: allowed? Limits?
🏛 N.D. Cal. local rule

the reply brief or memorandum may not exceed 15 pages of text. (p. 31)

The reply to an opposition must be filed and served not more than 7 days after the opposition was due. (p. 31)

Once a reply is filed, no additional memoranda, papers or letters may be filed without prior Court approval, except as follows: (p. 31)

Unless the Court expressly orders otherwise pursuant to a party’s request made prior to the due date (p. 32)

Civil L.R. 7-3(c),(d); 7-4(b)

👤 Judge Breyer — standing order

Nothing posted.

Must disputes be filed / heard / decided before the discovery cutoff? Any lead-time requirement?
🏛 N.D. Cal. local rule

Unless otherwise ordered, as used in any order of this Court or in these Local Rules, a “discovery cut-off” is the date by which all responses to written discovery are due and by which all depositions must be concluded. (p. 59)

Where the Court has set a single discovery cut-off for both fact and expert discovery, no discovery-related motions may be filed more than 7 days after the discovery cut-off. (p. 59)

no motions related to fact discovery may be filed more than 7 days after the fact discovery cut-off, and no motions related to expert discovery may be filed more than 7 days after the expert discovery cut-off. (p. 59)

“Discovery-related motions” encompasses all motions relating to discovery, including motions to compel or protect against discovery, motions regarding the duty to preserve documents, including spoliation motions, motions to quash or enforce subpoenas, and motions for discovery sanctions. (p. 59)

Civil L.R. 37-3

👤 Judge Breyer — standing order

Nothing posted.

Is there a hearing? When, how (in person / phone / video), decided on papers?
🏛 N.D. Cal. local rule

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. (p. 30)

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. (p. 30)

Civil L.R. 7-2(a); 7-1(b)

👤 Judge Breyer — standing order

Nothing posted.

Emergency / ex parte discovery relief (e.g., disputes during a deposition): allowed? How?
🏛 N.D. Cal. local rule

If good faith negotiations between the parties fail to resolve the matter, and if disposition of the dispute during the discovery event likely would result in substantial savings of expense or time, counsel or a party may contact the chambers of the assigned District Judge or Magistrate Judge (p. 59)

Unless otherwise ordered by the assigned Judge, a party may file an ex parte motion, that is, a motion filed without notice to opposing party, only if a statute, Federal Rule, local rule, or Standing Order authorizes ex parte filing. (p. 34)

If the motion is to shorten time for the Court to hear a motion: (p. 28)

Civil L.R. 37-1(b); 7-10; 6-3(a)(4)

👤 Judge Breyer — standing order

Nothing posted.

Stated consequences for not following the procedure
🏛 N.D. Cal. local rule

If counsel for the moving party seeks to arrange such a conference and opposing counsel refuses or fails to confer, the Judge may impose an appropriate sanction, which may include an order requiring payment of all reasonable expenses, including attorney's fees, caused by the refusal or failure to confer.

The Court will not entertain a request or a motion to resolve a disclosure or discovery dispute unless

Civil L.R. 37-1(a)

👤 Judge Breyer — standing order

Nothing posted.

Hearings & Calendar
When does the judge hear civil motions?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Breyer — standing order

“Civil law and motion calendar is generally conducted on Fridays at 10:00 a.m.” · Judge Breyer's Standing Order

How do you get a hearing date? Self-notice on the motion day, reserve with the courtroom deputy first, or the court sets it? Notice period? Closed dates?
🏛 N.D. Cal. local rule

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. (p. 30)

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. (p. 30)

On the first page in the space opposite the caption and below the case number, the noticed hearing date and time; (p. 30)

In the first paragraph, notice of the motion including date and time of hearing; (p. 30)

A Judge who will be absent from the District for one court day or more shall post a notice to that effect on the official calendar of the Court. (p. 10)

Civil L.R. 7-2(a), (b)(1)-(2); 1-5(p)

👤 Judge Breyer — standing order

“For all hearing and conferences, order of call is determined by the Court.” · Judge Breyer's Standing Order

“Counsel need not reserve a hearing date for motions.” · Judge Breyer's Standing Order

“However, counsel is advised to check the Court website scheduling notes for unavailable dates.” · Judge Breyer's Standing Order

“Noticed dates may be reset as the Court's calendar requires.” · Judge Breyer's Standing Order

Is there oral argument by default, or is it decided on the papers? Can the court vacate the hearing?
🏛 N.D. Cal. local rule

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. (p. 30)

Unless otherwise ordered, a Motion for Administrative Relief is deemed submitted for immediate determination without hearing on the day after the opposition is due. (p. 34)

Civil L.R. 7-1(b); 7-2(a); 7-11(c)

👤 Judge Breyer — standing order

Nothing posted.

How do you request oral argument (or a hearing) if it isn't automatic?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Breyer — standing order

Nothing posted.

Does the judge issue tentative rulings? When and where are they posted, and what do you do if you submit on one?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Breyer — standing order

Nothing posted.

Can you appear remotely (phone/video)? How and when to request it?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Breyer — standing order

Nothing posted.

Does the judge encourage or guarantee argument by newer attorneys?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Breyer — standing order

“Junior lawyers and lawyers from groups that have been historically underrepresented in the legal profession are invited to argue motions they have helped prepare and to question witnesses with whom they have worked.” · Judge Breyer's Standing Order

“This Court is amenable to permitting a number of lawyers to argue for one party if this creates an opportunity for a junior lawyer or lawyers from underrepresented groups to participate.” · Judge Breyer's Standing Order

“Of course, the ultimate decision of who speaks on behalf of the client is for the lawyer in charge of the case, not for the Court.” · Judge Breyer's Standing Order

How do you continue/adjourn a hearing?
🏛 N.D. Cal. local rule

a party who has filed a motion may file a notice continuing the originally noticed hearing date for that motion to a later date if: (p. 32)

No opposition has been filed; and (p. 32)

The notice of continuance is filed prior to the date on which the opposition is due pursuant to Civil L.R. 7-3(a). (p. 32)

After an opposition to a motion has been filed, the noticed hearing date may be continued to a subsequent date upon order of the assigned Judge. (p. 32)

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. (p. 32)

Any stipulated request or motion which affects a hearing or proceeding on the Court’s calendar must be filed no later than 14 days before the scheduled event. (p. 28)

Civil L.R. 7-7(a), (b), (d); 6-1(b)

👤 Judge Breyer — standing order

“No changes in the Court's schedule shall be made except by signed order of the Court and upon a showing of good cause.” · Judge Breyer's Standing Order

Courtroom technology and devices: equipment available; phones/laptops allowed; testing in advance
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Breyer — standing order

Nothing posted.

Stated consequences for hearing-related noncompliance
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Breyer — standing order

Nothing posted.

Summary Judgment
How many SJ motions may each party (or side) file, and how do you get leave for more?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Breyer — standing order

“Each party is limited to filing one summary judgment motion.” · Judge Breyer's Standing Order

“Any party wishing to exceed this limit must request leave of the Court and must show good cause.” · Judge Breyer's Standing Order

What page limits apply to SJ briefs, where they differ from the general motion limits?
🏛 N.D. Cal. local rule

In one filed document not exceeding 25 pages in length, a motion must contain: (p. 30)

Unless the Court expressly orders otherwise pursuant to a party’s request made prior to the due date, briefs or memoranda filed with opposition papers may not exceed 25 pages of text and the reply brief or memorandum may not exceed 15 pages of text. (p. 32)

Civil L.R. 7-2(b); 7-4(b)

👤 Judge Breyer — standing order

“Briefs or Memoranda of Points and Authorities in support of, or in opposition to, any motions filed in an action must be typed on 28-line, double-spaced pleading paper and, except for summary judgment motions, may not exceed 15 pages in length, exclusive of title pages, indexes of cases, table of contents, exhibits, affidavits and summaries of argument, if required.” · Judge Breyer's Standing Order

“Summary judgment memoranda may not exceed 25 pages.” · Judge Breyer's Standing Order

Do you need the court's permission, a pre-motion conference or letter, a status report, or advance notice before filing?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Breyer — standing order

Nothing posted.

Can you move for SJ before discovery closes?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Breyer — standing order

Nothing posted.

When must the motion be filed or heard, and on what briefing schedule?
🏛 N.D. Cal. local rule

Motions for summary judgment or summary adjudication and opposition to such motions must be noticed as provided in Civil L.R. 7-2 and 7-3. (p. 65)

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. (p. 30)

The opposition must be filed and served not more than 14 days after the motion was filed. (p. 31)

The reply to an opposition must be filed and served not more than 7 days after the opposition was due. (p. 31)

Civil L.R. 56-1; 7-2(a); 7-3(a), (c)

👤 Judge Breyer — standing order

Nothing posted.

Before filing, must the movant confer with or serve SJ papers on the opponent, and how far ahead?
🏛 N.D. Cal. local rule

If the assigned Judge orders the submission of a joint statement of undisputed facts, the parties shall confer and submit, on or before a date set by the assigned Judge, a joint statement of undisputed facts. (p. 65)

Civil L.R. 56-2(b)

👤 Judge Breyer — standing order

Nothing posted.

What kind of fact statement does the judge want?
🏛 N.D. Cal. local rule

Unless required by the assigned Judge, no separate statement of undisputed facts or joint statement of undisputed facts shall be submitted. (p. 65)

If the nonmoving party refuses to join in the statement, the moving party will nevertheless be permitted to file the motion, accompanied by a separate declaration of counsel explaining why a joint statement was not filed. (p. 65)

Civil L.R. 56-2(a)-(b)

👤 Judge Breyer — standing order

Nothing posted.

Is there a cap on the fact statement (and the response)?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Breyer — standing order

Nothing posted.

How must the fact statement and responses be laid out?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Breyer — standing order

Nothing posted.

How do you raise evidentiary objections to the other side's SJ evidence?
🏛 N.D. Cal. local rule

Any evidentiary and procedural objections to the motion must be contained within the brief or memorandum. (p. 31)

Any evidentiary and procedural objections to the opposition must be contained within the reply brief or memorandum. (p. 31)

If new evidence has been submitted in the reply, the opposing party may file and serve an Objection to Reply Evidence, which may not exceed 5 pages of text, stating its objections to the new evidence, which may not include further argument on the motion. (p. 31)

Civil L.R. 7-3(a), (c), (d)(1)

👤 Judge Breyer — standing order

Nothing posted.

How must SJ evidence be assembled?
🏛 N.D. Cal. local rule

Factual contentions made in support of or in opposition to any motion must be supported by an affidavit or declaration and by appropriate references to the record. (p. 32)

Civil L.R. 7-5(a)

👤 Judge Breyer — standing order

Nothing posted.

Do you file full deposition transcripts or only the cited excerpts?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Breyer — standing order

Nothing posted.

In the brief, do you cite the record, the fact statement, or both? Must the brief carry its own statement of facts?
🏛 N.D. Cal. local rule

Content. In addition to complying with the applicable provisions of Civil L.R. 3-4, a brief or memorandum of points and authorities filed in support, opposition, or reply to a motion must contain: (p. 31)

A succinct statement of the relevant facts; and (p. 31)

Civil L.R. 7-4(a)(4)

👤 Judge Breyer — standing order

Nothing posted.

If the motion or opposition depends on excluding an expert, how and when must the challenge be raised?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Breyer — standing order

Nothing posted.

How are cross-motions handled?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Breyer — standing order

Nothing posted.

Will the judge entertain SJ in a non-jury case?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Breyer — standing order

Nothing posted.

What consequences does the judge's own text state for SJ noncompliance?
🏛 N.D. Cal. local rule

An affidavit or declaration not in compliance with this rule may be stricken in whole or in part. (p. 32)

Whether or not sanctions should be imposed for failure to file a joint statement of undisputed facts is a matter within the discretion of the assigned Judge. (p. 65)

Civil L.R. 7-5(b); 56-2(b)

👤 Judge Breyer — standing order

Nothing posted.

Pro Hac Vice
What does PHV admission cost, who pays it, and is it ever waived?
🏛 N.D. Cal. local rule

At the time the application is submitted, an attorney requesting to practice under Civil L.R. 11-3 must pay to the Clerk the Pro Hac Vice admission fee set by the Court's fee schedule. (p. 39)

If the assigned Judge rejects the application, the fee will be refunded at the attorney's request. (p. 39)

Fee schedule; Civil L.R. 11-3(d)-(e)

👤 Judge Breyer — standing order

Nothing posted.

Must PHV counsel associate with local counsel (a member of this court's bar), and who qualifies?
🏛 N.D. Cal. local rule

(3) That an attorney, identified by name and office address, who is a member of the bar of this Court in good standing and who maintains an office within the State of California, is designated as co-counsel. (p. 39)

Civil L.R. 11-3(a)(3)

👤 Judge Breyer — standing order

Nothing posted.

Who files the PHV motion or application: the applicant, or local or sponsoring counsel?
🏛 N.D. Cal. local rule

An attorney who is not a member of the bar of this Court may apply to appear pro hac vice in a particular action in this district by submitting to the Clerk, together with the written application, a true and correct copy of a certificate of good standing or other similar official document issued by the appropriate authority governing attorney admissions for the relevant bar. (p. 38)

Civil L.R. 11-3(a); admission page

👤 Judge Breyer — standing order

Nothing posted.

What proof of good standing is required (a certificate or a sworn statement), from which bars, and how recent?
🏛 N.D. Cal. local rule

An attorney who is not a member of the bar of this Court may apply to appear pro hac vice in a particular action in this district by submitting to the Clerk, together with the written application, a true and correct copy of a certificate of good standing or other similar official document issued by the appropriate authority governing attorney admissions for the relevant bar. (p. 38)

must be dated no more than one year prior to the date of application for admission. (p. 39)

Civil L.R. 11-3(a)

👤 Judge Breyer — standing order

Nothing posted.

What must the PHV motion or application contain, and must (or may not) a particular form be used?
🏛 N.D. Cal. local rule

The applicant must also submit an oath certifying the following: (1) That he or she is an active member in good standing of the bar of a United States Court or of the highest court of another state or the District of Columbia, specifying such bar; (2) That he or she agrees to abide by the Standards of Professional Conduct set forth in Civil L.R. 11-4, and to become familiar with the Local Rules and Alternative Dispute Resolution Programs of this Court and, where applicable, with the Bankruptcy Local Rules; (3) That an attorney, identified by name and office address, who is a member of the bar of this Court in good standing and who maintains an office within the State of California, is designated as co-counsel. (4) The number of times the applicant has been granted pro hac vice admission by the Court in the 12 months preceding the application. (p. 39)

Civil L.R. 11-3(a)(1)-(4); court form

👤 Judge Breyer — standing order

Nothing posted.

By when must the PHV motion be filed or granted: before a filing, before a conference, or at the first appearance? Is an oral motion allowed?
🏛 N.D. Cal. local rule

An attorney seeking to appear pro hac vice must submit the application and admission fee 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 of the application. (p. 39)

Except as provided in Civil L.R. 11-2, 11-3, and 11-9, and Fed. R. Civ. P. 45(f), an attorney must be a member of the bar of this Court to practice in this Court and in the Bankruptcy Court of this District. (p. 37)

Civil L.R. 11-3(b); 11-1(a)

👤 Judge Breyer — standing order

Nothing posted.

Must PHV counsel register for ECF (or is it barred), and by when?
🏛 N.D. Cal. local rule

admission page

👤 Judge Breyer — standing order

Nothing posted.

What must local counsel do once PHV counsel is in the case (attend conferences or hearings, sign filings, know the case, accept service, answer for PHV counsel)?
🏛 N.D. Cal. local rule

Service of papers on and communications with local co-counsel designated pursuant to Civil L.R. 11-3(a)(3) shall constitute notice to the party. (p. 39)

(2) If not proceeding pro se and if proceeding pro hac vice in conformity with Civil L.R. 11-3, following the information required in Civil L.R. 3-4(a)(1), the name, address, telephone and state bar number of the member of the bar of the Court who maintains an office within the State of California; and (p. 12)

Civil L.R. 11-3(f); 3-4(a)(2)

👤 Judge Breyer — standing order

Nothing posted.

Must the PHV motion state the other parties' position or consent, or confer with them first? When may the other side oppose?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Breyer — standing order

Nothing posted.

What consequences does the judge's own text state for PHV problems (revocation of PHV status, denial, a duty to bring in local counsel)?
🏛 N.D. Cal. local rule

A failure to meet this deadline may result in denial of the application. (p. 39)

The Clerk will not present an application to the assigned Judge unless the filing fee has been paid or a request to waive the filing fee has been submitted. (p. 39)

Civil L.R. 11-3(b), (e)

👤 Judge Breyer — standing order

Nothing posted.

Are attorneys who live, work, or are barred in this state excluded from PHV and sent to full admission?
🏛 N.D. Cal. local rule

Unless authorized by an Act of Congress or by an order of the assigned Judge, an applicant is not eligible for permission to practice pro hac vice if the applicant: (1) Resides in the State of California; or (2) Is regularly engaged in the practice of law in the State of California. This disqualification shall not be applicable if the pro hac vice applicant (i) has been a resident of California for less than one year; (ii) has registered with, and completed all required applications for admission to, the State Bar of California; and (iii) has officially registered to take or is awaiting results from the California State Bar exam. (p. 39)

Civil L.R. 11-3(c)

👤 Judge Breyer — standing order

Nothing posted.

Is there a cap on how often an attorney may appear PHV, or a required disclosure of past PHV applications?
🏛 N.D. Cal. local rule

(4) The number of times the applicant has been granted pro hac vice admission by the Court in the 12 months preceding the application. (p. 39)

Civil L.R. 11-3(a)(4)

👤 Judge Breyer — standing order

Nothing posted.

Do government attorneys need PHV admission, and are they exempt from the fee or local counsel?
🏛 N.D. Cal. local rule

An attorney employed or retained by the United States government or any of its agencies may, without satisfying the membership requirements of LR 11-1, practice in this Court in all actions or proceedings within the scope of his or her employment or retention by the United States. (p. 38)

Civil L.R. 11-2

👤 Judge Breyer — standing order

Nothing posted.

Other procedures for Judge Breyer
Before You File
Ex parte applications
🏛 N.D. Cal. local rule

7-10. Ex Parte Motions Unless otherwise ordered by the assigned Judge, a party may file an ex parte motion, that is, a motion filed without notice to opposing party, only if a statute, Federal Rule, local rule, or Standing Order authorizes ex parte filing. The motion must include a citation to the statute, rule, or order which permits the use of an ex parte motion to obtain the relief sought. Civ. L.R. 7-10 ↗

Drafting the Motion
Length limits — motion, opposition, reply
🏛 N.D. Cal. local rule
Opposition

(b) Length. Unless the Court expressly orders otherwise pursuant to a party’s request made prior to the due date, briefs or memoranda filed with opposition papers may not exceed 25 pages of text and the reply brief or memorandum may not exceed 15 pages of text. Civ. L.R. 7-4(b) ↗

Reply

(b) Length. Unless the Court expressly orders otherwise pursuant to a party’s request made prior to the due date, briefs or memoranda filed with opposition papers may not exceed 25 pages of text and the reply brief or memorandum may not exceed 15 pages of text. Civ. L.R. 7-4(b) ↗

Filing & Scheduling
Chambers / courtesy copies
👤 Judge Breyer — standing order
Details

Courtesy copies. Parties must file a single (no duplicates) courtesy chambers copy of all filings. The courtesy copy must be delivered to the Clerk's Office no later than noon on the court day following the day that the document was electronically filed. (Note: This deadline differs from those in Civil Local Rule 5-1(e)(7)(A).) All chambers copies should be three-hole punched along the left side of the page, and should bear the ECF filing “stamp” ... along the top of the page. All exhibits shall be clearly delineated with tabs along the right side. If the filing includes exhibits over three inches thick, the parties shall place the chambers copy in a binder.

Proposed orders
🏛 N.D. Cal. local rule

(f) Proposed Orders Proposed orders submitted by an ECF user in an ECF case shall be filed in PDF format, and attached to the applicable motion or other document. In addition, proposed orders shall be submitted in a standard word processing format (such as Microsoft Word) to the specific address on the Court’s website for emailing proposed orders to the assigned Judge. Proposed orders must conform to the requirements of the assigned Judge’s standing orders. Civ. L.R. 5-1(f) ↗

👤 Judge Breyer — standing order

Counsel shall submit a proposed form of order with all motion and opposition papers.

Know Before You Go
👤 Judge Breyer — deviations that burn people
  • 15-page cap on all non-SJ motion and opposition briefs -- significantly tighter than the local-rule default of 25; filing a 25-page brief is an immediate violation.
  • Briefs exceeding 10 pages require a summary of argument section -- easy to omit if accustomed to standard local-rule practice.
  • One summary judgment motion per party -- leave of court required to file more.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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