Judge Charles R. Breyer — United States District Court, Northern District of California

Standing Orders — Inline Excerpts

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” (case number, docket number, date, and ECF page number) along the top of the page.

All exhibits shall be clearly delineated with tabs along the right side (e.g., “1”, “2”, “3”). If the filing includes exhibits over three inches thick, the parties shall place the chambers copy in a binder. The Court prefers double-sided printing for voluminous chambers copies of exhibits, if possible.

Delivery Address

United States District Court Office of the Clerk 450 Golden Gate Ave, 16th Floor San Francisco, CA 94102

Judge Breyer's Guidelines for Trial & Final Pretrial Conference in Civil Bench Cases

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/CRB-Civil-BenchTrial-StandingOrder-7-29-2025.pdf]

GUIDELINES FOR CIVIL BENCH TRIALS BEFORE THE HONORABLE CHARLES R. BREYER I. FINAL PRETRIAL CONFERENCE 1. Please do not prepare a joint pretrial conference statement. Nor should counsel invest time on deposition designations or extracts from interrogatories or requests for admissions at the pretrial conference stage. Instead, please file seven calendar days in advance of the final pretrial conference the following: a. In lieu of preparing a joint pretrial conference statement, the parties shall meet and confer and prepare a joint proposed final pretrial order that contains: (i) a brief description of the substance of claims and defenses which remain to be decided, (ii) a statement of all relief sought, (iii) all stipulated facts, (iv) a list of all factual issues which remain to be tried, (v) a joint exhibit list in numerical order, including a brief description of the exhibit, a column for when it is offered in evidence, a column for when it is received in evidence, and a column for any limitations on its use, and (vi) each party’s separate witness list for its case-in- chief witnesses (including those appearing by deposition) providing, for all such witnesses other than an individual plaintiff and an individual defendant, a short statement of the substance of his/her testimony and, separately, what, if any, non-cumulative testimony the witness will give. If non- cumulative testimony is not spelled out, then the Court will presume the witness is cumulative. For each witness, state an hour/minute time estimate for the direct examination (only). Items (v) and (vi) should be appendices to the proposed order. The objective is to convert the proposed order to a final order with the benefit of any discussion at the final pretrial conference. b. Each side’s proposed findings of fact and conclusions of law. Each party shall file at least 7 days prior to the Pretrial Conference proposed Findings of Fact and Conclusions of Law on all material issues. The Court requests that the parties hyperlink each proposed Finding of Fact to any supporting evidence. Proposed Findings shall be brief, written in plain English, and free of pejorative language, conclusions and argument. Parties shall deliver to Chambers

copies of Proposed Findings of Fact and Conclusions of Law on a thumb drive in Word format, with a label including the name of the case, the case number and a description of the submission c. Each side’s trial brief. d. Any motion in limine, with the opposition, filed as follows: At least twenty calendar days before the conference, serve, but do not file, the moving papers. At least ten calendar days before the conference, serve the oppositions. When the oppositions are received, the moving party should collate the motion and the opposition together, back to back, and then file each paired set as one document at least seven calendar days before the conference. Each motion should be presented in a separate memo and numbered, as in, for example, “Plaintiff’s Motion in Limine No. 1 to Exclude... ”. Please be sure to three-hole punch the chambers copies so they can go into a trial notebook. For bench trials, motions in limine are rarely needed or useful. 2. The joint proposed final pretrial order and the proposed findings of fact and conclusions of law shall be submitted by email at crbpo@cand.uscourts.gov, on a thumb drive in Word format, as well as in hard copies. All hard-copy submissions should be three-hole punched on the left, so the chambers’ copy can be put in binders. II. PRETRIAL ARRANGEMENTS 1. Should a daily transcript and/or real-time reporting be desired, the parties shall make arrangements with the Supervisor of Court Reporting Services by email at Transcripts@cand.uscourts.gov at least ten calendar days prior to the trial date. 2. The Courtroom is set up with equipment that allows evidence presentation. If additional equipment is necessary, the United States Marshal requires a court order to allow equipment into the courthouse. Please work with Lashanda Scott 415-522-2062 on courtroom- layout issues.
III. SCHEDULING The normal trial schedule is Monday through Thursday except for any Wednesday afternoon and all federal court holidays. Trial will commence at 9:15 a.m. and go until 4:00

p.m. with two fifteen-minute breaks and thirty minutes to one hour for lunch. Counsel must be present at least fifteen minutes prior to trial commencing. IV. OPENING STATEMENTS Counsel must cooperate and meet and confer to exchange any visuals, graphics or exhibits to be used in the opening statements, allowing for time to work out objections and any reasonable revisions. V. WITNESSES 1. A witness not included in the pre-trial list may not be used without good cause. This rule does not apply to true rebuttal witnesses (other than experts). Defense witnesses are normally case-in-chief witnesses, not “rebuttal” witnesses. 2. Communication with opposing party. Throughout the trial, all counsel are entitled to know a firm order of witnesses for the next full court day and the exhibits that will be used on direct examination (other than for impeachment of an adverse witness). All other counsel shall provide any objections to such exhibits and shall provide a list of all exhibits to be used with the same witness on cross-examination (other than for impeachment). This requires that the first such notice be provided before trial actually begins. 3. Counsel must always have their next witness ready and in the courthouse. Failure to have the next witness ready or to be prepared to proceed with the evidence will usually constitute resting. 4. When there are multiple defendants, counsel are responsible for coordination of their cross-examination to avoid duplication. 5. On the first day of trial, be sure to bring the original and clean copies of any deposition(s) for which you are responsible. Any corrections must be readily available. If you are likely to need to use the deposition during a witness examination, then give the Court and the witness a copy with any corrections at the outset of the examination. VI. DEPOSITION DESIGNATION The following procedure applies only to witnesses who appear by deposition. It does not

apply to live witnesses whose depositions are read in while they are on the stand. The following steps should be followed. 1. Deposition testimony should be provided to all other parties at least five calendar days before it will be used in court. For the rare case of voluminous designations, more lead time will be required. Please be reasonable. 2. To designate deposition testimony, photocopy the cover page, the page on which the witness is sworn, and each page from which any testimony is proffered, crossing out any portions of such pages not proffered, as well as objections or colloquy (unless needed to understand the question). Please make sure any corrections are interlineated and that references to exhibit numbers conform to the trial numbers. 3. All other parties must then promptly review and return the packet, highlighting in yellow any passages objected to, and in blue additional passages as needed to cure the completeness objection. Please cross out any irrelevant portions of any additional pages. A completeness objection should normally be made only if a few extra lines will cure the problem. The parties must provide brief explanations for any additions or deletions. They must also return any counter designations at the same time. 4. The parties must meet and confer as reasonable. Counsel for the proffering party must then assemble a final packet, including objections and responses to objections, and provide it to the Court at least two calendar days before the proffer will be used. Ordinarily, argument will not be needed. 5. When the packet is read, the examiner reads the questions (and any relevant colloquy) from the lectern and a colleague sits in the witness stand and reads the answers. When a video-taped deposition is to be played instead, the packets must still be prepared, as above, in order to facilitate rulings on objections. The video should omit any dead time, long pauses, and objections/colloquy not necessary to understand the answers.
VII. REQUESTS FOR ADMISSIONS AND INTERROGATORIES Please designate responses to requests for admissions and interrogatory answers in the

same manner and under the same timetable as depositions. VIII. EXHIBITS 1. Prior to the final pretrial conference, counsel must meet and confer in person over all exhibit numbers and objections and to weed out duplicate exhibits. Please be reasonable. 2. Use numbers only, not letters, for exhibits, preferably the same numbers as were used in depositions. Blocks of numbers should be assigned to fit the need of the case (e.g., Plaintiff has 1 to 100, Defendant A has 101 to 200, Defendant B has 201 to 300, etc.). A single exhibit should be marked only once. If the plaintiff has marked an exhibit, then the defendant should not re-mark it. Different versions of the same document, e.g., a copy with additional handwriting, must be treated as different exhibits. To avoid any party claiming “ownership” of an exhibit, all exhibits shall be marked and referred to as “Trial Exhibit No.
,” not as “Plaintiff’s Exhibit” or “Defendant’s Exhibit.” If an exhibit number differs from that used in a deposition transcript, however, then the latter must be conformed to the new trial number if and when the deposition testimony is used (so as to avoid confusion over exhibit numbers). 3. Bench copy: Deposit your exhibits with the deputy clerk (Lashanda Scott) on the first day of trial. A bench binder containing a copy of each side’s exhibits must be provided to the Court on the first day of trial. Each exhibit must be separated with a label divider. Please use 1-1/2-inch binders with locking rings. (Heavier binders are too hard to handle.)
4. Counsel must consult with each other and with the deputy clerk at the end of each trial day and compare notes as to which exhibits are in evidence and any limitations thereon. If there are any differences, counsel should bring them promptly to the Court’s attention. 5. At the close of evidence, counsel shall jointly provide a revised list of all exhibits actually in evidence (and no others) stating the exhibit number and a brief, non-argumentative description (e.g., letter from A. B. Case to D. E. Frank, dated August 17,1999).

Exhibits offered and admitted during trial shall be filed on the docket within ten days of a trial verdict pursuant to Civil Local Rule 5-1 (g). The parties shall file through the

CM/ECF event “Admitted Exhibits” those exhibits admitted for review by the trier of fact. These exhibits shall be accompanied by a Joint Certification of Counsel that the exhibits are true and correct copies of the exhibits submitted to the trier of fact in the matter. IX. OBJECTIONS Counsel shall stand when making objections. State the legal basis only. Speak up promptly. There can only be one lawyer per witness per party for all purposes, including objections. X. TIME LIMITS

Ordinarily, the Court shall set fixed time limits at the final pretrial conference. All of your examination time (whether direct, cross, re-direct or re-cross) for all witnesses must fit within your time limit and you may allocate it as you wish. Opening and closing time limits shall be separately considered. Counsel must keep track of everyone’s usage. At the end of each day, counsel must confer over the time used and the time remaining for all parties and advise the Court daily. The Court will also try to keep track. XI. SETTLEMENTS AND CONTINUANCES Shortly before trial or a final pretrial conference, counsel occasionally wish jointly to advise the clerk that a settlement has been reached and seek to take the setting off calendar but it turns out later that there was only a settlement “in principle” and disputes remain. Cases, however, cannot be taken off calendar in this manner. Unless and until a stipulated dismissal or judgment is filed or placed on the record, all parties must be prepared to proceed with the final pretrial conference as scheduled and to proceed to trial on the trial date, on pain of dismissal of the case for lack of prosecution or default judgment. Only an advance continuance expressly approved by the Court will release counsel and the parties from their obligation to proceed. If counsel expect that a settlement will be final by the time of trial or the final pretrial conference, they should notify the Court immediately in writing or, if it occurs over the weekend before the

trial or conference, by voice mail to the deputy courtroom clerk. The Court will attempt to confer with counsel as promptly as circumstances permit to determine if a continuance will be in order. Pending such a conference, however, counsel must prepare and make all filings and be prepared to proceed with the trial. XII. CHANGE OF TRIAL DATE Because of scheduling conflicts with other cases on the docket, the Court retains the discretion to change the trial date, either by way of advancement or continuance. In the event the trial date is changed, the parties may seek adjustment of the time limits for compliance with the requirements of this order, which shall be effective only upon Court approval. Dated: July 29, 2925

CHARLES R. BREYER U.S. DISTRICT JUDGE

Judge Breyer's Guidelines for Trial & Final Pretrial Conference in Civil Jury Cases

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/CRB-Civil-JuryTrial-StandingOrder-7-16-2025.pdf]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

GUIDELINES FOR CIVIL JURY TRIALS BEFORE JUDGE CHARLES R. BREYER

I. FINAL PRETRIAL CONFERENCE

A. Witness Lists.

At least 35 calendar days prior to the pre-trial conference, unless otherwise ordered, the parties shall lodge and serve a list of all witnesses likely to be called at trial (including those appearing by deposition), other than solely for impeachment or rebuttal, together with a brief statement following each name describing the substance of the testimony to be given (such a statement is not necessary for witnesses that are plaintiffs/defendants). Parties are to limit their descriptions to non-cumulative testimony. No party shall be permitted to call any witness in its case in chief who is not disclosed in its pretrial statement without leave of court for good cause;

B. Exhibit lists.

At least 35 calendar days prior to the pre-trial conference, unless otherwise ordered, the parties shall lodge and serve separate lists of all documents and other items to be offered as exhibits at the trial, other than solely for impeachment or rebuttal, with a brief statement following each, describing its substance or purpose and the identity of the sponsoring witness;

C. Proposed Juror Questionnaire and Voir Dire Questions.

At least 28 calendar days prior to the date for jury selection, unless otherwise ordered, the parties shall file (1) a joint juror questionnaire, (2) a set of proposed voir dire questions, and (3) a joint simplified statement of the case to be included in the questionnaire and read to the jury during voir dire. These submissions should be supplemented as necessary with separate requests. The Court will only ask jurors questions that are reasonably necessary to ensuring an impartial jury, and will seek to avoid asking questions that may unduly infringe on jurors’ privacy.

D. Motions in Limine.

Except as otherwise ordered, any motions in limine must be filed at least 21 calendar days prior to the pre-trial conference. Any oppositions must be filed at least 14 calendar days prior to the pre-trial conference. Any replies must be filed at least 7 calendar prior to the pre- trial conference. Motions and oppositions may be no more than 7 pages, and replies may be no more than 3 pages. Please limit motions in limine to circumstances that really need a ruling in advance. Usually five or fewer motions per side is sufficient. Each motion should address a single topic. Advance permission is required for more or longer motions.

E. Joint Proposed Pretrial Order.

At least 21 calendar days prior to the pre-trial conference, unless otherwise ordered, the parties shall lodge and serve a joint proposed pre-trial order, signed and vetted by all counsel, containing the following information: 1. Substance of the Action. A brief description of the substance of claims and defenses which remain to be decided; 2. Relief Prayed. A detailed statement of all relief claimed, particularly itemizing all elements of damages claimed; 3. Stipulated Facts. A plain and concise statement of all relevant facts to which the parties will stipulate for incorporation into the trial record without the necessity of supporting testimony or exhibits. The parties shall exercise good faith in stipulating to facts that are not reasonably disputable; 4. Disputed Factual Issues. A list of all factual issues which remain to be tried, stating the issues with the same generality/specificity as any contested elements in the relevant jury instructions, all organized by count; 5. Disputed Legal Issues. Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions.

Trial Alternatives and Options Discussed.

a. Settlement Discussion. A statement summarizing the status of settlement negotiations and indicating whether future negotiations are likely to be productive. b. Consent to Trial before a Magistrate Judge. A statement whether reference of all or part of the action to a master or magistrate judge is feasible, including whether the parties consent to a court or jury trial before a magistrate judge, with a right of appeal directly to the Ninth Circuit. c. Bifurcation, Separate Trial of Issues. A statement of whether bifurcation or a separate trial of specific issues is feasible and desired.

F. Proposed Jury Instructions.

At least 7 calendar days prior to the pre-trial conference in a jury trial, unless otherwise ordered, the parties shall file a a joint set of proposed instructions on substantive issues of law. These should be filed in Microsoft Word format on a CD and via e-mail to crbpo@cand.uscourts.gov, and in hard copies (three-hole punched on the left). Even if stipulated, an instruction must be supported by citation. If disputed, each version of the instruction shall be inserted, along with a brief explanation (no more than one page) of why the party believes the instruction is (or is not) appropriate. The Court generally prefers to use the instruction in the current edition of the Ninth Circuit Manual of Model Jury Instructions. Any deviance from the form instruction must be plainly identified.

G. Proposed Special Verdict Form.

At least 7 calendar days prior to the pre-trial conference in a jury trial, unless otherwise ordered, the parties shall file a joint proposed special verdict form.

H. Trial briefs.

Trial briefs in jury cases are optional and are most helpful to the Court on any controlling issues of law. They must be filed at least 7 days prior to the commencement of trial.

II. PRETRIAL ARRANGEMENTS

A. Ordering transcripts.

Should a daily transcript and/or real-time reporting be desired, the parties shall make arrangements with the Supervisor of Court Reporting Services at Transcripts@cand.uscourts.gov at least ten calendar days prior to the trial date.

B. Courtroom technology.

The Courtroom is set up with equipment that allows evidence presentation. If additional equipment is necessary, the United States Marshal requires a court order to allow equipment into the courthouse. Please work with Lashanda Scott (415-522-2062) on courtroom-layout issues.

III. TRIAL

A. Trial Schedule.

Unless otherwise ordered, trial will be held on every business day from 9 a.m. to 4 with two 15-minute breaks and lunch. Counsel must arrive by 8:45 a.m. or earlier, as needed, for any matters to be heard out of the presence of the jury. Please be prepared to start with the jury at 9 a.m.

B. Juror Selection.

In civil jury cases, there are no alternate jurors. The jury is selected as follows, though the Court may alter this procedure in its discretion: 1. All potential jurors are called and seated in the jury box and courtroom benches in the order their names are drawn from the drum. This placement will now determine their order in the selection process. 2. The Court then conducts its voir dire of the entire panel.

Once this questioning is accomplished, the Court will advise counsel at side- bar which potential jurors it would excuse for cause. This determination is preliminary only.

Counsel are then permitted to conduct limited voir dire of the entire panel.

Once all voir dire is completed, the Court will address all challenges for cause and excuse those potential jurors who have been successfully challenged. The Court will then advise counsel as to the number of jurors who will be seated. 6. After a short recess, each side may exercise its allotment of peremptory challenges. 7. Once the jury selection is completed, the jurors’ names will be read again and they will be seated in the jury box and sworn.

C. Jurors’ Use of Notes

Jurors may take notes. Steno notebooks will be distributed at the beginning of each trial. The pads will remain in the jury room at the end of each day. Jurors will be instructed on the use of notes both in the preliminary and final jury instructions.

D. Opening Statements.

Counsel must cooperate and meet and confer to exchange any visuals, graphics or exhibits to be used in the opening statements, allowing for time to work out objections and any reasonable revisions. Be prepared for opening statements as soon as the jury is sworn.

E. Lay Witnesses.

Pretrial list. A witness not included in the pre-trial list may not be used without good cause. This rule does not apply to true rebuttal witnesses (other than experts). Defense witnesses are normally case-in-chief witnesses, not “rebuttal” witnesses. 2. Communication with opposing party. Throughout the trial, all counsel are entitled to know a firm order of witnesses for the next full court day and the exhibits that will be used on direct examination (other than for impeachment of an adverse witness). All other counsel shall provide any objections to such exhibits and shall provide a list of all exhibits to be used with the same

witness on cross-examination (other than for impeachment). This requires that the first such notice be provided before trial actually begins. 3. Witness availability. Counsel must always have their next witness ready and in the courthouse. Failure to have the next witness ready or to be prepared to proceed with the evidence will usually constitute resting. 4. Multiple defendants. When there are multiple defendants, counsel are responsible for coordination of their cross-examination to avoid duplication.

F. Expert Witnesses.

Scope of testimony. A recurring problem in trials is the problem of expert witnesses trying to go beyond the scope of their expert reports on direct examination. FRCP 26(a)(2) and FRCP 37(c) limit experts to the opinions and bases contained in their timely reports (absent substantial justification or harmlessness). The Court regularly enforces these rules. FRCP 26(a) even requires that any “exhibits to be used as summary of or support for the opinions” be included in the report. Accordingly, at trial, the direct testimony of experts will be limited to the matters disclosed in their reports. Omitted material may not ordinarily be added on direct examination. This means the reports must be complete and sufficiently detailed. Illustrative animations, diagrams, charts and models may be used on direct examination only if they were part to the expert’s report, with the exception of simple drawings and tabulations that plainly illustrate what is already in the report, which can be drawn by the witness at trial or otherwise shown to the jury. If cross- examination fairly “opens the door,” however, an expert may go beyond the written report on cross-examination and/or re-direct examination. By written stipulation, of course, all sides may relax these requirements. 2. Damages studies. As to damages studies, the cut-off date for past damages will be as of the expert report (or such earlier date as the expert may select). In addition, the experts may try to project future damages (i.e., after the cut- off date) if the substantive standards for future damages can be met. With

timely leave of the Court or by written stipulation, experts may update their reports (with supplemental reports) to a date closer to the time of trial. 3. The case management order will already have set out the timetable for expert reports.

G. Depositions

Use of depositions to impeach. Depositions can be used at trial to impeach a witness testifying at trial or, in the case of a party deponent, “for any purpose.” Please adhere to the following procedure: a. On the first day of trial, bring the original and clean copies of any deposition(s) for which you are responsible. Any corrections must be readily available. If you are likely to need to use the deposition during a witness examination, then give the Court a copy with any corrections at the outset of your examination. This will minimize delay between the original question and the read-ins of the impeaching material. Opposing counsel should have their copy immediately available. The first time a deposition is read, the Court will give an appropriate explanation to the jury about how it is to consider depositions. b. When you wish to read in a passage, simply say, for example: “I wish to read in page 210, lines 1 to 10 from the witness’ deposition.” Allow a brief pause for any objection. c. The first time a deposition is read, state the deponent’s name, the date of the deposition, and the name of the lawyer asking the question. If it was a FRCP 30(b)(6) deposition, please say so. d. When reading in the passage, state “question” and then read the question exactly. Then state “answer” and then read the answer exactly. This is necessary so the jury and the court reporter can follow who was talking at the deposition.

e. Please do NOT ask, “Didn’t you say XYZ in your deposition?” The problem with such a question is that the “XYZ” rarely turns out to be exactly what the deponent said. Instead, ask for permission to read in a passage, as above, and read it in exactly, so that the jury can hear what was actually testified to. f. Subject to Rule 403, party depositions may be read by a party opponent whether or not they contradict (and regardless of who the witness is on the stand). For example, a short party deposition excerpt may be used as foundation for questions for a different witness on the stand. g. Rather than reading the passage, counsel are free to play an audiovisual digitized version of the passage, but must be prepared to do so without delay. 2. Deposition designation. The following procedure applies only to witnesses who appear by deposition. It does not apply to live witnesses whose depositions are read in while they are on the stand. The following steps should be followed. a. Deposition testimony should be provided to all other parties at least five calendar days before it will be used in court. For the rare case of voluminous designations, more lead time will be required. Please be reasonable. b. To designate deposition testimony, photocopy the cover page, the page on which the witness is sworn, and each page from which any testimony is proffered, crossing out any portions of such pages not proffered, as well as objections or colloquy (unless needed to understand the question). Please make sure any corrections are interlineated and that references to exhibit numbers conform to the trial numbers. c. All other parties must then promptly review and return the packet, highlighting in yellow any passages objected to, and in blue additional

passages as needed to cure the completeness objection. Please cross out any irrelevant portions of any additional pages. A completeness objection should normally be made only if a few extra lines will cure the problem. The parties must provide brief explanations for any additions or deletions. They must also return any counter designations at the same time. d. The parties must meet and confer as reasonable. Counsel for the proffering party must then assemble a final packet, including objections and responses to objections, and provide it to the Court at least two calendar days before the proffer will be used. Ordinarily, argument will not be needed. e. When the packet is read to the jury, the examiner reads the questions (and any relevant colloquy) from the lectern and a colleague sits in the witness stand and reads the answers. When a video-taped deposition is to be played instead, the packets must still be prepared, as above, in order to facilitate rulings on objections. The video should omit any dead time, long pauses, and objections/colloquy not necessary to understand the answers.

H. Requests for Admissions and Interrogatories.

Please designate responses to requests for admissions and interrogatory answers in the same manner and under the same timetable as depositions.

I. Exhibits.

Meet and confer. Prior to the final pretrial conference, counsel must meet and confer in person over all exhibit numbers and objections and to weed out duplicate exhibits. Please be reasonable. 2. Numbering. Use numbers only, not letters, for exhibits, preferably the same numbers as were used in depositions. Blocks of numbers should be assigned to fit the need of the case (e.g., Plaintiff has 1 to 100, Defendant A has 101 to

200, Defendant B has 201 to 300, etc.). A single exhibit should be marked only once. If the plaintiff has marked an exhibit, then the defendant should not re-mark it. Different versions of the same document, e.g., a copy with additional handwriting, must be treated as different exhibits. To avoid any party claiming “ownership” of an exhibit, all exhibits shall be marked and referred to as “Trial Exhibit No.
,” not as “Plaintiff’s Exhibit” or “Defendant’s Exhibit.” If an exhibit number differs from that used in a deposition transcript, however, then the latter must be conformed to the new trial number if and when the deposition testimony is read to the jury (so as to avoid confusion over exhibit numbers). The jury should always hear any given exhibit referred to by its unique number. You cannot have competing versions of the same exhibit numbers. 3. Exhibit tags. Exhibits must be labeled in the lower right-hand corner with the exhibit number in a prominent, bold typeface. 4. Bench copy: Deposit your exhibits with the deputy clerk (Lashanda Scott) on the first day of trial. A bench binder containing a copy of each side’s exhibits must be provided to the Court on the first day of trial. Each exhibit must be separated with a label divider. Please use 1-1/2-inch binders with locking rings. (Heavier binders are too hard to handle.)
5. Checking admitted evidence. At the end of each trial day and again immediately before the case goes to the jury, counsel are required to consult with each other and with the deputy clerk and as to which exhibits are in evidence and any limitations thereon. If there are discrepancies between the evidence that the Court has admitted and the evidence that has been placed in the binder, counsel must bring them promptly to the Court’s attention. Counsel may, but are not required to, jointly provide a revised list of all exhibits actually in evidence (and no others) stating the exhibit number and a brief, non-argumentative description (e.g., letter from A to B, dated August 17, 1999). This list may go into the jury room to help the jury sort through exhibits.

J. Objections.

There may only be one lawyer per witness per party for all purposes, including objections. Counsel shall stand when making objections and succinctly state the legal basis only. Speak up promptly. Side bar conferences are discouraged. The procedure described above should eliminate the need for most side bars. To maximize jury time, counsel must alert the Court in advance of any problems that will require discussion outside the presence of the jury, so that the conference can be held before court begins or after the jury leaves for the day.

K. Time Limits.

Ordinarily, the Court shall set fixed time limits at the final pretrial conference. All of your examination time (whether direct, cross, re-direct or re-cross) for all witnesses must fit within your time limit and you may allocate it as you wish. Opening and closing time limits shall be separately considered. Counsel must keep track of everyone’s usage. At the end of each day, counsel must confer over the time used and the time remaining for all parties and advise the

Court daily. The Court will also try to keep track. The time taken at a side bar or on objections will still be charged to the examining party unless otherwise ordered.

L. Settlements and Continuances. 1. Advising the Court.

Shortly before trial or a final pretrial conference, counsel occasionally wish jointly to advise the clerk that a settlement has been reached and seek to take the setting off calendar but it turns out later that there was only a settlement “in principle” and disputes remain. Cases, however, cannot be taken off calendar in this manner. Unless and until a stipulated dismissal or judgment is filed or placed on the record, all parties must be prepared to proceed with the final pretrial conference as scheduled and to proceed to trial on the trial date, on pain of dismissal of the case for lack of prosecution or entry of default judgment. Only an advance continuance expressly approved by the Court will release counsel and the parties from their obligation to proceed. If the parties expect that a settlement will be final by the time of trial or the final pretrial conference, they should notify the Court immediately. The Court will attempt to confer with counsel as promptly as circumstances permit to determine if a continuance is in order. Pending such a conference, however, counsel must prepare and make all filings and be prepared to proceed with the trial. 2. Sanctions and costs.

Local rule 40-1 provides that jury costs may be assessed as sanctions for failure to provide the Court with timely written notice of a settlement.

M. Change of trial date. Because of scheduling conflicts with other cases on the docket, the Court retains the discretion to change the trial date, either by way of advancement or continuance. In the event the trial date is changed, the parties may seek an adjustment of the time limits for compliance with the requirements of this order, which shall be effective only upon Court approval. IT IS SO ORDERED.

Dated: July 29, 2025

CHARLES R. BREYER UNITED STATES DISTRICT JUDGE

Judge Breyer's Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/General-Standing-Order-Judge-Charles-R.-Breyer-rev-7-16-2025.pdf]

United States District Court Northern District of California IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

GENERAL STANDING ORDER FOR CIVIL AND CRIMINAL CASES BEFORE JUDGE CHARLES R. BREYER

I. RULES APPLICABLE TO ALL CASES A. Conformity to rules. Parties shall follow the Federal Rules, the Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court's Standing Orders. B. Scheduling 1. Criminal calendar is generally conducted on Wednesdays at 10:00 a.m. for sentencing and 1:30 p.m. for all other matters. 2. Civil law and motion calendar is generally conducted on Fridays at 10:00 a.m. 3. Case management conferences are generally conducted on Fridays at 8:30 a.m. 4. Pretrial conferences are generally conducted at 2:00 p.m. on days determined by the Court. 5. For all hearing and conferences, order of call is determined by the Court. 6. Counsel need not reserve a hearing date for motions. However, counsel is advised to check the Court website scheduling notes for unavailable dates. Noticed dates may be reset as the Court’s calendar requires. 7. No changes in the Court’s schedule shall be made except by signed order of the Court and upon a showing of good cause. Parties seeking to continue hearings, request special status conferences, modify

United States District Court Northern District of California briefing schedules, or make other procedural changes shall submit a signed stipulation and proposed order, or, if stipulation is not possible, an ex parte application in writing. C. Motion practice. 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. Briefs exceeding10 pages in length must contain an additional summary of argument, including reference to any important cases cited.
Summary judgment memoranda may not exceed 25 pages. Each party is limited to filing one summary judgment motion. Any party wishing to exceed this limit must request leave of the Court and must show good cause.
Counsel shall submit a proposed form of order with all motion and opposition papers. D. Less-experienced attorneys and attorneys from underrepresented groups. 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.
Opportunities to train young attorneys and attorneys from underrepresented groups in oral advocacy are rare because of the decline of trials. Where such lawyers are familiar with the matter under consideration, but have little experience arguing before a court, they should be encouraged to speak by the law firms involved in the case. 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. 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.

United States District Court Northern District of California E. 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” (case number, docket number, date, and ECF page number) along the top of the page. All exhibits shall be clearly delineated with tabs along the right side (e.g., “1”, “2”, “3”). If the filing includes exhibits over three inches thick, the parties shall place the chambers copy in a binder. The Court prefers double-sided printing for voluminous chambers copies of exhibits, if possible. F. Filing under seal. Parties are reminded that court proceedings are presumptively public, and no document shall be filed under seal without request for a court order that is narrowly tailored to cover only the document, the particular portion of the document, or category of documents which meet the applicable legal standard for sealing. To the extent that filings include under seal materials, chambers copies should include all material—both redacted and unredacted—so that the chambers staff does not have to re- assemble the whole brief or declaration, although chambers copies should clearly delineate which portions are confidential (via highlighting). G. Protective orders. If parties believe that a protective order is necessary, they shall, where practicable, use one of the model stipulated protective orders (available at http://cand.uscourts.gov/stipprotectorder). If the parties’ proposed protective offer differs materially from the model protective order, the parties shall file a statement explaining each modification to the model order, along with a redline version comparing the proposed protective order with the model order.

United States District Court Northern District of California

II. RULES APPLICABLE ONLY TO CIVIL CASES A. Motions to compel discovery are referred to a Magistrate Judge for assignment. Therefore, counsel are required to file a notice of discovery disputes to initiate a referral in lieu of filing discovery motions before this Court. B. Amended pleadings. If a party files an amended pleading, it shall concurrently file a redlined version comparing the amended pleading to the prior operative pleading. C. Unrepresented (pro se) parties. Parties representing themselves should visit https://www.cand.uscourts.gov/pro-se. The page discusses the Court’s “Legal Help Center,” which provides free assistance at the San Francisco, Oakland, and San Jose courthouses for unrepresented parties. It also links to the Court’s Pro Se Handbook. Parties may visit the Legal Help Centers at the San Francisco and Oakland courthouses, or call (415)-782-8982 to make an appointment. D. Case management conferences. The attorney appearing at a case management conference need not be lead counsel, but must have full authority to make decisions about any issue that may come up during the conference, including trial dates.

III. SPECIAL RULES FOR 11(C)(1)(B) PLEA AGREEMENTS Plea agreements pursuant to Federal Rule of Criminal Procedure 11(c)(1)(B) must include the following: 1.
If the agreement includes a Sentencing Guidelines calculation, then it must also state that the parties agree that the adjusted offense level results in a Guidelines range of ___ to ___ months depending on the defendant’s Criminal History Category. 2.
If the agreement includes a waiver of appellate rights, it must also reserve the

United States District Court Northern District of California defendant’s right to appeal the judgment of the Court as it pertains to any alleged error in sentencing as well as any claim to ineffective assistance of counsel.

IT IS SO ORDERED. Dated: July 17, 2025

/s/

CHARLES R. BREYER United States District Judge

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