judge console · N.D. Cal.
N.D. Cal. · Judge Chen · Practice Guide

Hon. Edward M. Chen

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

Before You File
Ex parte applications
🏛 N.D. Cal. local rule

Permitted only if statute, Federal Rule, local rule, or standing order authorizes; cite authority in motion Civ. L.R. 7-10 ↗

👤 Judge Chen — standing order

Parties shall not attempt to make ex parte contact with the Judge or his chambers staff by telephone, facsimile, or any other means but may contact the Courtroom Deputy Clerk, Vicky Ayala, at (415) 522-2034, or email at emccrd@cand.uscourts.gov, with appropriate inquiries (e.g., scheduling inquiries). With the exception of discovery disputes (see the Civil Standing Orders on Discovery), or unless expressly permitted by the Court, parties shall not submit letters to the Court, and any communication with the Court must be in pleading form, including but not limited to status reports, requests for continuances, and requests for telephonic appearances.

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

25 pages maximum (motion must be in one document not exceeding 25 pages) Civ. L.R. 7-2(b) ↗

Opposition

25 pages maximum Civ. L.R. 7-4(b) ↗

Reply

15 pages maximum Civ. L.R. 7-4(b) ↗

Filing & Scheduling
Briefing schedule & hearing date
🏛 N.D. Cal. local rule
Notice period

35 days after filing (FRCP 6(d) mail-service extension expressly excluded) Civ. L.R. 7-2(a) ↗

Hearing days

Judge's individual law and motion calendar; no district-wide standard hearing day Civ. L.R. 7-2(a) ↗

👤 Judge Chen — standing order
Hearing days

Civil law-and-motion calendar is conducted on Thursdays at 1:30 p.m. Order of call is to be determined by the Court. ... Although the Court generally hears civil motions by Zoom, if an attorney with five (5) or fewer years of experience requests, the Court will consider holding a live, in-person hearing.

Chambers / courtesy copies
👤 Judge Chen — standing order
Details

Chamber hard copies are not required except when (1) the Court expressly asks the parties to provide hard copies or (2) the parties are making filings for: (a) a Final Pretrial Conference; (b) a Claim Construction hearing; or (c) summary judgment proceedings. For hard copies, (1) all documents must be three-hole punched on the left-hand side; and (2) exhibits to declarations must be tabbed. If electronically filed, declarations containing exhibits must be bookmarked (i.e., if the declaration makes reference to an exhibit, the declaration must contain a hyperlink to the corresponding exhibit; declarations and exhibits to be filed as a single PDF). The foregoing applies regardless of page length.

Proposed orders
🏛 N.D. Cal. local rule

PDF attached to motion; Word format emailed to assigned judge's chambers address Civ. L.R. 5-1(f) ↗

👤 Judge Chen — standing order

Each party filing or opposing a motion shall also serve a proposed order that sets forth the relief or action sought and a short statement of the rationale of decision. The proposed order should be filed at the same time as the motion or opposition.

The Hearing
Oral argument
🏛 N.D. Cal. local rule

Court may decide without oral argument or by telephone at judge's discretion Civ. L.R. 7-1(b) ↗

Remote appearances
👤 Judge Chen — standing order

Although the Court generally hears civil motions by Zoom, if an attorney with five (5) or fewer years of experience requests, the Court will consider holding a live, in-person hearing.

Continuances & calendar conflicts
👤 Judge Chen — standing order

No changes to the Court's schedule shall be made except by order of the Court. Parties seeking to continue hearings, request special status conferences, modify briefing schedules, or make any other procedural changes shall submit a signed stipulation and proposed order or, if stipulation is not possible, a motion for administrative relief. See Civ. L.R. 7-11. ... Continuances will be granted only upon a showing of good cause, with a particular focus on diligence by the party seeking the continuance and prejudice that may result if the continuance is denied.

Discovery
Discovery referral procedure
🏛 N.D. Cal. local rule

Magistrate judges authorized for all non-dispositive pretrial matters including discovery Civ. L.R. 72-1 ↗

👤 Judge Chen — standing order

These Standing Orders apply only to cases in which discovery is supervised by this Court rather than the magistrate judge. The Court, at its discretion, may elect to transfer discovery matters to a magistrate judge or a special master.

Know Before You Go
👤 Judge Chen — deviations that burn people
  • Discovery supervision is discretionary -- the Court may keep discovery or transfer to a magistrate; do not assume assignment to magistrate until the Court rules.
  • When discovery is before Judge Chen, responses to document requests must affirmatively state the full extent of production AND confirm in writing after production is complete -- two separate obligations.
  • Deposition objections: speaking objections and coaching objections are prohibited; instructions not to answer are limited to privilege, court-ordered limitations, or FRCP 30(d)(3) motions.
  • Pretrial meet-and-confer is required 42 days before final pretrial conference -- an earlier and harder deadline than many judges.
  • One summary judgment motion per side absent leave of Court -- separate statements of undisputed facts will not be considered.
  • Chambers hard copies are the exception, not the default -- required only for a Final Pretrial Conference, Claim Construction hearing, or summary judgment filings, or if the Court specifically asks.
  • No letters to the Court outside discovery disputes -- all communications, even status reports and continuance requests, must be in pleading form.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
Get updates on Judge Chen's procedures
Standing order changes, new key traps, and C.D. Cal. practice intelligence.