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

Hon. James Donato

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 ↗

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) ↗

👤 Judge Donato — standing order
Motion

Except for summary judgment and class certification motions, opening and opposition briefs may not exceed 15 pages, and reply briefs may not exceed 10 pages. For summary judgment and class certification motions, opening and opposition briefs may not exceed 25 pages, and reply briefs may not exceed 15 pages.

Opposition

Except for summary judgment and class certification motions, opening and opposition briefs may not exceed 15 pages, and reply briefs may not exceed 10 pages. For summary judgment and class certification motions, opening and opposition briefs may not exceed 25 pages, and reply briefs may not exceed 15 pages.

Reply

Except for summary judgment and class certification motions, opening and opposition briefs may not exceed 15 pages, and reply briefs may not exceed 10 pages. For summary judgment and class certification motions, opening and opposition briefs may not exceed 25 pages, and reply briefs may not exceed 15 pages.

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 Donato — standing order
Hearing days

Civil case management conferences are held on Thursdays at 10:00 a.m. in Courtroom 11, 19th Floor, United States Courthouse, 450 Golden Gate Avenue, San Francisco, California.

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) ↗

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) ↗

👤 Judge Donato — standing order
Default practice

Telephonic appearances are rarely permitted at case management conferences or motion hearings, except in exceptional circumstances and with the Court's prior approval issued at least three court days before the appearance date.

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 Donato — standing order

Counsel are required to read and comply with this order, this Court's Standing Orders for Discovery in Civil Cases and Civil Jury Trials, and the Northern District's Civil Local Rules.

Know Before You Go
👤 Judge Donato — deviations that burn people
  • Trial date is assigned at the initial CMC and will not be moved absent good cause -- counsel must be prepared to commit to a realistic schedule at the very first conference.
  • Budget no more than 18 months from initial CMC to trial -- longer requests must be justified at the CMC.
  • Telephonic/remote appearances at CMCs and motion hearings are rare and require prior Court approval at least three court days in advance -- do not assume remote is available.
  • Lead counsel must appear at the CMC with authority to enter stipulations and make admissions; failure to appear by lead counsel may result in sanctions.
  • Separate discovery standing orders exist -- the main civil standing order does not contain discovery procedures.
  • Default page limits are shorter than the local rules: opening/opposition briefs capped at 15 pages, replies at 10 pages -- not the Civ. L.R. 25/25/15 default. Only SJ and class certification motions get the longer 25/25/15 limits.
  • Reply papers may not raise new points that could have been addressed in the opening brief, and sur-replies are not permitted (Civ. L.R. 7-3(d)).
  • All case citations and factual representations must be completely accurate -- misrepresentations of law or fact (including misleading ellipses) may result in sanctions and referral to the Standing Committee on Professional Conduct.
  • Do not send letters to chambers except for discovery disputes; do not messenger documents directly to chambers -- direct deliveries to the Clerk's Office only.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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