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Procedures verified June 20, 2026

Judge Beth Labson Freeman — United States District Court, Northern District of California

District Judge

Practice notes for litigators appearing before Judge Freeman in the N.D. Cal.. Sourced from the judge's individual rules, standing orders, and chambers procedures published by the court.

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Individual Practices


Standing Orders — Inline Excerpts

1. ECF Filing Stamp

Chambers copies shall be generated from ECF after electronic filing so that they bear the ECF filing information along the top of the page: case number, document number, and filing date.

2. Format

In general, chambers copies must be single-sided (printed on only one side of the page), 2-hole punched at the top, and stapled or fastened with metal prongs. However, chambers copies of exhibits that are more than six inches thick must be placed in binders, and chambers copies submitted in connection with a Final Pretrial Conference must be 3-hole punched on the left side. Whether or not in binders, chambers copies must include numbered bottom tabs (not side tabs) between exhibits. Each chambers copy shall be marked “Chambers Copy” and shall be submitted to the Clerk’s Office in an envelope marked with the case number and with the words “Chambers Copy” and “Judge Beth Labson Freeman.”

3. Sealed Documents

When all or a portion of a filing has been sealed, the chambers copy of that filing shall contain a complete set of unredacted briefs and exhibits (and no redacted briefs or exhibits). Chambers copies must indicate via yellow highlighting which portions of the documents are sealed. Highlighting in colors other than yellow will result in the document being stricken.

4. Deposition Transcripts

Deposition transcripts submitted to the Court must be in single-page format. Transcripts in 4-in-1 format, in which 4 pages of the deposition transcript are reduced to fit on a single document page, will be disregarded.

Delivery Address

Robert F. Peckham Federal Building & United States Courthouse Office of the Clerk 280 South 1st Street San Jose, CA 95113

Judge Freeman's Standing Order for Civil Bench Trials

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/BLF-Standing-Order-re-Civil-Bench-Trials-Rev-Sept-9-2024.pdf]

Standing Order Re Civil Bench Trials Rev. 9/9/2024

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

STANDING ORDER RE CIVIL BENCH TRIALS JUDGE BETH LABSON FREEMAN

I. MEET AND CONFER

At least 21 days before the final Pretrial Conference, lead counsel who will try the case shall meet and confer with respect to:

(1) Settlement of the Case; (2) Preparation of the Joint Pretrial Statement and Order; (3) Preparation and exchange of pretrial materials to be filed pursuant to Federal Rule

of Civil Procedure 26(a)(3); and (4) Clarification and narrowing of the contested issues for trial.

II. JOINT PRETRIAL STATEMENT AND ORDER

At least 14 days before the final Pretrial Conference, unless otherwise ordered, the parties shall file a Joint Pretrial Statement and Order containing the following information:

A. The Action

The Parties

A list of the parties who have been served and have appeared. Any parties not identified in the Joint Pretrial Statement and Order will be deemed to have been dismissed.

Substance of the Action

A concise statement identifying the claims and defenses that remain to be decided; the elements of each claim and defense; and the pleading in which each claim and defense is pled. Parties will be precluded from presenting claims or defenses not set forth in the Joint Pretrial Statement and Order.

Relief Sought

A statement of all relief sought, itemizing all elements of damages claimed.

Federal Jurisdiction and Venue

A statement of the bases for federal jurisdiction and venue.

Standing Order Re Civil Bench Trials Rev. 9/9/2024

B. Factual Basis of the Action

Undisputed Facts

A concise statement of all facts that may be incorporated into the trial record by stipulation of the parties.

Disputed Facts

A concise statement of all disputed facts to be litigated at trial.

C. Disputed Legal Issues

A concise statement of each disputed point of law, citing relevant statutes and decisions.

D. Estimate of Trial Time

An estimate of the total number of hours or days needed for trial.

E. Trial Alternatives and Options

Settlement Discussion

A statement summarizing the status of the settlement negotiations and indicating whether further negotiations are likely to be productive.

Amendments or Dismissals

A statement of proposed amendments to the pleadings or dismissals of parties, claims, or defenses.

Bifurcation or Separate Trial of Issues

A statement whether bifurcation or a separate trial of specific issues is feasible and desired.

F. Binding Effect of the Joint Pretrial Statement and Order

The Joint Pretrial Statement and Order shall recite, directly above the signature lines of the parties, the following:

The foregoing admissions having been made by the parties, and the parties having specified the foregoing issues of fact and law remaining to be litigated, this order shall supplement the pleadings and govern the course of trial of this action, unless modified to prevent manifest injustice.

Standing Order Re Civil Bench Trials Rev. 9/9/2024

Date and signature lines for the Court shall appear immediately following the signature lines of the parties.

III. PREPARATION FOR TRIAL

A. Witnesses

Appendix

The following information shall be provided as an appendix to the Joint Pretrial Statement and Order. For each party, a list of all witnesses likely to be called at trial, including those appearing by deposition. For each witness, there should be a short statement of the substance of his or her testimony and an estimate regarding the length of testimony (including direct and cross-examination). If the witness is an expert witness, please state the expert’s theories and conclusions and the bases therefor. Attach the expert’s curriculum vitae and report (if any).

Consequences of Nondisclosure

No party shall be permitted to call a witness in its case in chief who is not disclosed in the Joint Pretrial Statement and Order without leave of the Court for good cause shown.

B. Exhibits

Appendix

The following information shall be provided as an appendix to the Joint Pretrial Statement and Order. A joint list of exhibits, discovery responses, and deposition excerpts to be offered at trial, in tabular form with (a) a column identifying the exhibit number consistent with the pre- marking requirement below; (b) a column briefly describing the exhibit; (c) a column describing the purpose for which the exhibit is offered and identifying its sponsoring witness; (d) a column stating any objections to the exhibit; and (e) a column responding to the objections. The Court will not rule on these objections before trial and any remaining objections must be asserted at trial. Before this list is filed with the Court, counsel shall meet and confer, in person, to consider exhibit numbers, eliminate duplicate exhibits and confusion over exhibits, and make a good faith effort to stipulate to admissibility. If stipulation is not possible, the parties shall make every effort to stipulate to authenticity and foundation absent a legitimate (not tactical) objection.

Standing Order Re Civil Bench Trials Rev. 9/9/2024

Pre-Marked

All exhibits shall be pre-marked for identification with numbers (not letters) by means of exhibit tags affixed to the back of the last page of each exhibit. Sample tags are attached hereto.

Delivery to Court

Unless otherwise ordered, on the Thursday before commencement of trial, the parties shall deliver to Tiffany Salinas-Harwell, Courtroom Deputy to Judge Freeman, 1 original set of exhibits and 1 complete copy of the original set. The copy set of exhibits need not be tagged, but the exhibits contained therein must be labeled clearly. Both sets of exhibits – the original and the copy – shall be in three-ring binders with the exhibits separated by tabs denoting the exhibit numbers.

Consequences of Nondisclosure

No party shall be permitted to offer any exhibit at trial that is not disclosed in the Joint Pretrial Statement and Order without leave of the Court for good cause shown, unless it is offered solely for impeachment or rebuttal.

C. Motions in Limine

Timing

Unless otherwise ordered, the parties shall file and serve any motions in limine at least 14 days before the final Pretrial Conference, and any opposition thereto at least 7 days before the final Pretrial Conference. Reply briefs are not permitted.
The Court will hear argument on motions in limine at the final Pretrial Conference.

Contents

Each motion shall be presented in a separate document and shall be numbered as, for example, “Plaintiff’s Motion in Limine No. 1 to Exclude. . . .” Each side is limited to 5 motions in limine. Each motion in limine is limited to 5 pages and may address only one issue. If a party raises a Daubert motion as a motion in limine, the party must file a separate motion for each expert to which the party raises a Daubert challenge. Each Daubert motion is included in the 5 motion maximum for motions in limine.

Standing Order Re Civil Bench Trials Rev. 9/9/2024

D. Proposed Findings of Fact and Conclusions of Law

At least 7 days before the final Pretrial Conference, each party shall file and serve proposed findings of fact and conclusions of law. The findings of fact shall set forth in simple declarative sentences, separately numbered, all factual contentions relied upon by a party in support of its claims or defenses and shall be free of pejorative language and argument. Conclusions of law shall be supported by appropriate citation to legal authority. The proposed findings of fact and conclusions of law shall be submitted in hard copy as well as in word processing format via e-mail to BLFpo@cand.uscourts.gov.

E. Trial Briefs

Each party shall submit a trial brief, not to exceed 15 pages, at least 7 days before commencement of trial. A trial brief is most helpful to the Court when it summarizes the party’s theory of the case, identifies key evidence, and provides summary briefing on any controlling issues of law.

F. Stipulations

A statement of proposed stipulations that will expedite the presentation of evidence. Any stipulations submitted before or during trial shall be in writing and signed by all parties.

G. Time Limits

Ordinarily, the Court will set fixed trial time limits at the final Pretrial Conference. Each party may allocate its time as it wishes, but all of a party’s examination time (whether direct, cross, re-direct, or re-cross) for all witnesses must fit within its time limit. Opening and closing time limits are in addition to examination time.

IV. TRIAL SCHEDULE

Trial is conducted on Mondays, Wednesdays, and Fridays from 9:00 a.m. to 5:00 p.m. and on Tuesdays from 10:00 a.m. to 5:00 p.m. Thursdays typically are dark.

V. MISCELLANEOUS

A. 12-Point Type and Double-Spaced

All written text, including footnotes and quotations, shall be no less than 12-point type and shall be double-spaced.

Standing Order Re Civil Bench Trials Rev. 9/9/2024

B. Footnotes

Footnotes shall be no less than 12-point type and shall be double-spaced.
Footnotes shall not be used to cite to legal authorities or evidence. All citations to legal authorities or evidence shall be in the body of the brief. Excessive footnotes will be disregarded.

Dated: September 9, 2024

BETH LABSON FREEMAN United States District Judge

Standing Order Re Civil Bench Trials Rev. 9/9/2024

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case No:
Joint / Plaintiff / Defendant Exh. No.:
Date Admitted: By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case No:
Joint / Plaintiff / Defendant Exh. No.:
Date Admitted: By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case No:
Joint / Plaintiff / Defendant Exh. No.:
Date Admitted: By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case No:
Joint / Plaintiff / Defendant Exh. No.:
Date Admitted: By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case No:
Joint / Plaintiff / Defendant Exh. No.:
Date Admitted: By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case No:
Joint / Plaintiff / Defendant Exh. No.:
Date Admitted: By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case No:
Joint / Plaintiff / Defendant Exh. No.:
Date Admitted: By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case No:
Joint / Plaintiff / Defendant Exh. No.:
Date Admitted: By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case No:
Joint / Plaintiff / Defendant Exh. No.:
Date Admitted: By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case No:
Joint / Plaintiff / Defendant Exh. No.:
Date Admitted: By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case No:
Joint / Plaintiff / Defendant Exh. No.:
Date Admitted: By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case No:
Joint / Plaintiff / Defendant Exh. No.:
Date Admitted: By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case No:
Joint / Plaintiff / Defendant Exh. No.:
Date Admitted: By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case No:
Joint / Plaintiff / Defendant Exh. No.:
Date Admitted: By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case No:
Joint / Plaintiff / Defendant Exh. No.:
Date Admitted: By: Tiffany Salinas-Harwell, Deputy Clerk

Judge Freeman's Standing Order for Civil Cases

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/BLF-Standing-Order-Re-Civil-Cases-Rev-Oct-7-2024-1.pdf]

Standing Order Re Civil Cases Rev. 9/9/2024

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

STANDING ORDER RE CIVIL CASES JUDGE BETH LABSON FREEMAN

I. CONFORMITY TO RULES

Parties and counsel shall comply with the Federal Rules of Civil Procedure, the Civil Local Rules, the General Orders of the Northern District of California, and this Court’s standing orders, all of which are available at http://www.cand.uscourts.gov. Failure to comply with any of these rules or orders may be grounds for monetary sanctions, dismissal, entry of default judgment, or other appropriate sanctions.

II. COMMUNICATION WITH THE COURT

Parties and counsel shall not communicate ex parte with Judge Freeman or her chambers staff. Parties and counsel may contact Judge Freeman’s Courtroom Deputy Clerk, Tiffany Salinas-Harwell, at 408-535-5381 or BLFCRD@cand.uscourts.gov with inquiries regarding scheduling or other appropriate matters.

III. SCHEDULING

A. Civil Motions

Civil motions are heard by reservation only on Thursdays at 9:00 a.m. Hearing dates may be reserved by contacting Judge Freeman’s Courtroom Deputy Clerk, Tiffany Salinas-Harwell, at 408-535-5381 or BLFCRD@cand.uscourts.gov.
When reserving a hearing date, the attorney or party must inform Ms. Salinas- Harwell of the number and type(s) of motions to be filed. Once a hearing date is reserved, the motion(s) shall be filed within 14 days thereafter. If no motion has been filed by the 15th day, the reservation will expire and the moving party must obtain a new reservation before filing the motion(s).

B. Case Management Conferences

Case Management Conferences are heard on Thursdays at 11:00 a.m. via Zoom Webinar. A joint Case Management Statement shall be filed at least 7 days before each Case Management Conference. The joint Case Management Statement shall comply with the “Standing Order for All Judges of the Northern District of California – Contents of Joint Case Management Statement” and Civil Local Rule 16-9.

Standing Order Re Civil Cases Rev. 9/9/2024

C. Final Pretrial Conferences

Final Pretrial Conferences are heard on Thursdays at 1:30 p.m.
A joint Pretrial Statement and Order shall be filed at least 14 days before the final Pretrial Conference in compliance with Judge Freeman’s Standing Order Re Civil Jury Trials or Standing Order re Civil Bench Trials, whichever is applicable.

D. Trials

Trial is conducted on Mondays, Wednesdays, and Fridays from 9:00 a.m. to 5:00 p.m. and on Tuesdays from 10:00 a.m. to 5:00 p.m. Thursdays typically are dark.

IV. MOTIONS

A. Page Limits

25 pages; 25 pages; 15 pages

Absent leave of Court, the page limits for the following types of motions and proceedings shall be 25 pages for the motion or opening brief, 25 pages for the opposition or response brief, and 15 pages for the reply brief:
motions brought under Federal Rules of Civil Procedure 12, 23, 56, 59, or 65; motions for judgment on the pleadings; motions for certification of a collective action under the Fair Labor Standards Act; motions brought under California’s anti-SLAPP statute; social security appeals; and claim construction briefing. Parties shall comply with Civil Local Rule 7-2(b), requiring that within the 25-page limit the moving party shall include the notice of motion, a concise statement of relief requested, and points and authorities supporting the motion.

Daubert Motions

Daubert motions may not exceed 10 pages per expert, and each side is limited to a total of 25 pages for Daubert motions. The parties are responsible for scheduling Daubert hearings at least 60 days before trial.
Alternatively, parties may include Daubert motions in their final pretrial motions in limine. Each side is limited to 5 motions in limine of 5 pages each. If a Daubert motion is presented as a motion in limine, only one expert may be addressed per motion in limine.

Post-Trial Motions

Each side is limited to a total of 25 pages for all post-trial motions, which must be presented in a single brief.

Standing Order Re Civil Cases Rev. 9/9/2024

10 pages; 10 pages; 5 pages

Absent leave of Court, the page limits for all other types of motions and proceedings, except for those addressed above or those as to which specific page limits are set forth in the Civil Local Rules or the Court’s Standing Orders, shall be 10 pages for the motion or opening brief, 10 pages for the opposition or response brief, and 5 pages for the reply brief.
Motions subject to the 10-page limit include, but are not limited to:
motions to remand; motions to compel arbitration; motions for leave to amend; motions for stay; motions for default judgment; motions for sanctions; motions for attorneys’ fees; and motions for interlocutory appeal.

Joinder

If a party files its own motion and joins in another party’s motion, both the party’s own motion and the joined motion will count toward the party’s page limits. Excess pages will not be considered by the Court.

Multiple Parties per Side

The page limits stated above are per side, not per party. For example, if multiple plaintiffs or multiple defendants seek summary judgment, the moving parties may jointly file a single motion for summary judgment that does not exceed 25 pages, or the moving parties may file separate motions for summary judgment that do not exceed 25 pages collectively.
Opposition and reply briefs are subject to the corresponding collective page limits.

Miscellaneous

These page limits are maximums, not minimums – counsel and parties are encouraged to be concise. Title pages, tables of contents, indexes of cases, and exhibits are not included in these page limits. However, the notice of motion is included in the page limits, as set forth in Civil Local Rule 7-2.

B. Briefing Schedule

The parties may stipulate to and request Court approval of a briefing schedule that differs from that set forth in the Civil Local Rules. Under no circumstances may the reply (or other final brief) be filed less than 14 days before the hearing.
Where possible, the Court prefers 21 days.

Standing Order Re Civil Cases Rev. 9/9/2024

C. Hearing

The filing party is responsible for reserving a hearing date for each motion filed.
Currently, the Court is setting hearings approximately 5 months out. Daubert motions must be set for hearing at least 60 days before trial. Summary judgment motions must be set for hearing at least 90 days before trial.

D. Incorporation by Reference Not Permitted

All factual and legal bases for a party’s position with respect to a motion must be presented in the briefing on that motion. Arguments presented in other briefs or documents may not be incorporated by reference, except where multiple parties are sharing page limits pursuant to Section IV.A.6 herein, in which case they may incorporate by reference only portions of the current briefing before the Court.

E. 12-Point Type and Double-Spaced

All written text, including footnotes and quotations, shall be no less than 12-point type and shall be double-spaced.

F. Footnotes

Footnotes shall be no less than 12-point type and shall be double-spaced.
Footnotes shall not be used to cite to legal authorities or evidence. All citations to legal authorities or evidence shall be in the body of the brief. Excessive footnotes will be disregarded. In general, no more than 5 footnotes per brief should be necessary.

G. Request for Judicial Notice

A request for judicial notice may be made within the body of a brief or filed as a document separate from the brief. Exhibits containing documents as to which judicial notice is requested will not be counted against the requesting party’s page limits. Whether the request for judicial notice is incorporated into a brief or filed separately, written argument in support of the request will be counted against the page limits for the brief to which it relates. Any response to the request for judicial notice shall be incorporated into the brief filed by the responding party.

H. Highlighting Cited Portions of Depositions and Other Lengthy Documents

The cited portions of depositions and other lengthy documents shall be highlighted in yellow for ease of reference. Highlighting in colors other than yellow will result in the document being stricken.

Standing Order Re Civil Cases Rev. 9/9/2024

I. Objections to Evidence

Objections to evidence shall comply with the Civil Local Rules, which require that objections be contained within the objecting party’s brief. See Civ. L.R. 7- 3(a), (c).

V. MOTIONS TO SEAL

Motions to seal documents shall be filed in accordance with Civil Local Rule 79-5. In addition, each administrative motion filed pursuant to Civil Local Rule 79-5(c) and declaration filed pursuant to Civil Local Rule 79-5(f)(3) shall include a chart, in the format set forth below, which includes the following four columns: (1) ECF number or exhibit number of the document sought to be sealed; (2) description or name of the document sought to be sealed; (3) portion(s) of the document to seal; and (4) reason(s) why the document should be sealed, including citation to the applicable declaration.
Each separate document for which sealing is sought shall have its own row in the table.

ECF or Ex. No. Document Portion(s) to Seal Reason(s) for Sealing Plaintiff’s Motion for Summary Judgment Highlighted portions at 4:9-12; 10:2-7.
Contains confidential information relating to the parties’ licenses and negotiations with third parties, and Plaintiff’s internal financial and business strategies.
See Smith Decl. ¶¶ 3-7. Public disclosure of this information would cause harm to Plaintiff. Id.

Each administrative motion filed pursuant to Civil Local Rule 79-5(c) and declaration filed pursuant to Civil Local Rule 79-5(f)(3) shall be submitted in Word format by email to BLFpo@cand.uscourts.gov on the same day of filing.

Chambers copies of sealing motions shall not be sent to the Court. Unredacted chambers copies of the substantive briefs or exhibits that are the subject of the sealing motion shall be delivered to the Court, with redactions highlighted in yellow. No chambers copies of redacted briefs or exhibits shall be delivered to the Court.

Once the Court adjudicates a sealing motion, if the redactions and sealing granted by the Court are narrower than what was redacted in the current public versions, the Filing Party shall refile public versions of the redacted or sealed document(s) within 7 days, unless the Filing Party submits a renewed sealing motion or a Designating Party submits a renewed declaration for any document in that filing.

Standing Order Re Civil Cases Rev. 9/9/2024

VI. POST-ANSWER DISPOSITIVE MOTIONS

A. Total Page Limits

Each side is limited to a total of 25 pages for all post-answer dispositive motions, collectively, including motions for summary judgment and motions for judgment on the pleadings. For example, if both a motion for judgment on the pleadings and a motion for summary judgment are filed by defendants, the total briefing across both motions may not exceed 25 pages. Total page limits for any oppositions and replies shall be limited to 25 and 15 pages, respectively.

B. One Motion for Summary Judgment per Party

Unless otherwise ordered by the Court, only 1 motion for summary judgment, partial summary judgment, or summary adjudication may be filed by each party.

C. Summary Judgment Motions Heard 90 Days Before Trial

Summary judgment motions shall be heard at least 90 days before trial.
Generally, the Court will reserve a compliant date at the Initial Case Management Conference.

VII. MOTIONS FOR ATTORNEYS’ FEES

In addition to the motion, memorandum, and evidence, a party moving for attorneys’ fees must provide the Court with a chart, in the format set forth below, summarizing the hours expended on the major tasks in the case. While the Court has suggested several categories of tasks, the moving party may add or modify categories as necessary. The Court is primarily interested in the number of hours spent per task and per attorney, along with the effective billing rate associated with those hours. The total number of hours reflected in this chart must be identical to the number of hours set forth in the fees motion.

Task Atty A Atty B Atty C (Billing Rate)

Compl. and Pre-Compl. Investigation

Discovery

Motion Practice (specify motion)

Settlement Efforts

Client Communication

Miscellaneous (describe)

Total Hours

Standing Order Re Civil Cases Rev. 9/9/2024

VIII. PROPOSED ORDERS

All proposed orders in e-filing cases shall be submitted in Word format by email to BLFpo@cand.uscourts.gov on the same day the proposed order is e-filed.

IX. CHAMBERS COPIES

A. Chambers Copies Required only for Pleadings and Substantive Briefing

Chambers copies shall be delivered to the Court within one business day of filing for the following documents: pleadings; briefing related to substantive motions; and evidence related to substantive motions. No chambers copies of administrative motions or other non-substantive motions (including sealing motions) shall be delivered to the Court.

B. ECF Filing Stamp

Chambers copies shall be generated from ECF after filing so that they bear the case number, document number, and filing date along the top of the page.

C. Format

In general, chambers copies must be single-sided (printed on only one side of the page), 2-hole punched at the top, and stapled or fastened with metal prongs.
However, chambers copies of exhibits that are more than six inches thick must be placed in binders, and chambers copies submitted in connection with a final Pretrial Conference must be 3-hole punched on the left side. Whether or not in binders, chambers copies must include numbered bottom tabs between exhibits.
Each chambers copy shall be marked “Chambers Copy” and shall be submitted to the Clerk’s Office in an envelope marked with the case number and with the words “Chambers Copy” and “Judge Beth Labson Freeman.”

D. Sealed Documents

When all or a portion of a substantive brief and/or supporting exhibits has been sealed, the chambers copy of the brief and/or supporting exhibits shall contain a complete set of the brief and/or supporting exhibits in unredacted form with any supporting exhibits organized sequentially. Any portions of the substantive brief and/or exhibits that have been sealed shall be highlighted in yellow. No chambers copies of redacted briefs or exhibits shall be delivered to the Court.

E. Deposition Transcripts

Deposition transcripts submitted to the Court must be in single-page format.
Transcripts in 4-in-1 format, in which 4 pages of the deposition transcript are reduced to fit on a single document page, will be disregarded.

Standing Order Re Civil Cases Rev. 9/9/2024

X. UNREPRESENTED PARTIES

Parties representing themselves in the San Jose Division of the Northern District of California may wish to contact the Federal Pro Se Program, a free program that offers limited legal services to pro se litigants. Parties may contact the Federal Pro Se Program by calling 408-297-1480. Additional information regarding the Federal Pro Se Program is available at http://cand.uscourts.gov/helpcentersj.

Dated: September 9, 2024

BETH LABSON FREEMAN United States District Judge

Judge Freeman's Standing Order for Civil Jury Trials

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/BLF-Standing-Order-Re-Civil-Jury-Trials-Rev-Sept-9-2024.pdf]

Standing Order Re Civil Jury Trials Rev. 9/9/2024

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

STANDING ORDER RE CIVIL JURY TRIALS JUDGE BETH LABSON FREEMAN

I. MEET AND CONFER

At least 21 days before the final Pretrial Conference, lead counsel who will try the case shall meet and confer with respect to:

(1) Settlement of the Case; (2) Preparation of the Joint Pretrial Statement and Order; (3) Preparation and exchange of pretrial materials to be filed pursuant to Federal Rule

of Civil Procedure 26(a)(3); and (4) Clarification and narrowing of the contested issues for trial.

II. JOINT PRETRIAL STATEMENT AND ORDER

At least 14 days before the final Pretrial Conference, unless otherwise ordered, the parties shall file a Joint Pretrial Statement and Order containing the following information:

A. The Action

The Parties

A list of the parties who have been served and have appeared. Any parties not identified in the Joint Pretrial Statement and Order will be deemed to have been dismissed.

Substance of the Action

A concise statement identifying the claims and defenses that remain to be decided; the elements of each claim and defense; and the pleading in which each claim and defense is pled. Parties will be precluded from presenting claims or defenses not set forth in the Joint Pretrial Statement and Order.

Relief Sought

A statement of relief sought, itemizing all elements of damages claimed.

Federal Jurisdiction and Venue

A statement of the bases for federal jurisdiction and venue.

Standing Order Re Civil Jury Trials Rev. 9/9/2024

B. Factual Basis of the Action

Undisputed Facts

A concise statement of all facts that may be incorporated into the trial record by stipulation of the parties.

Disputed Facts

A concise statement of all disputed facts to be litigated at trial.

C. Disputed Legal Issues

A concise statement of each disputed point of law, citing relevant statutes and decisions.

D. Estimate of Trial Time

An estimate of the total number of hours or days needed for trial.

E. Trial Alternatives and Options

Settlement Discussion

A statement summarizing the status of the settlement negotiations and indicating whether further negotiations are likely to be productive.

Amendments or Dismissals

A statement of proposed amendments to the pleadings or dismissals of parties, claims, or defenses.

Bifurcation or Separate Trial of Issues

A statement whether bifurcation or a separate trial of specific issues is feasible and desired.

F. Binding Effect of the Joint Pretrial Statement and Order

The Joint Pretrial Statement and Order shall recite, directly above the signature lines of the parties, the following:

The foregoing admissions having been made by the parties, and the parties having specified the foregoing issues of fact and law remaining to be litigated, this order shall supplement the pleadings and govern the course of trial of this action, unless modified to prevent manifest injustice.

Standing Order Re Civil Jury Trials Rev. 9/9/2024

Date and signature lines for the Court shall appear immediately following the
signature lines of the parties.

III. PREPARATION FOR TRIAL

A. Witnesses

Appendix

The following information shall be provided as an appendix to the Joint Pretrial Statement and Order. For each party, a list of all witnesses likely to be called at trial, including those appearing by deposition. For each witness, there should be a short statement of the substance of his or her testimony and an estimate regarding the length of testimony (including direct and cross-examination). If the witness is an expert witness, please state the expert’s theories and conclusions and the bases therefor. Attach the expert’s curriculum vitae and report (if any).

Consequences of Nondisclosure

No party shall be permitted to call a witness in its case in chief who is not disclosed in the Joint Pretrial Statement and Order without leave of the Court for good cause shown.

B. Exhibits

Appendix

The following information shall be provided as an appendix to the Joint Pretrial Statement and Order. A joint list of exhibits, discovery responses, and deposition excerpts to be offered at trial, in tabular form with (a) a column identifying the exhibit number consistent with the pre- marking requirement below; (b) a column briefly describing the exhibit; (c) a column describing the purpose for which the exhibit is offered and identifying its sponsoring witness; (d) a column stating any objections to the exhibit; and (e) a column responding to the objections. The Court will not rule on these objections before trial and any remaining objections must be asserted at trial. Before this list is filed with the Court, counsel shall meet and confer, in person, to consider exhibit numbers, eliminate duplicate exhibits and confusion over exhibits, and make a good faith effort to stipulate to admissibility. If stipulation is not possible, the parties shall make every effort to stipulate to authenticity and foundation absent a legitimate (not tactical) objection.

Standing Order Re Civil Jury Trials Rev. 9/9/2024

Pre-Marked

All exhibits shall be pre-marked for identification with numbers (not letters) by means of exhibit tags affixed to the back of the last page of each exhibit. Sample tags are attached hereto.

Delivery to Court

Unless otherwise ordered, on the Thursday before commencement of trial, the parties shall deliver to Tiffany Salinas-Harwell, Courtroom Deputy to Judge Freeman, 1 original set of exhibits and 1 complete copy of the original set. The copy set of exhibits need not be tagged, but the exhibits contained therein must be labeled clearly. Both sets of exhibits – the original and the copy – shall be in three-ring binders with the exhibits separated by tabs denoting the exhibit numbers.

Consequences of Nondisclosure

No party shall be permitted to offer any exhibit at trial that is not disclosed in the Joint Pretrial Statement and Order without leave of the Court for good cause shown, unless it is offered solely for impeachment or rebuttal.

C. Motions in Limine

Timing

Unless otherwise ordered, the parties shall file and serve any motions in limine at least 14 days before the final Pretrial Conference, and any opposition thereto at least 7 days before the final Pretrial Conference. Reply briefs are not permitted.
The Court will hear argument on motions in limine at the final Pretrial Conference.

Contents

Each motion shall be presented in a separate document and shall be numbered as, for example, “Plaintiff’s Motion in Limine No. 1 to Exclude. . . .” Each side is limited to 5 motions in limine. Each motion in limine is limited to 5 pages and may address only one issue. If a party raises a Daubert motion as a motion in limine, the party must file a separate motion for each expert to which the party raises a Daubert challenge. Each Daubert motion is included in the 5 motion maximum for motions in limine.

Standing Order Re Civil Jury Trials Rev. 9/9/2024

D. Jury Materials

At least 7 days before the final Pretrial Conference, the parties shall file and serve the following materials. All jury materials must be submitted in hard copy and in word processing format via e-mail to BLFpo@cand.uscourts.gov.

Preliminary Statement to the Jury

A simplified statement of the case to be read to the jury during voir dire and as part of the proposed jury instructions. Unless the case is extremely complex, this statement should not exceed one paragraph.

Voir Dire Questions

The Court will conduct the initial voir dire. Counsel may submit for the Court’s consideration an agreed upon set of voir dire questions to be posed by the Court. Any voir dire questions on which counsel cannot agree may be submitted separately. Counsel will be allowed a brief (15 minutes) follow-up voir dire after the Court’s questioning. Counsel shall inform the Court if they wish to use a jury questionnaire and, if so, shall submit a proposed questionnaire for the Court’s review.

Jury Instructions

a) Joint Set of Instructions

The parties shall submit a complete joint set of proposed jury instructions, arranged in a logical sequence, which incorporates the Model Jury Instructions of the Ninth Circuit to the extent feasible and appropriate.

b) Stipulated Instructions

If an instruction is undisputed, it shall be identified as “Stipulated Instruction No. ___ re ____________,” with the blanks filled in as appropriate. Even if stipulated, the instruction shall be supported by citation to the Model Jury Instructions of the Ninth Circuit or other authority.

c) Disputed Instructions

If an instruction is disputed, all versions of the instruction shall be inserted together in the logical place for the instruction in the overall sequence. A disputed instruction shall be identified as “Disputed Instruction No. ___ re ____________ offered by ____________,” with the blanks filled in as appropriate. All

Standing Order Re Civil Jury Trials Rev. 9/9/2024

disputed versions of the same instruction shall bear the same number. If a party does not have an alternate version but contends that no such instruction should be given, that party should so state on a separate page inserted in lieu of an alternate version. Each party should support its position regarding a disputed instruction with a brief argument and citation to relevant authority, set forth immediately following the disputed instruction. The parties are encouraged to keep disputed instructions to a minimum.

Verdict Form

The parties shall submit a joint proposed verdict form. If the parties are unable to stipulate to a verdict form, each party shall submit a proposed verdict form.

E. Trial Briefs

Each party shall submit a trial brief, not to exceed 15 pages, at least 7 days before the commencement of trial. A trial brief is most helpful to the Court when it summarizes the party’s theory of the case, identifies key evidence, and provides summary briefing on any controlling issues of law.

F. Stipulations

A statement of proposed stipulations that will expedite the presentation of evidence. Any stipulations submitted before or during trial shall be in writing and signed by all parties.

G. Time Limits

Ordinarily, the Court will set fixed trial time limits at the final Pretrial Conference. Each party may allocate its time as it wishes, but all of a party’s examination time (whether direct, cross, re-direct, or re-cross) for all witnesses must fit within its time limit. Opening and closing time limits are in addition to examination time.

IV. TRIAL SCHEDULE

Trial is conducted on Mondays, Wednesdays, and Fridays from 9:00 a.m. to 5:00 p.m. and on Tuesdays from 10:00 a.m. to 5:00 p.m. Thursdays typically are dark.

Standing Order Re Civil Jury Trials Rev. 9/9/2024

V. MISCELLANEOUS

A. 12-Point Type and Double-Spaced

All written text, including footnotes and quotations, shall be no less than 12-point type and shall be double-spaced.

B. Footnotes

Footnotes shall be no less than 12-point type and shall be double-spaced.
Footnotes shall not be used to cite to legal authorities or evidence. All citations to legal authorities or evidence shall be in the body of the brief. Excessive footnotes will be disregarded.

Dated: September 9, 2024

BETH LABSON FREEMAN United States District Judge

Standing Order Re Civil Jury Trials Rev. 9/9/2024

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case No:
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Date Admitted: By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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Judge Freeman's Standing Order for Criminal Trials

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/BLF-Standing-Order-re-Criminal-Trials-Rev-Sept-9-2024.pdf]

Standing Order Re Criminal Trials Rev. 9/9/2024

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

STANDING ORDER RE CRIMINAL TRIALS JUDGE BETH LABSON FREEMAN

I. TRIAL SCHEDULE

Trial is conducted on Mondays, Wednesdays, and Fridays from 9:00 a.m. to 5:00 p.m. and on Tuesdays from 10:00 a.m. to 5:00 p.m. Thursdays typically are dark.

II. APPLICATION OF STANDING ORDER

The following requirements apply to the Government and, to the extent consistent with Defendant’s right to an effective defense, to Defendant.

III. JOINT PRETRIAL STATEMENT

At least 7 days before the final Pretrial Conference, unless otherwise ordered, the parties shall file a Joint Pretrial Statement addressing all items listed in Criminal Local Rule 17.1-1(b).

IV. JURY MATERIALS

At least 7 days before the final Pretrial Conference, the parties shall file and serve the following materials. All jury materials must be submitted in hard copy and in word processing format via e-mail to BLFpo@cand.uscourts.gov.

A. Voir Dire Questions

The Court will conduct the initial voir dire. Counsel may submit for the Court’s consideration an agreed upon set of voir dire questions to be posed by the Court.
Any voir dire questions on which counsel cannot agree may be submitted separately. Counsel will be allowed a brief (15 minutes) follow-up voir dire after the Court’s questioning.

B. Jury Instructions

Joint Set of Instructions

The parties shall submit a complete joint set of proposed jury instructions, arranged in a logical sequence, which incorporates the Model Jury Instructions of the Ninth Circuit to the extent feasible and appropriate.

Standing Order Re Criminal Trials Rev. 9/9/2024

Stipulated Instructions

If an instruction is undisputed, it shall be identified as “Stipulated Instruction No. ___ re ____________,” with the blanks filled in as appropriate. Even if stipulated, the instruction shall be supported by citation to the Model Jury Instructions of the Ninth Circuit or other authority.

Disputed Instructions

If an instruction is disputed, all versions of the instruction shall be inserted together in the logical place for the instruction in the overall sequence. A disputed instruction shall be identified as “Disputed Instruction No. ___ re ____________ offered by ____________,” with the blanks filled in as appropriate. All disputed versions of the same instruction shall bear the same number. If a party does not have an alternate version but contends that no such instruction should be given, that party should so state on a separate page inserted in lieu of an alternate version. Each party should support its position regarding a disputed instruction with a brief argument and citation to relevant authority, set forth immediately following the disputed instruction. The parties are encouraged to keep disputed instructions to a minimum.

C. Verdict Form

The parties shall submit a joint proposed verdict form. If the parties are unable to stipulate to a verdict form, each party shall submit a proposed verdict form.

V. WITNESSES

At least 7 days before the final Pretrial Conference, the parties shall file a witness list that includes a brief summary of the testimony of each witness.

VI. EXHIBITS

A. Pre-Marked

All exhibits shall be pre-marked for identification with numbers (not letters) by means of exhibit tags affixed to the back of the last page of each exhibit. Sample tags are attached hereto.

B. Exhibit Lists

At least 7 days before the final Pretrial Conference, each party shall file an exhibit list and serve upon all other parties copies of all pre-marked exhibits.

Standing Order Re Criminal Trials Rev. 9/9/2024

C. Delivery to Court

Unless otherwise ordered, on the Thursday before commencement of trial, the parties shall deliver to Tiffany Salinas-Harwell, Courtroom Deputy to Judge Freeman, 1 original set of exhibits and 1 complete copy of the original set. The copy set of exhibits need not be tagged, but the exhibits contained therein must be labeled clearly. Both sets of exhibits – the original and the copy – shall be in three-ring binders with the exhibits separated by tabs denoting the exhibit numbers.

VII. MOTIONS IN LIMINE

A. Timing

Unless otherwise ordered, the parties shall file and serve any motions in limine at least 14 days before the final Pretrial Conference, and any opposition thereto at least 7 days before the final Pretrial Conference. Reply briefs are not permitted. The Court will hear argument on motions in limine at the final Pretrial Conference.

B. Contents

Each motion shall be presented in a separate document and shall be numbered as, for example, “Plaintiff’s Motion in Limine No. 1 to Exclude. . . .” Each side is limited to 5 motions in limine. Each motion in limine is limited to 5 pages and may address only one issue.

VIII. TRIAL BRIEFS

At least 7 days before the final Pretrial Conference, each party shall file a trial brief that states the legal bases for the charges, describes the anticipated evidence, and addresses any evidentiary, procedural, or other legal issues.

IX. MISCELLANEOUS

A. Opening Statements

Parties must meet and confer to exchange any visuals, graphics, or exhibits to be used in opening statements. Any objections that cannot be resolved by the parties shall be filed not later than the Thursday before commencement of trial.

B. Change of Plea

Defense counsel shall give prompt notice to the United States Attorney and to the Court of any intention to change a previously entered plea of not guilty.

Standing Order Re Criminal Trials Rev. 9/9/2024

C. Filing of Admitted Exhibits

Upon the conclusion of the trial, the admitted exhibits will be filed by the Court.
The exhibits not admitted will be returned to counsel.

D. 12-Point Type and Double-Spaced

All written text, including footnotes and quotations, shall be no less than 12-point type and shall be double-spaced.

E. Footnotes

Footnotes shall be no less than 12-point type and shall be double-spaced.
Footnotes shall not be used to cite to legal authorities or evidence. All citations to legal authorities or evidence shall be in the body of the brief. Excessive footnotes will be disregarded.

Dated: September 9, 2024

BETH LABSON FREEMAN United States District Judge

Standing Order Re Criminal Trials Rev. 9/9/2024

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case No:
Joint / Plaintiff / Defendant Exh. No.:
Date Admitted: By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case No:
Joint / Plaintiff / Defendant Exh. No.:
Date Admitted: By: Tiffany Salinas-Harwell, Deputy Clerk

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Date Admitted: By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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Date Admitted: By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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Date Admitted: By: Tiffany Salinas-Harwell, Deputy Clerk

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