Judge Susan Illston — United States District Court, Northern District of California

Judge Illston's Civil Pretrial Instructions

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/SI-Jan.-2026-civil-pretrial-attachment.pdf]

United States District Court Northern District of California

(01/2026) PRETRIAL INSTRUCTIONS Honorable Susan Illston

COUNSEL SHALL MEET AND CONFER IN GOOD FAITH IN ADVANCE OF COMPLYING WITH THE FOLLOWING PRETRIAL REQUIREMENTS.

PRETRIAL CONFERENCE and STATEMENT The parties shall comply in all respects with Fed. R. Civ. P. 16. The statement is due fourteen days prior to the Pretrial Conference. The parties shall file a joint pretrial conference statement containing the following information:

a. The Action

Substance of the Action. A brief description of the substance of claims and defenses which remain to be decided.

Relief Prayed. A detailed statement of all the relief claimed, particularly itemizing all elements of damages claimed as well as witnesses, documents or other evidentiary material to be presented concerning the amount of those damages.

b.
The Factual Basis of the Action

Undisputed Facts. A plain and concise statement of all relevant facts not reasonably disputable, as well as which facts parties will stipulate for incorporation into the trial record without the necessity of supporting testimony or exhibits.

Disputed Factual Issues. A plain and concise statement of all disputed factual issues which remain to be decided.

Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts.

Stipulations. A statement of stipulations requested or proposed for pretrial or trial purposes.

c.
Disputed Legal Issues

Points of Law. Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions setting forth briefly the nature of each party's contentions concerning each disputed point of law, including procedural and evidentiary issues.

Proposed Conclusions of Law. If the case is to be tried without a jury, unless otherwise ordered, parties should briefly indicate objections to proposed

United States District Court Northern District of California conclusions of law.

d. Trial Preparation

Witnesses to be Called. A list of all witnesses likely to be called at trial, other than solely for impeachment or rebuttal, together with a brief statement following each name describing the substance of the testimony to be given.

Exhibits, Schedules and Summaries. A list 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. Unless otherwise ordered, parties will indicate their objections to the receipt in evidence of exhibits and materials lodged and that counsel have conferred respecting such objections.

Estimate of Trial Time. An estimate of the number of court days needed for the presentation of each party's case, indicating possible reductions in time through proposed stipulations, agreed statements of facts, or expedited means of presenting testimony and exhibits.

Use of Discovery Responses. Counsel shall cite possible presentation at trial of evidence, other than solely for impeachment or rebuttal, through use of excerpts from depositions, from interrogatory answers, or from responses to requests for admission. Counsel shall indicate any objections to use of these materials and that counsel has conferred respecting such objections.

Further Discovery or Motions. A statement of all remaining discovery or motions, including motions in limine.

e. Trial Alternatives and Options

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

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 appeal directly to the Ninth Circuit.

Amendments, Dismissals. A statement of requested or proposed amendments to pleadings or dismissals of parties, claims or defenses.

Bifurcation, Separate Trial of Issues. A statement of whether bifurcation or a separate trial of specific issues is feasible and desired.

United States District Court Northern District of California 2. WITNESSES

a. Jury Trials
The Pretrial Conference Statement shall include the witness list required in part by 1(d)(1) above. In addition, in the case of expert witnesses, the summary shall clearly state the expert's theories and conclusions and the basis therefore and shall be accompanied by a curriculum vitae; if the expert has prepared a report in preparation for the testimony, a copy thereof shall be furnished to opposing counsel. Witnesses not included on the list may be excluded from testifying.

b. Non-Jury Trials In non-jury cases, any party may serve and lodge with the Court a written narrative statement of the proposed direct testimony of each witness under that party's control in lieu of a summary. Each statement shall be marked as an exhibit and shall be in a form suitable to be received into evidence.

JURY INSTRUCTIONS

a. Joint Set of Instructions
The parties shall prepare and e.file a joint set of jury instructions fourteen days prior to the Pretrial Conference. The submission shall contain both agreed upon instructions (which shall be so noted), and contested instructions, all in the order in which they should be read to the jury. Where contested instructions are included, they should be annotated both with the proponent’s authority for seeking the instruction and the opponent’s reason for opposition. In addition to delivering a paper courtesty copy of the joint jury instructions (see § 7(c), below), Counsel shall email a copy in Word format to SIPO@cand.uscourts.gov.

b. Substance and Format of Instructions The instructions shall cover all substantive issues and other points not covered by the Ninth Circuit Manual of Model Jury Instructions. Each requested instruction shall be typed in full on a separate page and citations to the authorities upon which the instruction is based shall be included. Instructions shall be brief, clear, written in plain English and free of argument. Pattern or form instructions shall be revised to address the particular facts and issues of this case.

c. Preliminary Statement and Instructions
If the parties wish to have a preliminary statement read to the jury, and/or preliminary instructions given to the jury, they shall jointly prepare and submit to the Court, fourteen days prior to the pretrial conference, the text of the statement and instructions, clearly marked.

d. Voir Dire and Verdict Forms
Each party shall serve and file proposed questions for jury voir dire and a proposed Form of Verdict not later than fourteen days prior to the Pretrial Conference.

United States District Court Northern District of California

FINDINGS OF FACT and CONCLUSIONS OF LAW

In non-jury cases, each party shall file with the Court fourteen days prior to the Pretrial Conference, proposed Findings of Fact and Conclusions of Law on all material issues. Proposed Findings shall be brief, written in plain English and free of pejorative language, conclusions and argument. In addition to delivering a paper courtesy copy of the proposed Findings of Fact and Conclusions of Law (see § 7(c), below), Counsel shall email a copy in Word format to SIPO@cand.uscourts.gov.

EXHIBITS

a. Provide Copies of Exhibits to Court, Witness Stand and Other Parties Each party shall provide every other party with one set of all proposed exhibits, charts, schedules, summaries, diagrams and other similar documentary materials to be used in its case in chief at trial, together with a complete list of all such proposed exhibits.
Voluminous exhibits shall be reduced by elimination of irrelevant portions or through the use of summaries. Each item shall be pre-marked with a trial exhibit sticker (not deposition exhibit label), defendant’s exhibit numbers shall be sequenced to begin after plaintiff's exhibit numbers. If there are numerous exhibits, they should be provided in three-ring binders with marked tab separators. All exhibits which have not been provided as required are subject to exclusion. All exhibits shall be in binders no larger than three inches and shall include an identifying label on the spine of each binder as well as the cover of each binder.

b. Stipulations re Admissibility Fourteen days prior to the Pretrial Conference, the parties shall make a good faith effort to stipulate to exhibits’ admissibility. If stipulation is not possible, the parties shall make every effort to stipulate to authenticity and foundation absent a legitimate (not tactical) objection.

c. Objections to Exhibits In addition to the exhibit list, counsel shall confer with respect to any other objections to exhibits in advance of the Pretrial Conference. Each party shall file and serve a statement briefly identifying each item objected to, the grounds for the objection and the position of the offering party fourteen days prior to the date set for the Pretrial Conference.

d. Provide Copies of Exhibits to Court Three sets of exhibits shall be provided to the Court on the Friday prior to the trial date. Each set shall be in binders, marked, tabbed and indexed and shall be delivered/mailed directly to Chambers. Parties are to comply with Civil Local Rule 16- 10(b)(7).

e. Disposition of Exhibits after Trial Upon the conclusion of the trial, each party shall retain its exhibits through the appellate process. It is each party’s responsibility to make arrangements with the Clerk of Court to file the record on appeal.

United States District Court Northern District of California

MOTIONS IN LIMINE

Any party wishing to have motions in limine heard prior to the commencement of trial must file and serve same no later than fourteen days prior to the date set for the Pretrial Conference. Any party opposing such a motion in limine shall file and serve its opposition papers no later than seven days prior to the Pretrial Conference. Reply papers are not required. The motions will be heard at the Pretrial Conference or at such other time as the Court may direct. Nothing in this provision prevents a party from noticing its motions in limine regularly for hearing on or prior to the final date for hearing dispositive motions. NO LEAVE TO FILE UNDER SEAL WILL BE GRANTED WITH RESPECT TO MOTIONS IN LIMINE.

OTHER PRETRIAL MATTERS

a. Status/Discovery Conferences Any party desiring to confer with the Court may, upon notice to all other parties, arrange a conference through the Courtroom Deputy at (415) 522-2028 or SICRD@cand.uscourts.gov.

b. Settlement Conferences Any party wishing to arrange a settlement conference before another judge or Magistrate Judge may do so by contacting the courtroom deputy.

c. Paper Courtesy Copies

Two sets of paper courtesy copies (“chambers copies”) are required for all pretrial conference filings. See Judge Illston’s Standing Order for instructions regarding the proper formatting and deadlines for delivery of courtesy copies.

d. Daily Transcripts/Realtime Reporting If a daily transcript and/or realtime reporting is needed, the parties shall make arrangements with Kristen Melen, Court Reporter Supervisor, at (415) 522-2079 or Kristen_Melen@cand.uscourts.gov, at least fourteen days before trial commences. If transcripts will be requested immediately after trial, arrangements must be made with the court reporter at least fourteen days before trial commences.

e. Skills Development The Court welcomes and encourages less-experienced attorneys to play an important role at trial, including in witness examination.

MISCELLANEOUS

a. The Court takes a photograph of each witness prior to the witness's testimony.

b. Please DO NOT call Chambers. If you need to contact the courtroom deputy, please call the number above (415-522-2028) and leave a message if the deputy

United States District Court Northern District of California is not available.

c. Pretrial conferences will be held in person in San Francisco, Courtroom 1, 17th Floor.

Judge Illston's Criminal Pretrial Instructions

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/SI-Criminal-Pretrial-Instructions-May-2025.pdf]

United States District Court Northern District of California (updated 5/2025)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES, Plaintiff, v.

Defendant(s). Case No. (SI)

ORDER FOR PRETRIAL PREPARATION (CRIMINAL)

Good cause appearing, IT IS HEREBY ORDERED that:

TRIAL DATE: On
at 9:00 a.m., Courtroom 1, 17th floor, and will be before the JURY.

TRIAL LENGTH is estimated to be
days.

MOTIONS: All motions SHALL be heard on

at 11:00 a.m. in Courtroom 1, and SHALL comply with Crim. L.R. 47-2. Before filing any motion, counsel for defendant and for the government SHALL confer concerning any matter covered by Crim. L.R. 17.1-1(b), relevant to the case, in particular, subparagraphs (1) - (3).

The party filing any motion or opposition or other paper in this case shall show on the first page beneath the file number which, if any, of the exclusions under 18 U.S.C. § 3161 may be applicable to the action sought or opposed by the motion or other paper, and his or her calculation of the amount of excludable time to the hearing date. Crim. L.R. 47-2(c).

MOTIONS IN LIMINE: Any party wishing to have motions in limine heard prior to the commencement of trial must file and serve same no later than fourteen days prior to the date set for the Pretrial Conference. Any party opposing such a motion in limine shall file and serve its opposition papers no later than seven days prior to the Pretrial Conference (with personal service directly on chambers). No reply papers will be considered, and the motions will be heard at the Pretrial Conference or at such other time as the Court may direct.

PRETRIAL CONFERENCE: A Pretrial Conference SHALL be held at 1:30 p.m. on

United States District Court Northern District of California

in Courtroom 1. Not less than seven days before the Pretrial Conference, counsel for the government SHALL:

1. Serve and file a trial memorandum briefly stating the legal bases for the charges and the anticipated evidence, and addressing any evidentiary, procedural or other anticipated legal issues;

2. Serve and file a list of all witnesses who may be called, together with a brief summary of the testimony of each;

3. Serve and file proposed jury instructions on all substantive issues and on any procedural issue not adequately covered by the Court’s standard instructions (which are published in the Ninth Circuit Manual of Model Jury Instructions). Counsel shall email a copy in Word format to SIPO@cand.uscourts.gov;

4. Serve and file a proposed form of verdict and proposed questions for jury voir dire; and,

5. Serve and file exhibit lists; and serve copies of all marked exhibits on all parties.
   Counsel will email electronic Word versions of the lists to sicrd@cand.uscourts.gov. See below for more details.

Not less than seven days before the Pretrial Conference, defense counsel SHALL comply with subparagraphs (3) and (4) above, and, to the extent consistent with the defendant’s right to an effective defense, with subparagraphs (1), (2) and (5) above.

Counsel SHALL confer in advance and be prepared to discuss with the Court any anticipated evidentiary objections and any means for shortening and simplifying the trial (e.g., by stipulating to such matters as chain of custody, nature of substances, use of the mails, etc.).

Counsel should submit an agreed upon set of additional requested voir dire questions to be posed by the Court. Any voir dire questions on which counsel cannot agree shall be submitted separately. Voir dire by counsel will not be permitted absent leave of Court.

CASE DESCRIPTION: No later than seven days before the pretrial conference, the parties should jointly file, and send in Word format to sicrd@cand.uscourts.gov, a short (2-4 sentences) proposed description of the case. The description will be read to prospective jurors when they come to the courtroom. If the parties cannot agree on a description, they may submit one document with competing descriptions (but without any argument). The description of the case should not refer to the indictment or to the United States Code unless there is a compelling reason to do so.

EXHIBITS: Each exhibit SHALL be pre-marked; with sequential numbers (not lettered).
Blocks of numbers should be assigned to fit the needs of the case (e.g., the Government has 1 to 100, Defendant has 101 to 200). The exhibits SHOULD NOT be filed with the Court; only the exhibit lists must be filed with the Court. However, counsel shall lodge with the Court two copies of the exhibits in binders along with an electronic copy of the

United States District Court Northern District of California exhibits the Tuesday before trial, for the Court’s use and witnesses use during trial. The original exhibits admitted by the Court shall be collected by the Court during trial.

A single exhibit should be marked only once. The Court will not accept competing numbers from the parties for the same exhibit. Photographs will be individually marked.

The parties shall meet and confer before submitting exhibit lists and shall submit a list of which exhibits are stipulated as to authenticity.

Each exhibit shall be tagged as follows:

Counsel will only fill in Exhibit and case numbers.

JURY QUESTIONNAIRE: In advance of the trial, the Jury Office will send prospective jurors an online questionnaire. The questionnaire includes standard questions that are asked in every case, as well as a maximum of ten (10) supplemental questions specific to a given case. One of those questions will ask about scheduling conflicts, so the parties can propose as many as nine other questions. At least 21 days before the pretrial conference, the parties shall email their proposed supplemental questions to sicrd@cand.uscourts.gov. The parties may agree on proposed questions (nine total) or submit competing lists (no more than five per side). However, no argument may be included in this submission. The Court will decide the final set of questions after giving the parties a chance to object. For a copy of the standard questionnaire, please see the “Jury Criminal Questionnaire for Prospective Jurors” found under the “Attorneys” tab on the District’s website.

COURTROOM TECHNOLOGY: The parties should contact the Courtroom Deputy at sicrd@cand.uscourts.gov 10 days before trial to discuss any questions regarding the courtroom and to schedule a joint technology check before trial.

COURTESY COPIES: Each document filed or lodged with the Court must be accompanied by paper courtesy copies to the Court in the manner and by the deadline specified in Judge Illston’s Standing Order ¶ 4. In addition, one copy of the witness and exhibit lists should be furnished to the court reporter.

United States District Court Northern District of California

TRANSCRIPTS: If transcripts will be requested during or immediately after trial, arrangements must be made with the court reporter at least one week before trial commences. If a daily transcript and/or real-time reporting is needed, the parties shall make arrangements with Kristen Melen, Court Reporter Supervisor, at (415) 522-2079 or Kristen_Melen@cand.uscourts.gov at least fourteen days before trial commences.

CHANGE OF PLEA: Counsel SHALL give prompt notice to the United States Attorney and to the Court of any intention to change a previously entered not guilty plea.

FILING OF EXHIBITS: Within 10 days of the Verdict being rendered Counsel will meet and confer and agree upon one party to file all admitted exhibits pursuant to Civil L.R. 5- 1(g).

IT IS SO ORDERED. Dated:

SUSAN ILLSTON United States District Judge

Judge Illston's Initial Case Management Guideline & Clerk's Notice

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/SI-initial-case-management-guideline-and-clerks-notice.pdf]

United States District Court Northern District of California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Plaintiffs, v.

Defendants. Case No. << Case Number >> (SI)

INITIAL CASE MANAGEMENT GUIDELINE AND CLERK'S NOTICE ON REASSIGNMENT

IT IS HEREBY ORDERED that, pursuant to Rule 16(b), Federal Rules of Civil Procedure, and Civil L.R. 16-10, a Case Management Conference will be held in this case before the Honorable Susan Illston on _______________ at 2:30 p.m. by “Public Hearing” Zoom webinar: https://www.cand.uscourts.gov/judges/illston-susan-si/. Counsel wishing to appear on the record will register for Zoom appearances by _______________ at 2 pm by emailing sicrd@cand.uscourts.gov with the case name, case number, name of attorney, party they represent and date of hearing. Plaintiff(s) shall serve copies of this Order at once on all parties to this action, and on any parties subsequently joined, in accordance with the provisions of Fed. R. Civ. P. 4 and 5.
Following service, plaintiff(s) shall file a certificate of service with the Clerk of this Court. Counsel are directed to confer in advance of the Case Management Conference. Not less than seven days before the conference, counsel shall file a joint case management statement in compliance with the Civil Local Rules and the Standing Order for All Judges of the Northern District of California. Failure to file a joint statement shall be accompanied by a signed declaration setting forth the grounds for such failure. Failure to show good cause for such failure may subject the parties to sanctions.
Each party shall be represented at the Case Management Conference by counsel prepared

United States District Court Northern District of California to address all of the matters referred to in this Order, and with authority to enter stipulations and make admissions pursuant to this Order. The parties are encouraged to attend. Any request to reschedule the above dates should be made in writing, and by stipulation, if possible, not less than ten days before the conference date. Good cause must be shown. At the case management conference the parties should be prepared to address and resolve the following: setting the date and the estimated length of the trial; setting the date for discovery cutoff; setting the date to designate experts and other witnesses; and setting the date for the pretrial conference. Standing Orders: All parties shall comply with the Standing Order for All Judges of the Northern District of California concerning the contents of the joint case management conference statement and Judge Illston’s Standing Order. Standing Orders can be found at: https://cand.uscourts.gov/judges/illston-susan-si/.
Failure to comply with this Order or the Local Rules of this Court may result in sanctions.
See Fed. R. Civ. P. 16(f), Civil L.R. 1-4. Paper Courtesy Copies: All parties in civil cases are directed to provide paper courtesy copies of case management statements, the briefing on motions, and pretrial conference filings in the manner and at the time specified in Judge Illston’s Standing Order. See Judge Illston’s Standing Order for further instructions.

NOTICE TO PRO SE LITIGANTS IN NON-PRISONER ACTIONS: If you are proceeding in this lawsuit without an attorney, and have not been granted leave to proceed in forma pauperis, then the following directives apply to you in the prosecution of your case.
The court hereby ORDERS you to comply with the service requirements of Rule 4 of the Federal Rules of Civil Procedure as set forth below. Failure to follow the procedures set forth in this order may result, under Rule 4 (m), in dismissal of your case. It is your responsibility to obtain a valid summons from the clerk and to effect service of

United States District Court Northern District of California the summons and complaint on all defendants in accordance with Rule 4 of the Federal Rules of Civil Procedure. If you have named the United States government, a federal agency, a federal official or a federal employee as a defendant, you must comply with the special requirements of Rule 4 (i). Service may be effected by any person who is not a party and who is at least 18 years of age, which means that you, as a party, may not effect service. If service of the summons and complaint is not made upon a defendant within 90 days after the filing of the complaint, your action will, under Rule 4 (m), be dismissed as to that defendant. Within 95 days after the filing of the complaint, you must file proof of service indicating which defendants were served within the 90 days allowed under Rule 4 (m) and showing, in accordance with Rule 4 (i), how each of those defendants was served (for example, by attaching appropriate certificates of service). You must also show cause why a defendant not served within the 90 days allowed under Rule 4 (m) should not be dismissed without prejudice.
Failure to do these things within the designated time will result in the dismissal of your case under Rule 4 (m) and Rule 41 (b). For additional information on procedures for litigating in Federal Court, pro se litigants are encouraged to contact the Court’s Legal Help Center (415) 782-8982 or sign up for an appointment with the Center at 450 Golden Gate Avenue, 15th Floor, Room 2796, San Francisco, CA 94102. Dated:
Mark B. Busby Clerk, United States District Court

By: ________________________ Esther Chung, Deputy Clerk to the
Honorable SUSAN ILLSTON (415) 522-2028

Judge Illston's Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/JudgeIllston_Standing-Order-9-23-2025.pdf]

Rev. (09/25) United States District Court Northern District of California JUDGE ILLSTON’S STANDING ORDER

Scheduling Days: Civil Law and Motion Calendar is conducted on Fridays at 10:00 a.m. Criminal Law and Motion Calendar is conducted on Fridays at 11:00 a.m. Civil Case Management Conferences are generally conducted on Fridays at 2:30 p.m., with the order of call determined by the Court. Initial and further CMCs will take place over Zoom. A clerk’s notice will be issued with the login and registration information within a week of the CMC. Parties shall consult the Court calendar several days prior to the CMC, as the Court may move the CMC calendar to earlier in the day on Friday if scheduling allows. Pretrial Conferences are generally conducted on Tuesday afternoons at 3:30 p.m.
Counsel need not reserve motion hearing dates but may call the Courtroom Deputy to obtain the next available law and motion calendar. Motions may be reset as the Court’s calendar requires. All parties are directed to comply with the Civil Local Rules except as identified in this Order. Parties MUST NOT set hearing dates on days where the Court has indicated dates are closed for further settings. Before setting a hearing, parties MUST check the Court’s scheduling notes where dates closed for further settings are listed. (https://apps.cand.uscourts.gov/CEO/cfd.aspx?7133#Notes)

Sentencing Memorandum and/or Request to Continue Sentencing: Counsel must comply with Crim. L.R. 32-5 (b) and (c). The sentencing memorandum must be filed no later than 7 days prior to the date set for sentencing and any response must be filed no later than 3 days prior to the date set for sentencing. In the event counsel determines that no sentencing memorandum is necessary, a notice indicating such must be filed no later than 7 days prior to the date set for sentencing. Any request to continue a date set for sentencing must be filed no later than 7 days prior to the scheduled date.

United States District Court Northern District of California 3. Discovery Disputes: The parties shall meet and confer in person, or, if counsel are located outside the Bay Area, by telephone or videoconference, to attempt to resolve their dispute informally. A mere exchange of letters, e-mails, voicemails, text messages, etc. does not satisfy the requirement to meet and confer. If, after a good faith effort, the parties have not resolved their dispute, they shall prepare a concise joint statement of 5 pages or less, stating the nature and status of their dispute. Absent an order of this Court, parties shall not file affidavits or exhibits, other than copies of the written requests for discovery and the answers or objections thereto. If a joint statement is not possible, each side may submit a brief individual statement of 2 pages or less. The first paragraph of the joint statement or individual statement must describe the parties’ meet and confer efforts, including when the parties met and conferred and by what means (i.e., in person, by videoconference, by phone). The joint statement or individual statements shall be filed or e-filed, if in an e-filing case, and courtesy copies submitted as provided in this Standing Order. The Court will advise the parties regarding the need, if any, for more formal briefing or a hearing, pursuant to Civil Local Rule 7-1(b).

Paper Courtesy Copies: This requirement does not apply to self-represented litigants. If you are representing yourself, you do not need to mail paper courtesy copies to the Court. Notwithstanding Civil Local Rule 5-1(d)(7), one set of paper courtesy copies (“chambers copies”) is required for any filing exceeding ten pages in length. This includes—but is not limited to— copies of complaints, briefing on motions (civil or criminal), sentencing documents (criminal), and case management statements (civil). For pretrial conference filings, two sets of paper courtesy copies are required, regardless of page length.
Courtesy copies must be unstapled and three-hole punched at the left margin (not in binders). All courtesy copies must bear the ECF stamp (case number, document number, date and page number) on the top of each page. Courtesy copies shall be delivered to the Clerk’s Office no later than noon 2 days after filing of the document. (E.g., courtesy copies due at noon on Tuesday for

United States District Court Northern District of California papers filed the Friday prior.)
For motions to seal, the parties shall refer to the specific instructions regarding courtesy copies contained in Section 9(c) of Judge Illston’s Standing Order. Please direct any questions regarding courtesy copies to sicrd@cand.uscourts.gov. 5. Summary Judgment Motions: Parties are limited to filing one motion for summary judgment. Any party wishing to exceed this limit must request leave of Court.

Courtroom Technology Information: All parties are instructed to review the information regarding the use of courtroom technology and electronic evidence presentation (EEPS) which is provided on the Court’s web site at http://cand.uscourts.gov/courtroomtech, and to prepare accordingly. Questions and/or requests to pre-test equipment should be sent to the Courtroom Deputy.

Requests to Appear Telephonically:
Telephonic Appearances for court hearings are permitted without the need of filing a formal request or motion. Counsel shall contact the Courtroom Deputy at sicrd@cand.uscourts.gov or (415) 522-2028 to obtain further instructions.

Skills Development: The Court welcomes and encourages oral argument by less-experienced attorneys on any matters argued before the Court.

Filing Documents Under Seal in Civil Cases: Motions to seal shall be filed in accordance with Civil Local Rule 79-5. Failure to follow the local rules may result in summary denial of the motion. (See following page for further instructions.)

United States District Court Northern District of California a. Designating Information as Confidential: Before designating any specific information “Confidential” or “Confidential-Attorneys’ Eyes Only,” the designating party’s counsel shall make a good faith determination that the information warrants protection under Rule 26(c) of the Federal Rules of Civil Procedure. The burden of establishing confidentiality shall be on the designating party. Before seeking to file under seal a document or portion of a document that another party has designated as “Confidential” or “Confidential-Attorneys’ Eyes Only,” counsel shall review the document. If in counsel’s good faith judgment portions or all of the document have been unnecessarily designated as confidential or no longer require confidential treatment, counsel shall meet and confer with counsel for the designating party to attempt to resolve the issue. b. Declarations in Support: The declaration in support of sealing or in support of redaction must make a specific showing explaining why the document or excerpt sought to be sealed may justifiably be sealed, rather than making a blanket statement about the grounds for sealing or redaction. The declaration must state whether the “compelling reasons” or “good cause” standard applies and why. See Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1099, 1101 (9th Cir. 2016). c. Courtesy Copies:
For documents submitted in connection with administrative motions to seal, parties shall provide courtesy copies of the unredacted documents with proposed redacted material highlighted, as required by Civil Local Rule 79-5(d)(2). Do not submit courtesy copies of the redacted versions of documents sought to be sealed.
To the extent that filings include both sealed and non-sealed materials, courtesy copies should include all material, including the unredacted version of proposed sealed material integrated with the non-sealed material. For instance, a courtesy copy of a declaration in which the parties sought to seal Exhibit 2 would contain: the declaration; Exhibit 1; unredacted version of Exhibit 2 with proposed redacted material highlighted; Exhibit 3; etc.

United States District Court Northern District of California d. Proposed Orders: Proposed Orders on administrative motions to seal must conform to the following format: Document or Portion of Document Sought to Be Sealed Evidence Offered in Support of Sealing Order Motion at page 2, Lines 10 – Jones Declaration ¶ 1

Motion at page 5, Lines 4-7 Jones Declaration ¶ 2

When a designating party files a declaration in support of another party’s motion to seal, and the designating party narrows the submitting party’s original sealing request, the designating party shall submit a new proposed order consistent with the narrowed request.

Class Actions: Parties MUST comply with the Northern District’s Guidelines for Procedural Guidance for Class Action Settlements.

IT IS SO ORDERED. Dated: September 23, 2025

SUSAN ILLSTON United States District Judge

View source on NDCA.uscourts.gov →