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N.D. Cal. · Judge Kang · Practice Guide

Hon. Peter H. Kang

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

Get updates when Judge Kang's procedures change
Discovery Motions
Who decides discovery disputes in this judge's cases: the judge themself, a referral to a magistrate (always / usually / case-by-case), or a special master?
🏛 N.D. Cal. local rule

Motions must be directed to the Judge to whom the action is assigned, except as that Judge may otherwise order. (p. 30)

the initials of the Magistrate Judge to whom the action is referred for discovery or other pretrial activity (p. 12)

by any written order of a District Judge designating a Magistrate Judge to perform specific statutorily authorized duties in a particular action. (p. 70)

Civil L.R. 7-1(b); 3-4(a); 72-1

👤 Judge Kang — standing order

“In cases for which any discovery dispute has been referred to Judge Kang and in cases that are assigned to Judge Kang for all purposes through consent of the Parties, the Parties shall follow the procedures as set forth below except as ordered otherwise.” · Judge Kang's Discovery Standing Order

“The Court may resolve the dispute, request additional or more fulsome briefing, order the Parties to further meet and confer in-person at the courthouse with lead trial counsel (and/or in-house counsel) in attendance, set an in-person hearing, or otherwise instruct the Parties.” · Judge Kang's Discovery Standing Order

Pre-motion conferral: required? Format (in person / live / written OK)? Who arranges it, deadline, number of attempts?
🏛 N.D. Cal. local rule

The Court will not entertain a request or a motion to resolve a disclosure or discovery dispute unless, pursuant to Fed. R. Civ. P. 37, counsel have previously conferred for the purpose of attempting to resolve all disputed issues. (p. 59)

“Meet and confer” or “confer” means to communicate directly and to discuss in good faith the issue(s) required under the particular Rule or order. (p. 10)

Unless these Local Rules otherwise provide or a Judge otherwise orders, such communication may take place by telephone. (p. 10)

The mere sending of a written, electronic, or voice-mail communication, however, does not satisfy a requirement to “meet and confer” or to “confer.” (p. 10)

this requirement can be satisfied only through direct dialogue and discussion – either in a face to face meeting or in a telephone conversation. (p. 10)

Civil L.R. 37-1(a); 1-5(n)

👤 Judge Kang — standing order

“In the event a discovery dispute arises, IT IS HEREBY ORDERED that before filing any discovery motion with this Court, the Parties must comply with the following:” · Judge Kang's Discovery Standing Order

“Counsel for all Parties (or third parties) involved in the dispute shall undertake reasonably diligent efforts to confer and attempt to negotiate a resolution of the dispute, such as by telephone, e-mail, teleconference, videoconference, in-person meeting, or correspondence.” · Judge Kang's Discovery Standing Order

“Only after counsel for the Parties have communicated in those efforts but remain unable to resolve the dispute, any Party may demand a meeting of lead trial counsel for the Parties involved in the dispute at issue to resolve the discovery dispute.” · Judge Kang's Discovery Standing Order

“Such meeting shall occur within ten (10) business days of the demand.” · Judge Kang's Discovery Standing Order

“If both lead counsel are located in the geographic region of the Northern District of California during the time period deadline set forth herein for the meet and confer, or if they are otherwise located within 100 miles of each other during this time period, lead trial counsel for both Parties shall meet and confer in person regarding the matter(s) at issue.” · Judge Kang's Discovery Standing Order

“If counsel are not required to meet and confer in person pursuant to this paragraph, they shall meet and confer via videoconference.” · Judge Kang's Discovery Standing Order

“The locations of the meetings shall alternate through the course of the action as succeeding discovery disputes arise, if any.” · Judge Kang's Discovery Standing Order

“The first meeting shall be at a location selected by counsel for Plaintiff(s).” · Judge Kang's Discovery Standing Order

What proof of conferral must be filed or stated (certification, letter, dates, participants, duration)?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Kang — standing order

“The joint letter shall attest that lead counsel met and conferred in person as required herein; if lead counsel did not meet in person, the joint letter shall explain why an in-person meeting was not required.” · Judge Kang's Discovery Standing Order

“The joint letter shall certify that lead trial counsel have both concluded that no agreement or negotiated resolution can be reached.” · Judge Kang's Discovery Standing Order

Must (or may) the parties get a conference with the court before a written motion (IDC, pre-motion conference, discovery hotline, teleconference)? Required / optional / not offered?
🏛 N.D. Cal. local rule

If a dispute arises during a discovery event the parties must attempt to resolve the matter without judicial intervention by conferring in good faith. (p. 59)

counsel or a party may contact the chambers of the assigned District Judge or Magistrate Judge to ask if the Judge is available to address the problem through a telephone conference during the discovery event. (p. 59)

Civil L.R. 37-1(b)

👤 Judge Kang — standing order

Nothing posted.

The vehicle and contents for raising a dispute with the court: letter / letter-motion / email / form / joint submission. Joint or unilateral? Page or word limits, required contents, attachments.
🏛 N.D. Cal. local rule

Any written request to the Court for an order must be presented by one of the following means: (p. 30)

A duly noticed motion pursuant to Civil L.R. 7-2; (p. 30)

In addition to complying with applicable provisions of Civil L.R. 7, a motion to compel further responses to discovery requests must (p. 59)

Civil L.R. 7-1(a); 37-2

👤 Judge Kang — standing order

“In cases for which any discovery dispute has been referred to Judge Kang and in cases that are assigned to Judge Kang for all purposes through consent of the Parties, the Parties shall follow the procedures as set forth below except as ordered otherwise.” · Judge Kang's Discovery Standing Order

“Except as specifically set forth herein, no motions regarding discovery disputes may be filed without prior leave of the Court.” · Judge Kang's Discovery Standing Order

“Within five (5) business days of the in-person meeting between lead trial counsel referred to above, the Parties shall jointly file a detailed letter with the Court which will include an identification of the matters remaining in dispute, a detailed substantive description of each side's position on each such issue, and a description of each side's proposed compromise on each such issue.” · Judge Kang's Discovery Standing Order

“Unless granted leave of Court, the joint letter shall not exceed five (5) pages, evenly divided between the Parties, and formatted with text at 12-point font or greater, single-spaced with reasonable margins, and line breaks between paragraphs.” · Judge Kang's Discovery Standing Order

“Discovery joint letters must be e-filed under the Civil Events category of "Motions and Related Filings > Motions – General > "Discovery Letter Brief."” · Judge Kang's Discovery Standing Order

“Parties are expected to plan for and cooperate in preparing the joint letter so that each side has adequate time to address the arguments.” · Judge Kang's Discovery Standing Order

“The joint letter may not be accompanied by any declarations, unless a Party declaration is needed to support a specific claim of undue burden.” · Judge Kang's Discovery Standing Order

“The joint letter may include, as an attachment, an excerpt of the specifically disputed discovery request or material; no other attachments are permitted unless the Court orders otherwise.” · Judge Kang's Discovery Standing Order

If a written motion is filed: form (joint stipulation, standard motion, letter brief), length, required contents (e.g., verbatim requests and responses), briefing schedule
🏛 N.D. Cal. local rule

a motion to compel further responses to discovery requests must set forth each request in full, followed immediately by the objections and/or responses thereto. (p. 59)

For each such request, the moving papers must detail the basis for the party’s contention that it is entitled to the requested discovery and must show how the proportionality and other requirements of Fed. R. Civ. P. 26(b)(2) are satisfied. (p. 59)

In one filed document not exceeding 25 pages in length, a motion must contain: (p. 30)

The opposition must be filed and served not more than 14 days after the motion was filed. (p. 31)

Unless the Court expressly orders otherwise pursuant to a party’s request made prior to the due date, briefs or memoranda filed with opposition papers may not exceed 25 pages of text (p. 32)

Civil L.R. 37-2; 7-2(b); 7-3(a); 7-4(b)

👤 Judge Kang — standing order

“Except as specifically set forth herein, no motions regarding discovery disputes may be filed without prior leave of the Court.” · Judge Kang's Discovery Standing Order

“The Court may resolve the dispute, request additional or more fulsome briefing, order the Parties to further meet and confer in-person at the courthouse with lead trial counsel (and/or in-house counsel) in attendance, set an in-person hearing, or otherwise instruct the Parties.” · Judge Kang's Discovery Standing Order

Replies, supplemental memos, sur-replies: allowed? Limits?
🏛 N.D. Cal. local rule

the reply brief or memorandum may not exceed 15 pages of text. (p. 31)

The reply to an opposition must be filed and served not more than 7 days after the opposition was due. (p. 31)

Once a reply is filed, no additional memoranda, papers or letters may be filed without prior Court approval, except as follows: (p. 31)

Unless the Court expressly orders otherwise pursuant to a party’s request made prior to the due date (p. 32)

Civil L.R. 7-3(c),(d); 7-4(b)

👤 Judge Kang — standing order

“After the Court has received the joint letter, the Court will determine what future proceedings, if any, are necessary.” · Judge Kang's Discovery Standing Order

“The Court may resolve the dispute, request additional or more fulsome briefing, order the Parties to further meet and confer in-person at the courthouse with lead trial counsel (and/or in-house counsel) in attendance, set an in-person hearing, or otherwise instruct the Parties.” · Judge Kang's Discovery Standing Order

Must disputes be filed / heard / decided before the discovery cutoff? Any lead-time requirement?
🏛 N.D. Cal. local rule

Unless otherwise ordered, as used in any order of this Court or in these Local Rules, a “discovery cut-off” is the date by which all responses to written discovery are due and by which all depositions must be concluded. (p. 59)

Where the Court has set a single discovery cut-off for both fact and expert discovery, no discovery-related motions may be filed more than 7 days after the discovery cut-off. (p. 59)

no motions related to fact discovery may be filed more than 7 days after the fact discovery cut-off, and no motions related to expert discovery may be filed more than 7 days after the expert discovery cut-off. (p. 59)

“Discovery-related motions” encompasses all motions relating to discovery, including motions to compel or protect against discovery, motions regarding the duty to preserve documents, including spoliation motions, motions to quash or enforce subpoenas, and motions for discovery sanctions. (p. 59)

Civil L.R. 37-3

👤 Judge Kang — standing order

“Counsel are expected to confer on a reasonably prompt schedule for mutual exchange of privilege logs, and in any event, sufficiently in advance of the fact discovery deadline to allow for resolution of any disputes over any assertions of privilege, if any, prior to the fact discovery cutoff.” · Judge Kang's Discovery Standing Order

Is there a hearing? When, how (in person / phone / video), decided on papers?
🏛 N.D. Cal. local rule

Except as otherwise ordered or permitted by the assigned Judge or these Local Rules, and except for motions made during the course of a trial or hearing, all motions must be filed, served and noticed in writing on the motion calendar of the assigned Judge for hearing not less than 35 days after filing of the motion. (p. 30)

In the Judge’s discretion, or upon request by counsel and with the Judge’s approval, a motion may be determined without oral argument or by telephone conference call. (p. 30)

Civil L.R. 7-2(a); 7-1(b)

👤 Judge Kang — standing order

“The Court may resolve the dispute, request additional or more fulsome briefing, order the Parties to further meet and confer in-person at the courthouse with lead trial counsel (and/or in-house counsel) in attendance, set an in-person hearing, or otherwise instruct the Parties.” · Judge Kang's Discovery Standing Order

“In the event that the Court orders a discovery hearing after reviewing a joint letter, lead trial counsel shall appear in person at that hearing along with any other counsel knowledgeable about the matter(s) in dispute.” · Judge Kang's Discovery Standing Order

“Permission for a Party or a specific counsel to attend by videoconference may be granted, in the Court’s discretion, only upon written request filed with the Court at least two (2) weeks in advance of the hearing should the Court determine that good cause exists to excuse personal attendance and that personal attendance is not needed in order to have an effective discovery hearing.” · Judge Kang's Discovery Standing Order

Emergency / ex parte discovery relief (e.g., disputes during a deposition): allowed? How? ⚠
🏛 N.D. Cal. local rule

If good faith negotiations between the parties fail to resolve the matter, and if disposition of the dispute during the discovery event likely would result in substantial savings of expense or time, counsel or a party may contact the chambers of the assigned District Judge or Magistrate Judge (p. 59)

Unless otherwise ordered by the assigned Judge, a party may file an ex parte motion, that is, a motion filed without notice to opposing party, only if a statute, Federal Rule, local rule, or Standing Order authorizes ex parte filing. (p. 34)

If the motion is to shorten time for the Court to hear a motion: (p. 28)

Civil L.R. 37-1(b); 7-10; 6-3(a)(4)

👤 Judge Kang — standing order

“If a dispute arises during a deposition which requires immediate attention by the Court, and which involves a persistent obstruction of the deposition or a refusal to answer a question in violation of this Standing Order, Parties may request a telephonic conference with the Court through Judge Kang's Courtroom Deputy ("CRD") at PHKCRD@cand.uscourts.gov.” · Judge Kang's Discovery Standing Order

“A Party or counsel may be subject to sanctions if they abuse this emergency discovery dispute process, or if they consistently impede, or otherwise unreasonably delay, the fair examination of a deponent.” · Judge Kang's Discovery Standing Order

Stated consequences for not following the procedure
🏛 N.D. Cal. local rule

If counsel for the moving party seeks to arrange such a conference and opposing counsel refuses or fails to confer, the Judge may impose an appropriate sanction, which may include an order requiring payment of all reasonable expenses, including attorney's fees, caused by the refusal or failure to confer.

The Court will not entertain a request or a motion to resolve a disclosure or discovery dispute unless

Civil L.R. 37-1(a)

👤 Judge Kang — standing order

Nothing posted.

Hearings & Calendar
When does the judge hear civil motions?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Kang — standing order

“Civil Law and Motion is generally heard on Thursdays at 1:30 p.m. unless otherwise ordered by the Court.” · Judge Kang's Civil Standing Order

“When Judge Kang is on criminal duty, Civil Law and Motion is heard on Thursdays at 2:30 p.m. or as otherwise ordered by the Court.” · Judge Kang's Civil Standing Order

How do you get a hearing date? Self-notice on the motion day, reserve with the courtroom deputy first, or the court sets it? Notice period? Closed dates?
🏛 N.D. Cal. local rule

Except as otherwise ordered or permitted by the assigned Judge or these Local Rules, and except for motions made during the course of a trial or hearing, all motions must be filed, served and noticed in writing on the motion calendar of the assigned Judge for hearing not less than 35 days after filing of the motion. (p. 30)

Fed. R. Civ. P. 6(d), which extends deadlines that are tied to service (as opposed to filing), does not apply and thus does not extend this deadline. (p. 30)

On the first page in the space opposite the caption and below the case number, the noticed hearing date and time; (p. 30)

In the first paragraph, notice of the motion including date and time of hearing; (p. 30)

A Judge who will be absent from the District for one court day or more shall post a notice to that effect on the official calendar of the Court. (p. 10)

Civil L.R. 7-2(a), (b)(1)-(2); 1-5(p)

👤 Judge Kang — standing order

“The Parties should notice civil motions for hearing in accordance with the Civil Local Rules (however, with respect to discovery disputes, counsel should review and follow the procedure in Judge Kang's Standing Order for Discovery in Civil Cases).” · Judge Kang's Civil Standing Order

“Counsel need not reserve hearing dates but should check Judge Kang's calendar (at https://www.cand.uscourts.gov under "Calendar" and "Judges' Weekly Calendars") before noticing civil motions for hearing to confirm the Court's availability.” · Judge Kang's Civil Standing Order

“Noticed dates may be reset by the Court as Judge Kang's calendar requires or as otherwise ordered by the Court.” · Judge Kang's Civil Standing Order

Is there oral argument by default, or is it decided on the papers? Can the court vacate the hearing?
🏛 N.D. Cal. local rule

In the Judge’s discretion, or upon request by counsel and with the Judge’s approval, a motion may be determined without oral argument or by telephone conference call. (p. 30)

Unless otherwise ordered, a Motion for Administrative Relief is deemed submitted for immediate determination without hearing on the day after the opposition is due. (p. 34)

Civil L.R. 7-1(b); 7-2(a); 7-11(c)

👤 Judge Kang — standing order

“After the Court has received the joint letter, the Court will determine what future proceedings, if any, are necessary.” · Judge Kang's Discovery Standing Order

“The Court may resolve the dispute, request additional or more fulsome briefing, order the Parties to further meet and confer in-person at the courthouse with lead trial counsel (and/or in-house counsel) in attendance, set an in-person hearing, or otherwise instruct the Parties.” · Judge Kang's Discovery Standing Order

How do you request oral argument (or a hearing) if it isn't automatic?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Kang — standing order

Nothing posted.

Does the judge issue tentative rulings? When and where are they posted, and what do you do if you submit on one?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Kang — standing order

Nothing posted.

Can you appear remotely (phone/video)? How and when to request it?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Kang — standing order

“All litigants must appear in person unless otherwise ordered by the Court.” · Judge Kang's Civil Standing Order

“Absent compelling circumstances, the Court will generally not grant a motion for administrative relief to appear by videoconference or telephonically for Parties or counsel who reside or have an office located within any of the Bay Area counties (Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, and Sonoma) or are otherwise located within 100 miles of the courthouse.” · Judge Kang's Civil Standing Order

“Permission for a Party to attend by remote means (e.g., videoconference/Zoom or telephone) may be granted, in the Court's discretion and on a case-by-case basis, only if a Party files a motion for administrative relief at least two (2) weeks in advance of the motion hearing should the Court determine that good cause exists to excuse personal attendance and that personal attendance is not needed in order to have an effective hearing.” · Judge Kang's Civil Standing Order

“Parties are not to email requests seeking extensions of dates, remote appearances, or status updates on cases.” · Judge Kang's Civil Standing Order

“In the event that the Court orders a discovery hearing after reviewing a joint letter, lead trial counsel shall appear in person at that hearing along with any other counsel knowledgeable about the matter(s) in dispute.” · Judge Kang's Discovery Standing Order

“Permission for a Party or a specific counsel to attend by videoconference may be granted, in the Court's discretion, only upon written request filed with the Court at least two (2) weeks in advance of the hearing should the Court determine that good cause exists to excuse personal attendance and that personal attendance is not needed in order to have an effective discovery hearing.” · Judge Kang's Discovery Standing Order

Does the judge encourage or guarantee argument by newer attorneys?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Kang — standing order

“In the joint case management conference statement, any law firm with more than 25 lawyers nationwide shall submit a specific plan for how that firm intends, in this case, to provide opportunities for less experienced lawyers (six years or less out of law school) to develop skills by participating meaningfully in court and in the case, including a plan for such lawyers to argue motions in court, to take and defend depositions, to represent a Party in court at case management and other conferences, to present Party positions at settlement conferences, to present argument during pretrial conferences and during trial, to examine (including cross-examine) witnesses at trial, and to participate meaningfully at any other court proceeding.” · Judge Kang's Civil Standing Order

“Parties shall indicate in their motion or opposition papers (or by a separate notice filed contemporaneously therewith) if they intend to have a less experienced lawyer argue all or part of the motion and may request an in-person hearing for that purpose.” · Judge Kang's Civil Standing Order

“The Court strongly encourages Parties and senior lawyers to permit less experienced lawyers, including lawyers from historically under-represented groups and/or First Generation lawyers, to participate actively in proceedings by presenting argument or a Party's positions at a case management conference, motion hearing, settlement conference, pretrial conference, or at trial.” · Judge Kang's Civil Standing Order

“The Court is amenable to permitting a number of lawyers to present positions or argue for one Party if this creates an opportunity for such lawyers to participate.” · Judge Kang's Civil Standing Order

“The Court strongly encourages Parties and their law firms to permit less experienced lawyers, including lawyers from historically underrepresented groups and/or First Generation lawyers, to participate actively in proceedings by presenting argument at any discovery hearing scheduled by the Court.” · Judge Kang's Discovery Standing Order

“The Court is amenable to permitting a number of lawyers to argue for one Party if this creates an opportunity for such lawyers to participate.” · Judge Kang's Discovery Standing Order

How do you continue/adjourn a hearing?
🏛 N.D. Cal. local rule

a party who has filed a motion may file a notice continuing the originally noticed hearing date for that motion to a later date if: (p. 32)

No opposition has been filed; and (p. 32)

The notice of continuance is filed prior to the date on which the opposition is due pursuant to Civil L.R. 7-3(a). (p. 32)

After an opposition to a motion has been filed, the noticed hearing date may be continued to a subsequent date upon order of the assigned Judge. (p. 32)

Unless otherwise ordered by the Court, the continuance of the hearing of a motion does not extend the time for filing and serving the opposing papers or reply papers. (p. 32)

Any stipulated request or motion which affects a hearing or proceeding on the Court’s calendar must be filed no later than 14 days before the scheduled event. (p. 28)

Civil L.R. 7-7(a), (b), (d); 6-1(b)

👤 Judge Kang — standing order

“Parties seeking to continue hearings, request special status conferences, modify briefing schedules, or make any other procedural or scheduling changes shall submit a proposed order and fully executed stipulation explaining the need for the requested modification, or, if stipulation is not possible, a motion for administrative relief.” · Judge Kang's Civil Standing Order

“Continuances are generally disfavored and will be granted only upon a showing of good cause, with a particular focus on diligence (or lack thereof) by the Party seeking the continuance and prejudice that may result if the continuance is denied (or granted).” · Judge Kang's Civil Standing Order

“No scheduled or noticed case management, status, or pretrial conference will be continued by stipulation or agreement of the Parties alone.” · Judge Kang's Civil Standing Order

Courtroom technology and devices: equipment available; phones/laptops allowed; testing in advance
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Kang — standing order

Nothing posted.

Stated consequences for hearing-related noncompliance ⚠
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Kang — standing order

“Parties are not to email requests seeking extensions of dates, remote appearances, or status updates on cases.” · Judge Kang's Civil Standing Order

“Any email correspondence which is not requested by the Court will be ignored.” · Judge Kang's Civil Standing Order

Summary Judgment
How many SJ motions may each party (or side) file, and how do you get leave for more?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Kang — standing order

“For summary judgment motions, each Party or side in an action is presumptively limited to filing one summary judgment motion.” · Judge Kang's Civil Standing Order

“Any Party wishing to exceed this limit must request leave of the Court well in advance of the dispositive motions deadline.” · Judge Kang's Civil Standing Order

“Counsel are encouraged and expected to raise any such issue in connection with case management statements and conferences.” · Judge Kang's Civil Standing Order

What page limits apply to SJ briefs, where they differ from the general motion limits?
🏛 N.D. Cal. local rule

In one filed document not exceeding 25 pages in length, a motion must contain: (p. 30)

Unless the Court expressly orders otherwise pursuant to a party’s request made prior to the due date, briefs or memoranda filed with opposition papers may not exceed 25 pages of text and the reply brief or memorandum may not exceed 15 pages of text. (p. 32)

Civil L.R. 7-2(b); 7-4(b)

👤 Judge Kang — standing order

“Briefing shall comply with Civil Local Rules 7-2 through 7-5.” · Judge Kang's Civil Standing Order

Do you need the court's permission, a pre-motion conference or letter, a status report, or advance notice before filing?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Kang — standing order

Nothing posted.

Can you move for SJ before discovery closes?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Kang — standing order

Nothing posted.

When must the motion be filed or heard, and on what briefing schedule?
🏛 N.D. Cal. local rule

Motions for summary judgment or summary adjudication and opposition to such motions must be noticed as provided in Civil L.R. 7-2 and 7-3. (p. 65)

Except as otherwise ordered or permitted by the assigned Judge or these Local Rules, and except for motions made during the course of a trial or hearing, all motions must be filed, served and noticed in writing on the motion calendar of the assigned Judge for hearing not less than 35 days after filing of the motion. (p. 30)

The opposition must be filed and served not more than 14 days after the motion was filed. (p. 31)

The reply to an opposition must be filed and served not more than 7 days after the opposition was due. (p. 31)

Civil L.R. 56-1; 7-2(a); 7-3(a), (c)

👤 Judge Kang — standing order

“Briefing shall comply with Civil Local Rules 7-2 through 7-5.” · Judge Kang's Civil Standing Order

Before filing, must the movant confer with or serve SJ papers on the opponent, and how far ahead?
🏛 N.D. Cal. local rule

If the assigned Judge orders the submission of a joint statement of undisputed facts, the parties shall confer and submit, on or before a date set by the assigned Judge, a joint statement of undisputed facts. (p. 65)

Civil L.R. 56-2(b)

👤 Judge Kang — standing order

“Unless otherwise ordered, the Parties shall meet and confer no later than forty-five (45) calendar days before the end of fact discovery to determine if they will file cross-motions for summary judgment.” · Judge Kang's Civil Standing Order

What kind of fact statement does the judge want? ⚠
🏛 N.D. Cal. local rule

Unless required by the assigned Judge, no separate statement of undisputed facts or joint statement of undisputed facts shall be submitted. (p. 65)

If the nonmoving party refuses to join in the statement, the moving party will nevertheless be permitted to file the motion, accompanied by a separate declaration of counsel explaining why a joint statement was not filed. (p. 65)

Civil L.R. 56-2(a)-(b)

👤 Judge Kang — standing order

“Separate statements of proposed undisputed facts and/or conclusions of law are prohibited, and thus, will not be considered by the Court.” · Judge Kang's Civil Standing Order

“Joint statements of undisputed facts are encouraged and should be filed if agreed upon.” · Judge Kang's Civil Standing Order

Is there a cap on the fact statement (and the response)?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Kang — standing order

Nothing posted.

How must the fact statement and responses be laid out?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Kang — standing order

Nothing posted.

How do you raise evidentiary objections to the other side's SJ evidence?
🏛 N.D. Cal. local rule

Any evidentiary and procedural objections to the motion must be contained within the brief or memorandum. (p. 31)

Any evidentiary and procedural objections to the opposition must be contained within the reply brief or memorandum. (p. 31)

If new evidence has been submitted in the reply, the opposing party may file and serve an Objection to Reply Evidence, which may not exceed 5 pages of text, stating its objections to the new evidence, which may not include further argument on the motion. (p. 31)

Civil L.R. 7-3(a), (c), (d)(1)

👤 Judge Kang — standing order

“Briefing shall comply with Civil Local Rules 7-2 through 7-5.” · Judge Kang's Civil Standing Order

How must SJ evidence be assembled?
🏛 N.D. Cal. local rule

Factual contentions made in support of or in opposition to any motion must be supported by an affidavit or declaration and by appropriate references to the record. (p. 32)

Civil L.R. 7-5(a)

👤 Judge Kang — standing order

Nothing posted.

Do you file full deposition transcripts or only the cited excerpts?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Kang — standing order

“If Parties submit excerpts of deposition transcripts in support of or opposition to a motion for summary judgment, they shall highlight the relevant portions for ease of reference.” · Judge Kang's Civil Standing Order

In the brief, do you cite the record, the fact statement, or both? Must the brief carry its own statement of facts?
🏛 N.D. Cal. local rule

Content. In addition to complying with the applicable provisions of Civil L.R. 3-4, a brief or memorandum of points and authorities filed in support, opposition, or reply to a motion must contain: (p. 31)

A succinct statement of the relevant facts; and (p. 31)

Civil L.R. 7-4(a)(4)

👤 Judge Kang — standing order

“Briefing shall comply with Civil Local Rules 7-2 through 7-5.” · Judge Kang's Civil Standing Order

If the motion or opposition depends on excluding an expert, how and when must the challenge be raised?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Kang — standing order

Nothing posted.

How are cross-motions handled?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Kang — standing order

“The Parties may agree to reverse the briefing sequence, and may have the defense side file its opening brief first, without order of the Court.” · Judge Kang's Civil Standing Order

“The first two briefs are limited to twenty-five (25) pages each; the third brief is limited to twenty (20) pages; and the fourth brief is limited to fifteen (15) pages.” · Judge Kang's Civil Standing Order

“Before the first brief is filed, the Parties shall submit a stipulation and proposed order setting a briefing schedule for the cross-motions and a general, one-sentence description of the subject matter of each of the cross-motions.” · Judge Kang's Civil Standing Order

“The proposed schedule shall require that the fourth brief must be filed at least twenty-one (21) calendar days before the hearing date on the cross-motions.” · Judge Kang's Civil Standing Order

“If the parties agree to change the procedure or scheduling for cross-motions for summary judgment, they may submit a stipulation and proposed order explaining the grounds for such requested change.” · Judge Kang's Civil Standing Order

Will the judge entertain SJ in a non-jury case?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-17).

👤 Judge Kang — standing order

Nothing posted.

What consequences does the judge's own text state for SJ noncompliance? ⚠
🏛 N.D. Cal. local rule

An affidavit or declaration not in compliance with this rule may be stricken in whole or in part. (p. 32)

Whether or not sanctions should be imposed for failure to file a joint statement of undisputed facts is a matter within the discretion of the assigned Judge. (p. 65)

Civil L.R. 7-5(b); 56-2(b)

👤 Judge Kang — standing order

“Separate statements of proposed undisputed facts and/or conclusions of law are prohibited, and thus, will not be considered by the Court.” · Judge Kang's Civil Standing Order

Pro Hac Vice
What does PHV admission cost, who pays it, and is it ever waived?
🏛 N.D. Cal. local rule

At the time the application is submitted, an attorney requesting to practice under Civil L.R. 11-3 must pay to the Clerk the Pro Hac Vice admission fee set by the Court's fee schedule. (p. 39)

If the assigned Judge rejects the application, the fee will be refunded at the attorney's request. (p. 39)

Fee schedule; Civil L.R. 11-3(d)-(e)

👤 Judge Kang — standing order

Nothing posted.

Must PHV counsel associate with local counsel (a member of this court's bar), and who qualifies?
🏛 N.D. Cal. local rule

(3) That an attorney, identified by name and office address, who is a member of the bar of this Court in good standing and who maintains an office within the State of California, is designated as co-counsel. (p. 39)

Civil L.R. 11-3(a)(3)

👤 Judge Kang — standing order

Nothing posted.

Who files the PHV motion or application: the applicant, or local or sponsoring counsel?
🏛 N.D. Cal. local rule

An attorney who is not a member of the bar of this Court may apply to appear pro hac vice in a particular action in this district by submitting to the Clerk, together with the written application, a true and correct copy of a certificate of good standing or other similar official document issued by the appropriate authority governing attorney admissions for the relevant bar. (p. 38)

Civil L.R. 11-3(a); admission page

👤 Judge Kang — standing order

Nothing posted.

What proof of good standing is required (a certificate or a sworn statement), from which bars, and how recent?
🏛 N.D. Cal. local rule

An attorney who is not a member of the bar of this Court may apply to appear pro hac vice in a particular action in this district by submitting to the Clerk, together with the written application, a true and correct copy of a certificate of good standing or other similar official document issued by the appropriate authority governing attorney admissions for the relevant bar. (p. 38)

must be dated no more than one year prior to the date of application for admission. (p. 39)

Civil L.R. 11-3(a)

👤 Judge Kang — standing order

Nothing posted.

What must the PHV motion or application contain, and must (or may not) a particular form be used?
🏛 N.D. Cal. local rule

The applicant must also submit an oath certifying the following: (1) That he or she is an active member in good standing of the bar of a United States Court or of the highest court of another state or the District of Columbia, specifying such bar; (2) That he or she agrees to abide by the Standards of Professional Conduct set forth in Civil L.R. 11-4, and to become familiar with the Local Rules and Alternative Dispute Resolution Programs of this Court and, where applicable, with the Bankruptcy Local Rules; (3) That an attorney, identified by name and office address, who is a member of the bar of this Court in good standing and who maintains an office within the State of California, is designated as co-counsel. (4) The number of times the applicant has been granted pro hac vice admission by the Court in the 12 months preceding the application. (p. 39)

Civil L.R. 11-3(a)(1)-(4); court form

👤 Judge Kang — standing order

Nothing posted.

By when must the PHV motion be filed or granted: before a filing, before a conference, or at the first appearance? Is an oral motion allowed?
🏛 N.D. Cal. local rule

An attorney seeking to appear pro hac vice must submit the application and admission fee at the time of the filing of a complaint or the attorney's first appearance in the case. A failure to meet this deadline may result in denial of the application. (p. 39)

Except as provided in Civil L.R. 11-2, 11-3, and 11-9, and Fed. R. Civ. P. 45(f), an attorney must be a member of the bar of this Court to practice in this Court and in the Bankruptcy Court of this District. (p. 37)

Civil L.R. 11-3(b); 11-1(a)

👤 Judge Kang — standing order

Nothing posted.

Must PHV counsel register for ECF (or is it barred), and by when?
🏛 N.D. Cal. local rule

admission page

👤 Judge Kang — standing order

Nothing posted.

What must local counsel do once PHV counsel is in the case (attend conferences or hearings, sign filings, know the case, accept service, answer for PHV counsel)?
🏛 N.D. Cal. local rule

Service of papers on and communications with local co-counsel designated pursuant to Civil L.R. 11-3(a)(3) shall constitute notice to the party. (p. 39)

(2) If not proceeding pro se and if proceeding pro hac vice in conformity with Civil L.R. 11-3, following the information required in Civil L.R. 3-4(a)(1), the name, address, telephone and state bar number of the member of the bar of the Court who maintains an office within the State of California; and (p. 12)

Civil L.R. 11-3(f); 3-4(a)(2)

👤 Judge Kang — standing order

Nothing posted.

Must the PHV motion state the other parties' position or consent, or confer with them first? When may the other side oppose?
🏛 N.D. Cal. local rule

No local rule on this point (checked, as of 2026-10-24).

👤 Judge Kang — standing order

Nothing posted.

What consequences does the judge's own text state for PHV problems (revocation of PHV status, denial, a duty to bring in local counsel)? ⚠
🏛 N.D. Cal. local rule

A failure to meet this deadline may result in denial of the application. (p. 39)

The Clerk will not present an application to the assigned Judge unless the filing fee has been paid or a request to waive the filing fee has been submitted. (p. 39)

Civil L.R. 11-3(b), (e)

👤 Judge Kang — standing order

“Failure to comply with any of the applicable rules and orders, including this Standing Order, may be deemed sufficient grounds for sanctions (monetary or otherwise), revocation of pro hac vice admission, referral to appropriate state or local bar authorities, dismissal, entry of default judgment, or other appropriate sanctions.” · Judge Kang's Civil Standing Order

Are attorneys who live, work, or are barred in this state excluded from PHV and sent to full admission?
🏛 N.D. Cal. local rule

Unless authorized by an Act of Congress or by an order of the assigned Judge, an applicant is not eligible for permission to practice pro hac vice if the applicant: (1) Resides in the State of California; or (2) Is regularly engaged in the practice of law in the State of California. This disqualification shall not be applicable if the pro hac vice applicant (i) has been a resident of California for less than one year; (ii) has registered with, and completed all required applications for admission to, the State Bar of California; and (iii) has officially registered to take or is awaiting results from the California State Bar exam. (p. 39)

Civil L.R. 11-3(c)

👤 Judge Kang — standing order

Nothing posted.

Is there a cap on how often an attorney may appear PHV, or a required disclosure of past PHV applications?
🏛 N.D. Cal. local rule

(4) The number of times the applicant has been granted pro hac vice admission by the Court in the 12 months preceding the application. (p. 39)

Civil L.R. 11-3(a)(4)

👤 Judge Kang — standing order

Nothing posted.

Do government attorneys need PHV admission, and are they exempt from the fee or local counsel?
🏛 N.D. Cal. local rule

An attorney employed or retained by the United States government or any of its agencies may, without satisfying the membership requirements of LR 11-1, practice in this Court in all actions or proceedings within the scope of his or her employment or retention by the United States. (p. 38)

Civil L.R. 11-2

👤 Judge Kang — standing order

Nothing posted.

Other procedures for Judge Kang
Before You File
Ex parte applications
🏛 N.D. Cal. local rule

7-10. Ex Parte Motions Unless otherwise ordered by the assigned Judge, a party may file an ex parte motion, that is, a motion filed without notice to opposing party, only if a statute, Federal Rule, local rule, or Standing Order authorizes ex parte filing. The motion must include a citation to the statute, rule, or order which permits the use of an ex parte motion to obtain the relief sought. Civ. L.R. 7-10 ↗

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

(b) Length. Unless the Court expressly orders otherwise pursuant to a party’s request made prior to the due date, briefs or memoranda filed with opposition papers may not exceed 25 pages of text and the reply brief or memorandum may not exceed 15 pages of text. Civ. L.R. 7-4(b) ↗

Reply

(b) Length. Unless the Court expressly orders otherwise pursuant to a party’s request made prior to the due date, briefs or memoranda filed with opposition papers may not exceed 25 pages of text and the reply brief or memorandum may not exceed 15 pages of text. Civ. L.R. 7-4(b) ↗

AI use & disclosure requirements
👤 Judge Kang — standing order

Addressed in detail (Civil Standing Order Section VII.C). Any brief/pleading/document whose text was created or drafted with AI must be identified as such (in the title/caption, a table preceding the body, or a separate contemporaneous Notice); counsel must maintain records sufficient to identify AI-drafted portions if requested. No AI-hallucinated citations or uncorroborated assertions of law/fact may be filed -- failure to verify is grounds for sanctions. Separate rules govern AI-generated EVIDENCE (must have been previously disclosed in discovery, requires a contemporaneous Notice to the opposing side identifying it, and requires supporting declarations on authenticity) and AI-generated EXHIBITS/DEMONSTRATIVES (same disclosure/no-hallucination rules). Confidentiality: counsel using third-party AI tools must comply with any protective order and keep records of prompts/inquiries submitted. Kang -- ai_disclosure_requirement ↗

Filing & Scheduling
Chambers / courtesy copies
👤 Judge Kang — standing order
Details

Pursuant to General Order 78, no paper or hard courtesy copies will be accepted by Judge Kang pending further order of the Court. Instead, courtesy copies of as-filed documents may be emailed to PHKpo@cand.uscourts.gov. In addition, any proposed stipulation or proposed order in a case subject to electronic filing shall be sent in Word format by email to PHKpo@cand.uscourts.gov. This address is to be used only for these purposes, unless otherwise directed by the Court.

Proposed orders
🏛 N.D. Cal. local rule

(f) Proposed Orders Proposed orders submitted by an ECF user in an ECF case shall be filed in PDF format, and attached to the applicable motion or other document. In addition, proposed orders shall be submitted in a standard word processing format (such as Microsoft Word) to the specific address on the Court’s website for emailing proposed orders to the assigned Judge. Proposed orders must conform to the requirements of the assigned Judge’s standing orders. Civ. L.R. 5-1(f) ↗

👤 Judge Kang — standing order

Pursuant to General Order 78, no paper or hard courtesy copies will be accepted by Judge Kang pending further order of the Court. Instead, courtesy copies of as-filed documents may be emailed to PHKpo@cand.uscourts.gov. In addition, any proposed stipulation or proposed order in a case subject to electronic filing shall be sent in Word format by email to PHKpo@cand.uscourts.gov. This address is to be used only for these purposes, unless otherwise directed by the Court.

Know Before You Go
👤 Judge Kang — deviations that burn people
  • Plaintiff (or removing defendant) must serve both the Civil Standing Order AND the Discovery Standing Order on all other parties within 7 calendar days of their appearance -- file a certificate of service with the Clerk.
  • Zoom calendar availability does not create a hybrid hearing option -- all parties must appear in person unless court orders otherwise.
  • Discovery disputes are governed by a separate Discovery Standing Order -- do not use Civil L.R. 7-2 noticed motion procedure.
  • If party files dispositive motion, consent/declination to magistrate jurisdiction must be filed simultaneously.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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