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

Hon. Eumi K. Lee

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

Get updates when Judge Lee'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 Lee — standing order

“Discovery in almost all cases will be referred to a magistrate judge.” · Judge Lee's Civil Standing Order

“The parties must follow the magistrate judge's procedures.” · Judge Lee's Civil Standing Order

“Disputes regarding any party's Patent Disclosures are referred to the assigned Magistrate Judge.” · Judge Lee's Patent 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 Lee — standing order

“At least seven (7) days before filing any motion, the moving party must meet and confer with the opposing party or parties in person or by videoconference.” · Judge Lee's Civil Standing Order

“The meet-and-confer requirement will be excused only under emergency circumstances where the moving party cannot reasonably comply.” · Judge Lee's Civil Standing Order

“Upon the development of an impasse with respect to discovery, the parties must first meet and confer; that is, counsel for each party shall meet and confer in person or via videoconference to attempt to resolve their dispute informally.” · Judge Lee's Civil Standing Order

“A mere exchange of letters, emails, or telephone calls does not satisfy the meet and confer requirement.” · Judge Lee's Civil 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 Lee — standing order

Nothing posted.

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 Lee — 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 Lee — standing order

Nothing posted.

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 Lee — standing order

Nothing posted.

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 Lee — standing order

Nothing posted.

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 Lee — standing order

“Close of Fact Discovery: The close of fact discovery is the date by which all discovery must be completed, including motions to compel, hearings on discovery motions, and any additional discovery resulting from orders on discovery motions.” · Judge Lee's Civil Standing Order

“Accordingly, all discovery requests shall be served sufficiently in advance of the close of fact discovery to allow the discovering party enough time prior to the cut-off date to challenge allegedly deficient responses via motion to compel and to receive the necessary responses if the motion is granted.” · Judge Lee's Civil 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 Lee — standing order

Nothing posted.

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 Lee — standing order

Nothing posted.

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 Lee — 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 Lee — standing order

“Civil Law & Motion” · JUDGE PAGE

“Wednesday” · JUDGE PAGE

“10:00 a.m.” · JUDGE PAGE

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 Lee — standing order

“Parties should review Judge Lee's calendar and scheduling notes on the website (https://cand.uscourts.gov/judges/ekl/lee-eumi-k) for the most recent information regarding when and where hearings are held and specific date availability.” · Judge Lee's Civil Standing Order

“Civil motions are heard by reservation only.” · Judge Lee's Civil Standing Order

“After reviewing the website, parties and counsel shall meet and confer to identify proposed hearing dates that are amenable to all relevant parties and counsel.” · Judge Lee's Civil Standing Order

“Parties shall jointly contact Judge Lee's Courtroom Deputy via email at eklcrd@cand.uscourts.gov to reserve a hearing date.” · Judge Lee's Civil Standing Order

“When reserving a hearing date, parties must indicate the number and type(s) of motions to be filed.” · Judge Lee's Civil Standing Order

“Once a hearing date is reserved, the motion(s) shall be filed within fourteen (14) days thereafter.” · Judge Lee's Civil Standing Order

“Failure to timely file any motion will result in the expiration of the hearing reservation without further notice to the parties, and the moving party must obtain a new reservation before filing the motion(s).” · Judge Lee'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 Lee — standing order

“If the Court determines that a hearing is not necessary, the hearing will usually be vacated no later than two (2) court days before the scheduled hearing date.” · Judge Lee's Civil 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 Lee — 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 Lee — standing order

“The Court may provide tentative rulings in advance of a motion hearing.” · Judge Lee's Civil Standing Order

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 Lee — standing order

“Unless the Court orders otherwise, case management conferences will be held remotely via Zoom.” · Judge Lee's Civil Standing Order

“Hearings on civil motions will be held in-person.” · Judge Lee's Civil Standing Order

“The Court will consider requests to appear via Zoom on a case-by-case basis.” · Judge Lee's Civil Standing Order

“Parties wishing to appear via Zoom shall file an administrative request to appear via Zoom and a proposed order at least one (1) week prior to the scheduled hearing date.” · Judge Lee's Civil 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 Lee — standing order

“The Court welcomes and encourages oral argument by less-experienced attorneys on any matters before the Court.” · Judge Lee's Civil Standing Order

“More experienced counsel for the same party may still offer argument for a few minutes at the end of the hearing.” · Judge Lee's Civil 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 Lee — standing order

“If a defendant files a motion to dismiss that is dispositive of the entire case, the parties can stipulate to move the initial case management conference to 21 days after the hearing on that motion.” · Judge Lee's Civil Standing Order

“Otherwise, the initial case management conference generally will not be moved.” · Judge Lee'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 Lee — standing order

“Any demonstratives or audio-visual presentations to be used at a hearing must be exchanged with opposing counsel and submitted to the Court at least 48 hours before the hearing.” · Judge Lee's Civil Standing Order

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

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

👤 Judge Lee — standing order

“Failure to timely file any motion will result in the expiration of the hearing reservation without further notice to the parties, and the moving party must obtain a new reservation before filing the motion(s).” · Judge Lee'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 Lee — standing order

“Each party is limited to filing one (1) motion for summary judgment.” · Judge Lee's Civil Standing Order

“Any party wishing to exceed this limit must request leave of court.” · Judge Lee'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 Lee — standing order

“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 fifteen (15) pages for the reply brief: motions brought under Federal Rules of Civil Procedure 12, 23, 50, 56, 59, or 65; 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.” · Judge Lee's Civil Standing Order

“These page limits are maximums, not minimums.” · Judge Lee's Civil Standing Order

“Counsel and parties are encouraged to be concise.” · Judge Lee's Civil Standing Order

“Excess pages will not be considered by the Court.” · Judge Lee's Civil Standing Order

“The first two briefs are limited to 25 pages; the third brief is limited to twenty (20) pages; and the fourth brief is limited to fifteen (15) pages.” · Judge Lee'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 Lee — standing order

“At least seven (7) days before the opening brief is filed, the parties shall file a concise joint status report that identifies: (1) the claims, counterclaims, and defenses that remain to be decided; (2) the pleading in which each claim, counterclaim, or defense is asserted; and (3) each claim, counterclaim, defense, or issue for which a party will move for summary judgment.” · Judge Lee's Civil Standing Order

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 Lee — 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 Lee — standing order

“Generally, the briefing schedule for any motion shall allow at least fourteen (14) days between the final filing and the hearing date.” · Judge Lee's Civil Standing Order

“The briefing schedule for summary judgment, Daubert, and class certification motions shall allow at least 28 days between the final filing and the hearing date.” · Judge Lee's Civil Standing Order

“The Court will schedule a hearing for approximately four (4) weeks after the final brief has been submitted.” · Judge Lee'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 Lee — standing order

“At least seven (7) days before filing any motion, the moving party must meet and confer with the opposing party or parties in person or by videoconference.” · Judge Lee's Civil Standing Order

“During the conference, the moving party shall disclose the bases for its anticipated motion.” · Judge Lee's Civil Standing Order

“In the notice of motion, counsel for the moving party must certify that this meet-and-confer requirement has been satisfied, citing specifically to this section of the Civil Standing Order.” · Judge Lee's Civil Standing Order

“If the notice of motion does not include such a certification, the Court may strike the motion and order the moving party to re-file the motion with a certification once the meet-and-confer requirement has been met.” · Judge Lee's Civil Standing Order

“The meet-and-confer requirement will be excused only under emergency circumstances where the moving party cannot reasonably comply.” · Judge Lee's Civil Standing Order

“In such cases, the moving party must still certify that it has notified all other relevant parties in advance of filing its motion, and must detail the efforts made to meet and confer.” · Judge Lee's Civil Standing Order

“Unless otherwise ordered, the parties must meet and confer to determine if they will file cross-motions for summary judgment.” · Judge Lee'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 Lee — standing order

“Moving Separate Statement: Any party moving for summary judgment, partial summary judgment, or summary adjudication must include a separate, short and concise statement identifying each claim or defense for which the moving party contends there is no genuine issue to be tried.” · Judge Lee's Civil Standing Order

“Responsive Separate Statement: The papers opposing a motion for summary judgment, partial summary judgment, or summary adjudication must include a responsive separate statement which: (a) incorporates the moving separate statement; (b) indicates whether each of the facts listed in the moving separate statement is disputed or undisputed; and (c) identifies any additional material facts the party contends will establish a genuine issue to be tried.” · Judge Lee's Civil Standing Order

“Reply Separate Statement: The moving party may file a reply separate statement which incorporates and responds to the responsive separate statement in the same manner described above.” · Judge Lee's Civil Standing Order

“The reply separate statement shall not introduce any new asserted material facts.” · Judge Lee's Civil Standing Order

“Deemed Admitted Unless Controverted: Each numbered fact in the separate statements will be deemed to be admitted, for purposes of the motion only, unless specifically controverted by the opposing party, so long as the moving party meets its burden under Federal Rule of Civil Procedure 56.” · Judge Lee'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 Lee — standing order

“In most cases, the statement should not exceed fifteen (15) pages.” · Judge Lee's Civil Standing Order

“In most cases, the responsive separate statement should add no more than five (5) pages to the moving separate statement.” · Judge Lee's Civil Standing Order

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 Lee — standing order

“For each claim, defense, or part thereof, the moving separate statement must: (a) identify the relevant elements or issues; (b) list the asserted material facts establishing or negating those elements or issues; and (c) cite to record evidence demonstrating that the asserted material facts are undisputed (e.g., deposition testimony, declaration, or discovery response).” · Judge Lee's Civil Standing Order

“Upon filing, the moving party shall provide the moving separate statement to all other parties in Microsoft Word format for ease of response.” · Judge Lee's Civil Standing Order

“The moving separate statement must be organized in the form of a chart as shown in Attachment A.” · Judge Lee's Civil Standing Order

“If the opposing party contends that a fact is in dispute, the opposing party must cite to evidence in the record establishing the dispute.” · Judge Lee's Civil Standing Order

“The responsive separate statement must be organized in the form of a chart as shown in Attachment A.” · Judge Lee's Civil Standing Order

“Attestation: Each separate statement must be signed by counsel or unrepresented party who has reviewed the document and attests as follows: I attest that the evidence cited herein fairly and accurately supports or disputes the facts as asserted.” · Judge Lee's Civil Standing Order

“Additional Guidance: The separate statements shall not include argument in support of the summary judgment motion and shall not be used to circumvent the page limits that apply to summary judgment briefing.” · Judge Lee's Civil Standing Order

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 Lee — standing order

“Objections: Objections to evidence shall be contained within the objecting party's brief.” · Judge Lee'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 Lee — 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 Lee — standing order

Nothing posted.

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 Lee — standing order

“Parties should include only those facts that are actually cited in the briefs.” · Judge Lee's Civil Standing Order

“Facts that are not cited in the summary judgment briefs will not be considered.” · Judge Lee'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 Lee — standing order

“Daubert and Summary Judgment Motions: Motions challenging the reliability of expert testimony pursuant to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), shall be noticed for hearing no later than the summary judgment hearing deadline.” · Judge Lee's Civil Standing Order

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

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

👤 Judge Lee — standing order

“Unless otherwise ordered, the parties must meet and confer to determine if they will file cross-motions for summary judgment.” · Judge Lee's Civil Standing Order

“Where the parties submit cross-motions for summary judgment, only the following briefs will be allowed: (1) opening brief by the plaintiff side; (2) opening/opposition brief by the defense side; (3) opposition/reply brief by the plaintiff side; and (4) reply brief by the defense side.” · Judge Lee's Civil Standing Order

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

“Before the first brief is filed, the parties must submit a stipulation and proposed order setting a briefing schedule for the cross-motions.” · Judge Lee's Civil Standing Order

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

“The fourth brief must be filed at least 28 days before the hearing.” · Judge Lee'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 Lee — 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 Lee — standing order

“Deemed Admitted Unless Controverted: Each numbered fact in the separate statements will be deemed to be admitted, for purposes of the motion only, unless specifically controverted by the opposing party, so long as the moving party meets its burden under Federal Rule of Civil Procedure 56.” · Judge Lee's Civil Standing Order

“Facts that are not cited in the summary judgment briefs will not be considered.” · Judge Lee'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 Lee — 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 Lee — 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 Lee — 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 Lee — 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 Lee — 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 Lee — 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 Lee — 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 Lee — 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 Lee — 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 Lee — standing order

Nothing posted.

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 Lee — 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 Lee — 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 Lee — standing order

Nothing posted.

Other procedures for Judge Lee
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 Lee — standing order

VIII.H. Use of Generative AI Tools. Counsel is responsible for providing the Court with complete and accurate representations of the record, procedural history, and cited legal authorities. Use of ChatGPT or other such generative artificial intelligence tools is not prohibited, but counsel must personally confirm for themselves the accuracy of any research conducted by these means, and counsel alone bears ethical responsibility for all statements made in filings. Any submission containing AI-generated content must include a certification that lead trial counsel has personally verified the content's accuracy. Failure to include this certification or comply with this verification requirement will be grounds for sanctions. Counsel is responsible for maintaining records of all prompts or inquiries submitted to any generative AI tools in the event those records become relevant at any point. Judge Lee Civil Standing Order (Aug. 28, 2025), § VIII.H ↗

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

VII.C. Chambers Copies. The parties are required to submit one (1) chambers copy of all filings except for administrative motions. Chambers copies for sealing motions are addressed below in Section VII.D. Chambers copies should be double-sided and should bear the ECF filing 'stamp' (case number, docket number, date, and ECF page number) along the top of the page. All exhibits shall be clearly delineated with labels along the right side. If the filing includes exhibits over two-inches thick, the parties shall place the copies in a binder. Binders should not exceed three inches. The copies shall be marked 'Chambers Copy' and submitted to the Clerk's Office, in an envelope marked with 'Judge Lee,' the case number, and 'Chambers Copy.' Chambers copies shall be mailed for receipt or delivered to the Clerk's Office within two (2) court days after the materials are filed.

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 Lee — standing order

VIII.C. Proposed Orders. Each motion shall be accompanied by a proposed order pursuant to Civil Local Rule 7-2(c). Each proposed order shall comply with any applicable Civil Local Rule. All proposed orders should be filed in PDF form on ECF. In addition, the moving party should submit a Microsoft Word chambers copy only if the proposed order relates to: (1) a sealing motion; (2) a claim construction proceeding in a patent case; or (3) a motion for a temporary restraining order or preliminary injunction. The Word version chambers copy should be sent to eklpo@cand.uscourts.gov. The Court's signature block should not appear on a standalone page. The subject line of the email should include the case number and name, along with the title of the order.

More from Judge Lee’s procedures
👤 Judge Lee — standing order
Meet and confer

VIII.A. Meet and Confer Requirement. At least seven (7) days before filing any motion, the moving party must meet and confer with the opposing party or parties in person or by videoconference. During the parties' conference, the moving party shall disclose the bases for its anticipated motion. The purpose of this conference is to resolve or narrow disputed issues where possible to reduce motion practice. In the notice of motion, counsel for the moving party must certify that this meet-and-confer requirement has been satisfied, citing specifically to this section of the Civil Standing Order. If the notice of motion does not include such a certification, the Court may strike the motion and order the moving party to re-file the motion with a certification once the meet-and-confer requirement has been met. Source ↗

Know Before You Go
👤 Judge Lee — deviations that burn people
  • Reserve the hearing date BEFORE filing. Motion must be filed within 14 days of reservation or the reservation expires without notice — and you must get a new reservation before refiling.
  • Tiered page limits: 25/25/15 for Rule 12/23/50/56/59/65 motions (and anti-SLAPP, FLSA, SSA, claim construction); only 10/10/5 for all other motions including sanctions, stay, and compel arbitration.
  • Meet and confer at least 7 days before filing, in person or by videoconference (email and phone alone are insufficient). Must certify in the notice of motion or risk having the motion stricken.
  • Chambers copies required for all filings (except administrative motions) — unlike most CA-ND judges who have no courtesy copy requirement.
  • AI-generated content in any filing requires a certification that lead trial counsel personally verified accuracy. Missing certification = grounds for sanctions. Keep records of all AI prompts used.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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