Judge Rita F. Lin — United States District Court, Northern District of California

Delivery Address

United States District Court Office of the Clerk 450 Golden Gate Ave, 16th Floor San Francisco, CA 94102

Common Pitfalls in Refreshed Recollection and Prior Inconsistent Statements.pdf

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/RFL-CommonPitfallsInRefreshedRecollectionAndPriorInconsistentStatements_3-16-2026.pdf]

Common Pitfalls in Refreshed Recollection and Prior Inconsistent Statements Refreshing a witness’s recollection. See FRE 612.
Anything can be used to refresh a witness’s recollection, even if it is not itself admissible and regardless of whether the witness created it or has even seen it before. Counsel must make anything used to refresh recollection available to opposing counsel for review.
A witness may only testify from their refreshed present memory. A witness can’t just read a document to the jury. To refresh a witnesses’ recollection:

1. Ask the witness your question, without reference to any document.
2. If the witness cannot remember, ask if reviewing a document might refresh their recollection.
3. If the witness says yes, provide them the document and ask them to review it silently.
4. Take the document back from the witness or instruct them to turn it face down.
5. Ask the witness if their recollection has been refreshed.
6. If they say no, move on. If they say yes, ask your question again.
   If the document does not refresh the witness’s recollection—that is, if the witness still does not have a present memory of the fact—the contents of the document are admissible only if the requirements of FRE 803(5) (Recorded Recollection) are met or there is some other basis for admission.
   Do not read unadmitted portions of the document to the witness in front of the jury as a means of “refreshing” recollection. If you wish to refresh recollection with a recording, bring headphones or do it during a recess. Using a witness’s prior inconsistent statements. See FRE 613, 801(d)(1).
7. Ask the witness your question without reference to the prior statement. It’s not appropriate to begin a line of questioning, “Now, you stated at your deposition that….” Until a witness has testified at trial inconsistently with their prior statement, you may not recite their prior statement in front of the jury.
8. If you think their trial testimony is inconsistent with their prior statement, tell the Court and opposing counsel precisely which part of the prior statement you would like to read.
   a. You must have hard copies of the prior statement for the Court and opposing counsel to review. If you plan to play an audio or video recording, you must have hard copies of the transcript, if one exists. If you don’t, the Court cannot determine whether the statement is inconsistent, and you won’t be allowed to read or play the statement. (If there is no transcript, for example in a criminal case with lots of bodycam footage, you must be prepared to preview the content of the footage with the Court, preferably during a recess.)
   b. The Court may require you to read or play a longer excerpt to give the jury appropriate context (and opposing counsel may request this), so be sure you are prepared to do so (especially if you plan to play a recording).
9. With the Court’s permission, read or play the witness’s prior inconsistent statement.
10. Then you can move on, or you can ask the witness to explain the inconsistency. Opposing counsel may give the witness a chance to explain any inconsistency on cross or re‐direct.
    Note that only prior sworn statements may be admitted as substantive evidence. See FRE 801(d)(1)(A). Unsworn statements may be used to impeach, but the opposing side may request a limiting instruction.

Judge Lin’s Supplemental Questions for Juror Questionnaire

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/RFL-JurorQuestionnaireInfo.pdf]

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
JUDGE LIN’S STANDARD SUPPLEMENTAL QUESTIONS FOR JUROR QUESTIONNAIRES

The Standard Juror Questionnaire is available under the Standing Orders portion of Judge Lin’s webpage. As explained in the Court’s Standing Orders, the parties and the Court can include a maximum of ten supplemental questions on the questionnaire.

Criminal Trials

In criminal cases, Judge Lin commonly includes the following questions on the supplemental questionnaire, absent an objection from the parties:

1. Do you have any especially strong opinions or beliefs about race, immigration status, national origin, ethnicity, sex, gender identity, or sexual orientation that could affect your ability to serve as a fair and impartial juror? Yes ___ No ___. If yes, please explain:
2. Is there anything else about your experiences, opinions, or beliefs, whether religious, moral, ethical, or philosophical, that could affect your ability to serve as a juror? Yes ___ No ___. If yes, please explain:
3. In a criminal trial, the government has accused a person of committing a crime, but that person has denied committing the crime. The law requires you to presume that the defendant is innocent, and you may not convict the defendant unless the government has proved that the defendant is guilty of the crime beyond a reasonable doubt. The judge will provide you with instructions about the “reasonable doubt” standard later, but if the government doesn’t meet its burden under that standard, the jury may not convict the defendant, even if the defendant presents no evidence or witnesses. Do you have any concerns about presuming the defendant innocent and holding the government to its

burden of proving its case beyond a reasonable doubt? Yes ___ No . If yes, please explain:
4. It is the judge’s job, not the jury’s, to determine punishment. The law does not permit you to consider the issue of punishment because there are factors—factors having nothing to do with this trial—that will determine the appropriate sentence in the event you find the defendant guilty. Do you have any concerns about deciding this case without regard to potential punishment? Yes ___ No . If yes, please explain:
5. The trial likely will begin on [date] and should be done by [date]. The trial will be held every weekday except Tuesdays. The trial day will likely begin at 9:00 to 9:30 a.m. and end between 1:00 and 1:30 p.m., with two fifteen-minute breaks. Do you have any serious issues that prevent you from serving as a juror in this case (such as medical or public health concerns, prepaid travel plans, financial concerns, or family responsibilities)? Keep in mind that if you are unable to serve for this trial, you could be placed on another, longer trial in the coming months.
Yes No. If yes, please explain:

Civil Trials

In civil cases, Judge Lin commonly includes the following questions on the supplemental questionnaire, absent an objection from the parties:

1. This is a civil lawsuit about a dispute involving [general topic of the case (e.g., “allegedly defective tires” or “alleged employment discrimination”)]. Do you have any experiences or strong opinions that could affect your ability to serve as a juror in a case like this? Yes ___ No ___. If yes, please explain:

2. Do you have any especially strong opinions or beliefs about race, immigration status, national origin, ethnicity, sex, gender identity, or sexual orientation that could affect your ability to serve as a fair and impartial juror? Yes ___ No ___. If yes, please explain:

3. The trial likely will begin on [date] and should be done by [date]. The trial will be held every weekday except Tuesdays. The trial day will likely begin at 9:00 to 9:30 a.m. and end between 1:00 and 1:30 p.m., with two fifteen-minute breaks. Do you have any serious issues that prevent you from serving as a juror in this case (such as medical or public health concerns, prepaid travel plans, financial concerns, or family responsibilities)? Keep in mind that if you are unable to serve for this trial, you could be placed on another, longer trial in the coming months.
   Yes___ No___. If yes, please explain:

Judge Lin's Civil Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/RFL-CivilStandingOrder-5-7-2026.pdf]

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

STANDING ORDER FOR CIVIL CASES BEFORE JUDGE RITA F. LIN

EMERGENCY APPLICATIONS ...................................................................................... 2 SCHEDULING AND HEARINGS .................................................................................... 2 AMENDED PLEADINGS ................................................................................................. 3 CASE MANAGEMENT CONFERENCES ....................................................................... 3 DISCOVERY ...................................................................................................................... 4 FILING AND COURTESY COPIES ................................................................................. 5 PROPOSED ORDERS ....................................................................................................... 6 MOTIONS TO SEAL ......................................................................................................... 6 BRIEFS ............................................................................................................................... 7 SUMMARY JUDGMENT ................................................................................................. 7 EXPERTS AND THEIR REPORTS .................................................................................. 8 CLASS ACTIONS .............................................................................................................. 8 ERISA CASES ................................................................................................................. 12 PATENT CASES .............................................................................................................. 12 SECURITIES CASES ...................................................................................................... 13 PARTIES UNREPRESENTED BY AN ATTORNEY .................................................... 14

The parties shall follow the Federal Rules of Civil Procedure, the Civil Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court’s standing orders.

Paper courtesy copies shall not be submitted unless the Court requests them.

EMERGENCY APPLICATIONS

Counsel should call and email Judge Lin’s Courtroom Deputy to alert the Court of the filing of any application for a temporary restraining order, a stipulation that requires a response from the Court within 24 hours, or any other emergency request. If the party seeking emergency relief does not show that it made every reasonable effort to notify the opposing party, at the earliest possible time, of its intent to seek emergency relief, the relief will not be granted.

SCHEDULING AND HEARINGS

Parties may consent at any time to proceed before a magistrate judge, which may result in a faster disposition of a case. Parties are free to withhold consent to proceed before a magistrate judge without adverse substantive consequences.

For any request, including stipulations, to continue a hearing, case management conference, or a deadline (other than an extension that the rules allow the parties to arrange between themselves without a court order), the parties must state how many extensions have been requested, whether the Court has granted those extensions, and whether the Court has stated that no further extensions will be granted. The parties must also list all existing deadlines and their proposed extensions. Absent extraordinary circumstances, stipulations seeking to move a deadline must be filed by no later than two court days prior to the deadline.

Counsel should not call to reserve hearing dates but should instead check Judge Lin’s calendar and Scheduling Notes on the Court’s website to make sure the desired date is not blocked and notice motions for any available date on the civil law and motions calendar. The parties may not specially set any matter at a time other than the regularly scheduled civil law and motions calendar without leave of the Court. Counsel for the moving party shall confer with opposing counsel about a mutually convenient hearing date before noticing any motion.

The Court may notify the parties in advance of the hearing that it will be heard via Zoom rather than in person, but the default rule is that motions are heard in person. Parties may stipulate/request to have a hearing by Zoom video, but they must do so at least one week in advance of the hearing. The Court may deny the request if it believes an in-person hearing would be more beneficial. The Court is disinclined to hold hearings via Zoom for complex or dispositive motions, or if counsel for all parties are based locally.

By default, motions to dismiss and remand will be submitted on the papers, and no hearing will be held. If a hearing is set by the parties, it will automatically be vacated. The Court will

set a hearing if necessary. The parties are free to request a hearing and explain why a hearing is necessary, and the request will be considered.

The Court does not generally issue tentative rulings. If the Court determines a hearing is not necessary, it will usually be vacated no later than two court days before the hearing. Often, a notice of questions will issue two to three court days before the hearing, to alert the parties of the Court’s principal questions.

Lengthy PowerPoint presentations will generally not be permitted during argument on motions, as they circumvent the page limits imposed on briefing. However, counsel may use demonstratives in responding to the Court’s questions, as long as they are provided to opposing counsel at least two hours before the hearing. Any such demonstratives will not be part of the record, so counsel should state verbally for the court reporter the relevant portion of the record being highlighted on the demonstrative (e.g., “page 5342 of the administrative record” or “page 12, line 5 of the Jones deposition”).

The Court strongly encourages parties to permit less experienced attorneys to actively participate in the proceedings by presenting argument at motion hearings or examining witnesses at trial.
Co-counsel with more experience may still offer argument for a few minutes at the end of the hearing. Parties may e-mail the Courtroom Deputy in advance of the hearing, with a copy to all other parties, to notify Judge Lin of their intent to utilize this provision.

AMENDED PLEADINGS

If a party files an amended pleading, they shall concurrently file a redlined or highlighted version comparing the amended pleading to the prior operative pleading.

CASE MANAGEMENT CONFERENCES

The attorney appearing at a case management conference need not be lead counsel but must have full authority to make decisions about any issue that may come up during the conference.

If a defendant files a motion to dismiss that is dispositive of the entire case, the parties may stipulate to vacate the initial case management conference, which will be reset by the Court after the motion to dismiss hearing. If the Court sets an initial case management conference while a motion to dismiss remains pending, the case management statement shall propose a full litigation schedule, including a proposed last day to amend pleadings.

Parties are typically expected to propose a schedule at the initial case management conference along the following lines:

● The trial date will almost always be 12-16 months after the date of the initial case management conference. The parties are advised that if a criminal trial is set on a date that conflicts with a civil trial, the criminal trial will take priority even if the civil

trial was set first. The civil trial may trail or be reset depending on the status of the conflicting criminal trial. ● The pretrial conference will be 4 weeks before the trial.
● The last day for a hearing on dispositive motions will be roughly two to three months before the pretrial conference, with three months preferred for more complex cases.
● The schedule should also include a last day to file dispositive motions and any related changes to the briefing schedule that differs from the local rules. ● The discovery cutoff will be roughly 3 weeks before the dispositive motions filing date, which means it will be at least 8 weeks before the dispositive motions hearing date. (The parties should consider whether to schedule expert discovery before or after the deadline for filing dispositive motions.)
● The schedule shall include a last date to notice depositions, which shall be at least 30 days before the close of fact discovery. ● A further case management statement will be due 60 days before the close of fact discovery and shall include an update on the status of discovery, pending and anticipated discovery disputes, and the anticipated timelines for filing any remaining discovery motions that need to be resolved prior to the discovery cut-off.
● In cases involving a large amount of document discovery, the parties shall propose a date for substantial completion of document production. ● The last day to amend pleadings will typically be 60 days after the initial case management conference.
● The parties should be prepared to present their preferred ADR process at the initial case management conference, and to propose a deadline for the parties to file a joint letter updating the court regarding the scheduling of the ADR proceeding (e.g., the date of the mediation and the name of the mediator). ● In putative class actions, the parties should propose a schedule through the class certification hearing. Additional dates will be set at a further case management conference to be scheduled in the order on class certification, but parties should anticipate in most cases that fact discovery will close around 60 days after the class certification order issues.

Parties who would like an expedited initial case management conference can request one by emailing Judge Lin’s Courtroom Deputy.

DISCOVERY

In the vast majority of cases, a magistrate judge will be assigned to preside over all discovery disputes. Once a magistrate judge is assigned, the parties should familiarize themselves with that magistrate judge’s standing orders.

Judge Lin sets discovery cut-off dates that are different than the default set by Civil Local Rule 37-3. The discovery cut-off set by Judge Lin is the date by which all discovery must be completed. This means that all hearings on discovery motions must occur, all orders resolving those motions must be issued, and all productions must be made by the cut-off date.
Accordingly, all discovery requests shall be served and all discovery motions filed sufficiently in

advance of the discovery cut-off date to allow enough time for discovery disputes to be presented to, heard by, and resolved by the Court. Any magistrate judge presiding over discovery is authorized to terminate as untimely discovery disputes that are presented to the Court too close to the cut-off date to allow sufficient time for a hearing and resolution before the cut-off date.
The initial case schedule will include a date, about 60 days before the cut-off date, by which the parties must submit a joint case management statement in which they shall expressly discuss any anticipated discovery disputes.

In the event that discovery is not referred to a magistrate judge, the following procedures pertain to discovery disputes before Judge Lin: If the parties cannot resolve their discovery dispute after a good faith effort in which a live conversation has occurred between counsel, they shall prepare and file a joint letter of no longer than 5 pages stating the nature and status of their dispute. Both sides must submit proposed orders as well. No exhibits may be submitted with the letter other than an excerpt of the specific discovery request or response that is the subject of the letter. The letter must be filed as soon as possible. The side seeking relief from the Court should prepare its portion of the letter first and then provide that to the opposing side so that the opposing side may prepare its response. The party seeking relief from the Court should file the letter. The Court may resolve the dispute on the papers or schedule a hearing. The joint discovery letter process does not apply to discovery disputes with third parties.

Parties requesting a protective order are encouraged to base any proposed order on the model protective orders on the Northern District’s website. When filing a proposed protective order, at the very beginning of their stipulation or motion, parties must indicate whether they have based their proposed order on one of the Northern District’s model protective orders. If they have, they must identify any deviations from the model order by submitting as an exhibit a redline comparison of their proposed order and the model order.

FILING AND COURTESY COPIES

Paper courtesy copies shall not be submitted unless the Court requests them.

All filing deadlines are at 5:00 p.m. (Pacific Time) unless otherwise ordered.

All exhibits to motions should be separately filed on ECF. For example, if the motion is Docket No. 30, and the declaration with 10 exhibits is Docket No. 31, Exhibit A would be filed as Docket No. 31-1, Exhibit B would be Docket No. 31-2, and so on. Electronically filed documents must be text-searchable PDFs whenever possible.

When a document filed on ECF is accompanied by more than 10 attachments, the filing party must also send the documents electronically to Judge Lin’s chambers’ Box.com storage.
Immediately after the ECF filing is complete, please email Judge Lin’s Courtroom Deputy at rflcrd@cand.uscourts.gov to request a secure link to upload the documents. Your email should identify the case number and the docket number associated with the documents you wish to upload. The uploaded documents should be the file-stamped versions with ECF headers. The name of each PDF file should include the type of document, a brief description of the document,

and the docket number. For example, a news release (docket number 61-2) filed as the first exhibit to a declaration (docket number 61-1), would be, “[61-2] Decl Doe Ex 1 - News Release.”

If certain attachments have been filed under seal (or provisionally filed under seal with an accompanying motion to seal), only the unredacted versions of the attachments should be uploaded to Box.com. The PDF files should be named first with the docket number associated with the redacted version of the document and second with the document number associated with the unredacted/sealed version of the document. E.g., “[61-2] [62-2] Decl Doe Ex 1 - News Release.” All attachments (sealed or unsealed) should then be organized so that they can be viewed in logical order. If you have concerns about the upload of sensitive documents to Box.com, please reach out to the Courtroom Deputy.

PROPOSED ORDERS

Proposed orders are not necessary for most substantive motions, such as motions for summary judgment, motions to dismiss, or preliminary injunction motions. The parties should submit proposed orders only in connection with administrative motions, ex parte applications, discovery disputes, and rulings that call upon the court to make factual findings (such as a motion to approve a class settlement or a motion for attorneys’ fees). All proposed orders should be sent in Microsoft Word compatible format to rflpo@cand.uscourts.gov.

MOTIONS TO SEAL

The Court requires strict compliance with Civil Local Rule 79-5 (with the exception of 79- 5(d)(2), as explained below). The Court strongly disfavors motions to seal. Public access to court records is a fundamental aspect of our democracy and justice system. The filing party must make a specific showing as to each statement or document to be sealed. Blanket requests that make generic reference to “competitive harm” are almost always insufficient. If a party files a request that is significantly overbroad or fails to provide a specific reason for sealing, the Court will consider denying the request in its entirety and placing all documents sought to be sealed on the public docket.

Each document filed under seal must be highlighted to show the proposed redactions. In the rare situation where a party believes it is appropriate to seal an entire document, the document filed under seal should be labeled to indicate that sealing is sought in full.

In addition to complying with Civil Local Rule 79-5(c)(3), the proposed order must identify the applicable legal standard and contain a brief explanation of how that standard and the requirements under Civil Local Rule 79-5(c)(1) are met.

If counsel has a complicated sealing motion, counsel shall file the Motion to Seal Summary Table linked under the Standing Orders tab of Judge Lin’s website. Also, if more than 10 documents are sought to be sealed, the filing party must deliver an electronic courtesy copy via Judge Lin’s chambers’ Box.com storage as detailed above.

Paper courtesy copies under Civil Local Rule 79-5(d)(2) shall not be submitted, provided that the document at issue is appropriately filed electronically under seal in an unredacted form.

BRIEFS

For summary judgment motions, class certification motions, motions for approval of class settlements, and claim construction, the briefs in support of and in opposition to the motions cannot exceed 25 pages, and reply briefs cannot exceed 15 pages. For all other motions, the briefs in support of and in opposition to the motions may not exceed 15 pages, and reply briefs may not exceed 10 pages. These page limits include summaries of argument and exclude the title page, table of contents, table of authorities, and exhibits. All briefs must use Times New Roman font (size 12), including in footnotes, and must be double spaced.

Parties shall not include substantive arguments in footnotes, and footnotes shall not be overly lengthy or used to exceed page limits. The Court may strike any filing that includes footnotes that do not comply with these requirements.

Motions to increase page limits will rarely be granted, but any such motion must be filed no later than two court days before the brief is due.

The final brief for any motion should be filed at least 14 days prior to the hearing on the motion.

When citing exhibits (including deposition testimony), briefs should identify the declaration to which the exhibit is attached, the letter or number of the exhibit, and the relevant page and, if available, line number (for example: “Smith Decl., Ex. 1, at 22:1-5”).

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 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. These obligations also apply to self-represented litigants.

SUMMARY JUDGMENT

In the event of cross-motions for summary judgment, the parties must file a total of four briefs sequentially, rather than three pairs of simultaneous briefs. Unless the parties agree to reverse the order (which they are free to do on their own), the opening brief is filed by the plaintiff side, the opening/opposition brief is filed by the defense side, the opposition/reply is filed by the plaintiff side, and the reply is filed by the defense side. The first two briefs are limited to 25 pages, the third brief is limited to 20 pages, and the fourth brief is limited to 15 pages. The parties may submit a stipulation and proposed order setting a briefing schedule for the cross-

motions in advance of the first brief, which will likely be signed so long as the fourth brief is due no later than 14 days before the hearing date.

The parties shall not file joint or separate statements of undisputed facts in connection with summary judgment motions.

At the summary judgment hearing and/or in the briefs, the parties should not hesitate to alert the Court of the need for a prompt ruling in light of their trial preparation schedule.

EXPERTS AND THEIR REPORTS

All witnesses who will provide expert testimony under Federal Rule of Evidence 702, 703, or 705, whether retained or non-retained, must be disclosed and must provide written reports in compliance with Federal Rule of Civil Procedure 26(a)(2)(B). All expert reports shall number each paragraph to facilitate any motion practice challenging the specifics of any opinions and shall include a table of contents. At the beginning of the report, the expert shall list and number each opinion to be proffered in the report and, if applicable, provide an executive opinion of each.

Any percipient witness who may also testify at trial with technical expertise akin to an independent expert shall be identified by name no later than the date of expert disclosures to allow for deposition, if necessary.

At the time of disclosure of a written report, the disclosing party must identify all written materials upon which the expert relies in that report and produce those materials if they have not done so previously.

CLASS ACTIONS

At the initial case management conference, the parties should be prepared to discuss whether they prefer to litigate cross-motions for summary judgment on liability with respect to the named plaintiffs before litigating the issue of class certification. The Court is of the view that this approach will often save a great deal of time and money and is therefore often in the defendant’s interest, but it requires the defendant’s consent, since a grant of summary judgment in the named plaintiff’s favor could end up giving unnamed class members a chance to opt in to a lawsuit where a legal issue has already been decided against the defendant.

In connection with motions for approval of class settlements, the parties shall comply with the requirements set forth in the Northern District’s Procedural Guidance for Class Action Settlements. In addition, the following shall apply:

Preliminary Approval

The Court conducts a searching inquiry at the preliminary approval stage to avoid the costs and pitfalls of proceeding to final approval of a settlement that is unlikely to satisfy Rule 23(e).

Release language should make clear that the class members are releasing claims based only on the identical factual predicate. Each proposed notice should make that clear as well. Hesse v. Sprint Corp., 598 F.3d 581, 590 (9th Cir. 2010).

The Court disfavors injunctions of current or future litigation in other courts based on conduct covered by the release, because the issue is generally better addressed by the assigned judges for such cases. If the parties seek an injunction, the motion for preliminary approval must explain why.

If a proposed notice to class members (or prospective class members) requires a written objection as a prerequisite to appearing in court to object to the settlement, the notice must specify that this requirement may be excused upon a showing of good cause. The Court will require only substantial compliance with the requirements for submitting an objection, and this should be made clear in any notice to class members.

The proposed settlement administrator must submit a declaration in support of the motion for preliminary approval that describes (a) any money or thing of value the administrator will receive in connection with administering the settlement beyond the fee described in the preliminary approval papers, including interest or float on settlement deposits, payments from depository banks, and any revenue-sharing, ownership percentage, or markups on settlement services from payment, claims processing, social media, or other vendors; (b) any amounts that class members or claimants could be charged by the administrator, its vendors, or its subcontractors in connection with the settlement, including interchange fees, dormancy fees, or retention of residual balances; (c) whether data about visitors to the settlement website or other settlement class data will be shared with third parties not involved in administering the settlement, including via trackers or pixels; (d) whether artificial intelligence will be used to administer the settlement by the administrator, its subcontractors, or its vendors and, if so, what safeguards will ensure accuracy and lack of bias; (e) a detailed fraud prevention plan, of which portions may be submitted under seal if necessary and which shall include a discussion of the availability of real-time fraud reporting, assessments to detect if an unusual number of payments are being sent to linked accounts, and measures taken to avoid unnecessary hurdles for valid claimants; and (f) any situations in which the administrator resigned or was terminated or suspended from its settlement administration duties before they were fully completed, and a description of why. To the extent available, the settlement administrator shall also include, for its five most recent class settlements, the total dollars spent on settlement administration (including class notice costs) per valid claim submitted.

Proposed class counsel’s declaration shall describe (a) what due diligence counsel performed regarding the proposed administrator’s approach to each of the above issues; (b) a description of any potential conflict of interest, or potential appearance of conflict of interest, for counsel or their litigation funder(s) in the selection of the administrator, including any financial relationship and any large gifts over $500; (c) class counsel’s assessment of whether settlement funds held in escrow will receive market-rate interest and be held in appropriately risk-free instruments, and the basis for that assessment; and (d) the basis for counsel’s conclusion that the proposed administration arrangements serve the best interests of the settlement class.

Notice and Claims Procedure

The proposed notices, claims forms, and other documents associated with preliminary approval should be sent in Microsoft Word compatible format to rflpo@cand.uscourts.gov.

For large settlements, the parties are encouraged to include an opt-out form and an objection form.

Proposed notices must be written in plain language without unnecessary acronyms. The parties should consider using the Notice Project’s model notices, which are available online. Parties should also ensure that the issues in the Federal Judicial Center’s Notice Checklist, are covered.

The notice plan should address whether a significant portion of the class does not speak English and if so, whether class notice in other language(s) should be provided.

The motion must discuss whether notice by email and/or social media, use of online claims and opt-out forms, and a website for the settlement are appropriate, and if not, explain why not. Any email notice shall include a plan for updating email addresses and making a second attempt at notice if the emails bounce back. Any social media or online publication notice plan shall explain in detail how widespread viewing of the notice by likely class members will be accomplished.

In a proposed settlement involving the distribution of money to a class, the motion must discuss whether unclaimed funds should be redistributed to class members who claimed their share, and if not, explain why not.

If the settlement requires class members to file claims, as opposed to simply receiving checks, the motion must address why that is appropriate.

Final Approval

In proposing a schedule for final approval of a class settlement, the parties must ensure that the motion for attorneys’ fees is filed at least 35 days before the deadline for

objecting to the settlement. The Court will make parties re-send notices if the motion for attorneys’ fees is filed late, which can be quite expensive. The proposed order granting final approval should list all dates relating to the administration of the settlement, including the dates for when the checks distributing the settlement fund payments will be mailed to class members.

The parties should file a proposed judgment separately from their proposed order granting final approval.

The final approval motion shall include an update from the settlement administrator on any notice problems, repeated issues of confusion among claimants, or fraud issues. If the notice plan included social media or online publication notice, the settlement administrator shall also provide information about the number of impressions, settlement website views, claim forms begun, and claim forms completed.

To permit an accurate lodestar cross-check, the attorneys’ fees motion should be supported with detailed summaries, including a breakdown of fees by task (e.g., prefiling investigation, preparing complaint, motion to dismiss, document review, depositions, mediation, etc.), the blended hourly rate for each task, and a detailed justification for the work done (e.g., nature of unusually complex work with expert, number of depositions or documents reviewed, etc.). If the lodestar is on the high side in light of the stage of the case, attorneys should support their motion with detailed billing records, which they may seek to file under seal.

Post-Distribution Accounting

Within 21 days after the settlement funds have been fully distributed to class members (but before distribution to cy pres recipients), class counsel will be required to file a Post- Distribution Accounting, as described in the Northern District’s Procedural Guidance for Class Action Settlements.

In addition to the information contained in the Guidance, the post-distribution accounting must discuss any significant or recurring concerns communicated by class members to the settlement administrator or counsel since final approval, any fraud or other issues in settlement administration since final approval, and how any concerns or issues were resolved. The Post-Distribution Accounting shall also include the administrator’s calculation of the total dollars spent on settlement administration (including class notice costs) per valid claim submitted.

The Court will typically withhold 10% of the attorneys’ fees and 100% of the settlement administration fee granted at final approval until after the Post-Distribution Accounting has been filed. The proposed order granting final approval should incorporate that provision, unless the parties’ approval motion explains why that provision would be particularly burdensome under the circumstances. With the Post-Distribution

Accounting, class counsel should submit a proposed order releasing the remainder of the fees.

The Court retains jurisdiction to reduce or claw back fees from class counsel or the settlement administrator after final approval if serious problems arise in the administration of the settlement.

ERISA CASES

In the event of cross-motions for judgment under Rule 52 of the Federal Rules of Civil Procedure, the parties shall file a total of four briefs sequentially, rather than three pairs of simultaneous briefs, as set forth in the “Summary Judgment” section above. No later than seven days before the Rule 52 hearing, the parties must also file joint proposed undisputed findings of fact and conclusions of law, and separately file disputed findings of fact and conclusions of law.
All factual findings must be supported by citations to all pertinent portions of the record.
Proposed findings of fact and conclusions of law shall be brief, written in plain English, and free of pejorative language. In addition to being filed, the proposed findings and conclusions must be emailed to the Court (rflpo@cand.uscourts.gov) in Word compatible format.

PATENT CASES

Only one summary judgment motion may be filed per party in each patent case, absent leave of court. Parties that are related entities are considered one party for purposes of this rule.

Technology tutorials will occur via Zoom on the Tuesday civil calendar at 1:30 p.m., and should generally be set for at least one week before the claim construction hearing. Visual aids are fine, and should be exchanged at least two hours beforehand. The default time limit will be 90 minutes of shared time, or 45 minutes per side. Judge Lin prefers an interactive tutorial that will allow her to ask questions.

Claim construction hearings will have a default time limit of 3 hours (90 minutes per side), and will go back and forth term-by-term. Visual aids or demonstrative exhibits are fine, as long as they are based on information contained in the papers already filed and are exchanged at least two hours beforehand. The Court will endeavor to provide the parties with a summary chart of its tentative claim construction order at least two court days prior to the hearing.

The Court will generally construe no more than ten terms. If more than ten terms are at issue, the parties must meet and confer before the preparation of the joint claim construction statement to narrow the number of terms to be construed by the Court and shall jointly propose the ten terms requiring construction. If a party genuinely believes that more than ten terms need to be construed, that party may request leave to designate additional terms for construction, pursuant to Civil Local Rule 7-11. The requesting party must demonstrate good cause and explain why other methods of limiting the terms at issue (such as the selection of representative terms or any grouping of terms by issues presented) would be ineffective. The request must be filed no later than two weeks before the deadline for filing the joint claim construction statement. If good

cause is shown, the Court will either agree to construe all terms at the originally scheduled hearing or schedule a second claim construction proceeding on the excess terms. If more than ten terms are submitted for construction without leave of court, the Court will construe only the first ten terms listed in the joint claim construction statement.

Prehearing claim construction conferences are generally not held, but parties may address prehearing issues at the tutorial or request a case management conference to be held at least two weeks prior to the hearing. If the parties anticipate witness testimony will be necessary, counsel shall alert the Court via a joint status report and request such a case management conference.

When a patent case also includes patent counterclaims, the Court will generally conduct one claim construction hearing covering all patents. In that situation, the claim construction briefing schedule will follow a four-brief sequence, following the page limits outlined above concerning cross-motions for summary judgment, with the plaintiff filing the first brief.

SECURITIES CASES

Within 14 days of service of the complaint (or consolidated complaint), the plaintiff shall file a chart summarizing the information required by 15 U.S.C. § 78u-4(b)(1) and (2), specifically identifying the allegations in the operative complaint as follows: (a) each statement alleged to have been false or misleading; (b) the speaker, date, and medium by which the statement was made; (c) the reason(s) the statement was false or misleading when made; and (d) the facts alleged to show that defendant(s) knew the statement false and/or misleading. The chart should clearly identify which statements or omissions are attributable to which defendants and, for each such defendant, the facts alleged which give rise to a strong inference that the defendant acted with the required state of mind at the relevant time. The chart must strictly adhere to the allegations in operative complaint and may not include any new or supplemental information or explanation.

If a motion to dismiss is granted with leave to amend, a new chart must be filed with the amended complaint. That new chart may not include alleged misstatements that were not included in the prior chart, absent leave of Court or stipulation by the parties pursuant to Federal Rule of Civil Procedure 15.

The chart should be organized in the following format:

Statement No. The Speaker(s), Date(s), and Medium False and Misleading Statements Reasons Statements Were False and Misleading When Made Facts Giving Rise to a Strong Inference of Scienter When: [date] [Direct quotation of the alleged false [Summarize arguments on [Summarize arguments on

Where: [e.g., press release] Speakers: [e.g., CEO] (Compl. ¶ __ )

and misleading statements.] scienter with specific references to paragraphs in the complaint.]

scienter with specific references to paragraphs in the complaint.]

PARTIES UNREPRESENTED BY AN ATTORNEY

Parties representing themselves, without the assistance of a lawyer, should visit the Court’s website, where they can learn more about the Court’s Legal Help Center, which provides free assistance for unrepresented parties over the phone. Parties can make an appointment by calling (415) 782-8982.

IT IS SO ORDERED.

Dated: May 7, 2026

Rita F. Lin United States District Judge

Judge Lin's Civil Trial Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/RFL-CivilTrialStandingOrder_11-5-2025.pdf]

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

STANDING ORDER FOR CIVIL TRIALS BEFORE JUDGE RITA F. LIN

SUMMARY TABLE OF DEADLINES (JURY TRIAL) ......................................................................... 2 FINAL PRETRIAL CONFERENCE ........................................................................................................ 4 PRETRIAL FILINGS ................................................................................................................................. 4 Box.com Link for Pretrial Filings (Due 28 Days Before PTC) ................................................................. 4 Proposed Supplemental Juror Questionnaire (Due 21 Days Before PTC) ............................................... 5 Proposed Jury Instructions (Due 21 Days Before PTC) ........................................................................... 5 Joint Pretrial Conference Statement (Due 14 Days Before PTC) ............................................................. 7 Motions in Limine with Oppositions (Due 14 Days Before PTC) ............................................................. 8 Involved Individuals List (Due 7 Days Before PTC) ................................................................................. 9 Verdict Forms (Due 7 Days Before PTC) ................................................................................................ 10 Statement of the Case (Due 7 Days Before PTC) .................................................................................... 10 Exhibit List (Due 7 Days Before PTC) .................................................................................................... 10 Email Submission of Pretrial Filings ...................................................................................................... 11 EXHIBITS ................................................................................................................................................. 11 Treatment of Exhibits During Trial ......................................................................................................... 12 DEPOSITION AND DISCOVERY DESIGNATIONS .......................................................................... 13 PRETRIAL ARRANGEMENTS ............................................................................................................. 13 THE JURY ................................................................................................................................................. 14 OBJECTIONS ........................................................................................................................................... 15 USING PRIOR STATEMENTS AND REFRESHING RECOLLECTION AT TRIAL..................... 16 WITNESSES ............................................................................................................................................. 16 TIME LIMITS .......................................................................................................................................... 17 BENCH TRIALS ...................................................................................................................................... 17

SUMMARY TABLE OF DEADLINES (JURY TRIAL)

DEADLINE
DATE
Meet and confer regarding pretrial conference, serve motions in limine
28 Days Before Pretrial Conference
Obtain Box.com link from courtroom deputy for uploading pretrial filings 28 Days Before Pretrial Conference Serve oppositions to motions in limine
21 Days Before Pretrial Conference
File proposed supplemental juror
questionnaire and proposed jury instructions
21 Days Before Pretrial Conference
File joint pretrial conference statement, motions in limine and oppositions to motions in limine
14 Days Before Pretrial Conference
File joint involved individuals list, proposed verdict forms, statement of the case, exhibit list
7 Days Before Pretrial Conference
Arrange for daily transcript or real-time reporting
14 Days Before Trial
File proposed order for bringing exhibit presentation equipment and technology into the building
14 Days Before Trial
Contact courtroom deputy regarding courtroom layout and technology
10 Days Before Trial
Joint filing of all designations of deposition testimony
7 Days Before Trial
Upload exhibits to Box.com storage
5 Days Before Trial
Provide court reporter with joint list of terms 5 Days Before Trial Prepare jury computer with admitted exhibits and exhibit list Morning of Closing Argument

SUMMARY TABLE OF DEADLINES (BENCH TRIAL)

DEADLINE
DATE
Meet and confer regarding pretrial conference, serve motions in limine
28 Days Before Pretrial Conference
Serve oppositions to motions in limine
21 Days Before Pretrial Conference
File trial briefs of no more than 10 pages, proposed findings of fact and conclusions of law, joint exhibit list, joint pretrial conference statement, and motions in limine and oppositions to motions in limine 7 Days Before Pretrial Conference
Arrange for daily transcript or real-time reporting
14 Days Before Trial
File proposed order for bringing exhibit presentation equipment and technology into the building
14 Days Before Trial
Contact courtroom deputy regarding courtroom layout and technology
10 Days Before Trial
Joint filing of all designations of deposition testimony
7 Days Before Trial
Upload exhibits to Box.com storage 5 Days Before Trial
Provide court reporter with joint list of terms 5 Days Before Trial Upload admitted exhibits to Box.com storage 7 Days After Trial

FINAL PRETRIAL CONFERENCE
1. The final pretrial conference will be held roughly 28 days before the start of trial.
Lead trial counsel for each party shall attend. The parties should meet and confer at least 28 days before the final pretrial conference about the matters discussed below.
PRETRIAL FILINGS
Box.com Link for Pretrial Filings (Due 28 Days Before PTC) 2. Instead of requiring paper binders of courtesy copies from the parties, Judge Lin uses an electronic binder to organize pretrial filings. Counsel shall contact Judge Lin’s Courtroom Deputy 28 days prior to the final pretrial conference to request a secure Box.com link to upload documents for the electronic binder. Counsel’s email should identify the case number and the trial date. All pretrial filings shall be uploaded to that link. The uploaded documents should contain the ECF version of each attachment, with its ECF header. The name of each PDF file should include the type of document, a brief description of the document, and the docket number. For example, a news release (docket number 61-2) filed as the first exhibit to a declaration (docket number 61-1), would be, “[61-2] Decl Doe Ex 1 - News Release.”
3. Judge Lin anticipates requests for sealing to be very limited at the trial stage. In the event that certain attachments have been filed under seal (or provisionally filed under seal with an accompanying motion to seal), only the unredacted versions of the attachments should be uploaded to Box.com. The PDF files should be named first with the docket number associated with the redacted version of the document and second with the document number associated with the unredacted/sealed version of the document. E.g., “[61-2] [62-2] Decl Doe Ex 1 - News Release.” All attachments (sealed or unsealed) should then be organized so that they can be

viewed in logical order. If you have concerns about the upload of sensitive documents to Box.com, please reach out to the Courtroom Deputy. Proposed Supplemental Juror Questionnaire (Due 21 Days Before PTC)
4. In advance of the trial, the Jury Office will send prospective jurors an online questionnaire. The questionnaire includes standard questions that are asked in every case, as well as a maximum of ten supplemental questions specific to a given case. One of those questions will ask about scheduling conflicts, so the parties should propose nine other questions.
The parties shall file these questions on the docket and submit a Microsoft Word compatible version to rflpo@cand.uscourts.gov. However, no argument may be included in this submission.
For a copy of the questions that Judge Lin tends to include in the supplemental questionnaire, see the Standing Orders section of Judge Lin’s website. A copy of the standard Civil Prospective Juror Questionnaire is available at https://cand.uscourts.gov/sites/default/files/wp-content/ uploads/forms/SurveyMonkey_Civil-questionnaire_01-01-2025.pdf, and can be found on the court website in the Attorneys section under Attorney Quick Links (or navigating to Main Menu

Attorneys > Attorney Practice Resources > Jury Materials > Jury Civil Questionnaire for Prospective Jurors).

The parties need not include a question that asks prospective jurors whether they know any of the individuals involved in the case. The prospective jurors will be given an “Involved Individuals” list when they are called in.
Proposed Jury Instructions (Due 21 Days Before PTC)
6. The parties shall file a joint set of proposed jury instructions, arranged in the order the parties propose the Court give the instructions.

The parties should use the Ninth Circuit Model Jury Instructions where possible.
Any modifications to a form instruction must be plainly identified by highlighting or tracked changes. 8. Instructions upon which the parties agree shall be identified as “Stipulated Instruction No. ____ Re ___________,” with the blanks filled in as appropriate.
9. If the parties disagree on an instruction, each party’s proposed version of the disputed instruction shall be provided and identified as “Disputed Instruction No. ____ Re ____________ Offered by _________________,” with the blanks filled in as appropriate. All proposed versions of the same instruction shall bear the same number. Following each set of proposed versions of a disputed instruction, each party shall explain, in no more than one page, why the Court should give that party’s proposed instruction.
10. If the parties dispute whether a particular instruction should be given at all, the proponent of the instruction shall provide proposed language, identified as “Disputed Instruction No. ____ Re ____________ Offered by _________________,” with the blanks filled in as appropriate. Following the disputed instruction, each party shall explain, in no more than one page, why the instruction should or should not be given.
11. If either party believes that a dispute about jury instructions must be resolved before opening statements, it must be raised when the proposed jury instructions are filed and at the pretrial conference. Otherwise, the Court will discuss jury instructions with the parties during trial, typically at the close of evidence prior to closing arguments. Judge Lin generally instructs the jury immediately before closing arguments begin. 12. Judge Lin generally permits jury questions and gives the following instruction at the outset of the trial: “If, during the trial, you have a question that you believe should be asked

of a witness, you may write out the question. Put it on a separate sheet of paper with your juror number on it. After the questioning of that witness by the attorneys is complete, I will give you an opportunity to hand your question to the courtroom deputy. I will discuss the question with the attorneys and decide whether it may be asked. Do not feel slighted or disappointed if your question is not asked. Your question may not be asked for a variety of reasons, including the reason that the question may call for an answer that is inadmissible for legal reasons. Also, do not guess the reason your question was not asked or speculate about what the answer might have been. Always remember that you are not advocates for one side or the other in this case. You are impartial judges of the facts.” Any objection to this procedure must be raised at the pretrial conference. Joint Pretrial Conference Statement (Due 14 Days Before PTC)
13. The parties shall file a Joint Pretrial Conference Statement that contains the following:
a. a brief description of all claims and defenses that remain to be decided (including whether any issues are for the Court to decide rather than the jury);
b. a statement of all relief sought;
c. a statement of all relevant stipulated or undisputed facts;
d. a list of all witnesses reasonably anticipated to be called at trial by each side;
e. a chart of the probable trial witnesses that lists, for each witness, a brief description of the topic of the testimony (e.g., “eyewitness to accident” or “expert on standard of care”), estimated time for direct examination, estimated time for cross examination, and any special considerations (e.g., use of an interpreter or, if multiple witnesses are proposed for the same topic, why the testimony is non-duplicative); and

f. if the parties request certain portions of trial testimony be sealed, a brief statement identifying what specific portion needs to be sealed, why the request is narrowly tailored and supported by compelling reasons, and why other measures would be insufficient. The Court can typically accommodate turning around the screens facing the gallery so exhibits may only be viewed by counsel and the witness, instructing the witness to testify without reading the confidential information out loud (e.g., referring to “paragraph 2 of exhibit 25 shown on the screen”), and allowing proposed redactions to the trial testimony and exhibits before releasing the public versions. If sealed testimony is required, all sealed witness testimony will typically be scheduled to occur together on a single trial day, even if that disrupts testimony by requiring the recall of witnesses, so please consider if sealing is truly necessary. Motions in Limine with Oppositions (Due 14 Days Before PTC)
14. Unless otherwise ordered by the Court, each party is limited to bringing ten motions in limine. Each motion should address a single, separate topic. Rather than trying to squeeze multiple topics into one motion in limine, the parties must seek relief from the ten- motion limit at least 35 calendar days before the final pretrial conference. That request for relief must list the topics of each motion in limine each side wishes to file.
15. Each motion should be clearly identified as “___________’s Motion in Limine
No. __ Re: ____________.”
16. The memoranda in support of and in opposition to each motion in limine shall be no longer than five pages. The moving party shall not file a reply brief.
17. Motions in limine shall be submitted as follows: At least 28 calendar days before the final pretrial conference, the moving party shall serve, but not file, the opening brief. At least

21 calendar days before the conference, the responding party shall serve, but not file, any opposition. Once the moving party has received the opposition, if any, that party should file both the motion and the opposition in the same filing (i.e., with the opposition attached as an exhibit) at least 14 calendar days before the final pretrial conference.
18. Daubert motions may be noticed for the pre-trial conference and will count toward the ten-motion limit. The parties should follow the same process as described above for these motions, except that the parties are allowed ten pages instead of five for both the opening and opposition briefs.
Statement of Objection to Unconscious Bias Video (Due 7 Days Before PTC)
19. Starting January 1, 2019, prospective jurors will be shown a video on unconscious bias in the jury office. A link to the video can be found at https://cand.uscourts.gov/attorneys/ attorney-practice-resources by going to the Jury Materials tab and the Introductory Video for Potential Jurors subtab. If a party objects to prospective jurors’ viewing this video, the party must file a short statement (not to exceed one page double-spaced) explaining its objection. The party should then alert the Court to its objection at the pretrial conference.
Involved Individuals List (Due 7 Days Before PTC)
20. The parties shall jointly file, and send in Word format to rflpo@cand.uscourts.gov, a list of people involved in the case. This list will be shown to prospective jurors during jury selection. The list should include counsel, members of the legal team who will sit at counsel table, the parties, the potential witnesses, and any other people significantly involved in the case. The list should be in alphabetical order by last name. Though the list may indicate titles (e.g., Dr. __ or Sergeant ____), it should not include information about the party with whom the individual is affiliated or their role (e.g., witness, etc.).

Verdict Forms (Due 7 Days Before PTC)
21. The parties shall file either a joint proposed verdict form, or, if they disagree, separate proposed verdict forms. Judge Lin prefers general verdict forms and generally does not approve special interrogatories in verdict forms unless there is a good reason. If a party proposes using special interrogatories, it must explain why doing so is appropriate by adding a footnote with that explanation to its proposed verdict form. Statement of the Case (Due 7 Days Before PTC)
22. The parties shall jointly file a proposed simplified Statement of the Case to be read to the jury during voir dire. Unless the case is extremely complex, this statement should not exceed one page (double-spaced).
Exhibit List (Due 7 Days Before PTC)
23. The parties shall file a joint exhibit list in tabular form with the following columns: (1) exhibit number; (2) name or brief description of the exhibit; (3) the exhibit’s purpose and sponsoring witness; (4) a brief description of any objections to the admissibility of the exhibit or, alternatively, a statement that the parties have stipulated to the exhibit’s admissibility; (5) a brief response to any objections; and (6) a blank column for the Court’s use.
Failure to comply with this paragraph could be deemed a waiver of all objections. Do not submit blanket or boilerplate objections to the opposing party’s exhibits; those will be disregarded and overruled.

Email Submission of Pretrial Filings
24. The proposed supplemental jury instructions, Joint Pretrial Conference Statement, jury instructions, involved individuals list, and verdict form(s) shall be submitted in Word format via e-mail to rflpo@cand.uscourts.gov when they are filed. EXHIBITS
25. The parties must jointly prepare a single set of all trial exhibits that will be the official record and, if applicable, used on appeal.
26. No later than 5 days before trial, the parties shall send exhibits to Judge Lin’s chambers’ Box.com storage. Each exhibit should be uploaded as a separate file, with each file named so that the exhibits appear sequentially when sorted by file name. The parties should discuss with Judge Lin and the Courtroom Deputy how they will handle showing exhibits to witnesses, including whether witness binders are necessary.
27. Exhibits shall be sequentially numbered (not lettered). If possible, parties shall use the same number to mark an exhibit for trial as that used in depositions. Blocks of numbers should be assigned to fit the needs of the case (e.g., Plaintiff has 1 to 100, Defendant A has 101 to 200, Defendant B has 201 to 300, etc.).
28. A single exhibit should be marked only once. If the plaintiff has marked an exhibit, the defendant should not re-mark the same document with another number. Different versions of the same document (e.g., versions of a document with and without additional handwriting), however, must be treated as different exhibits and marked with different numbers.
29. Do not have witnesses write or draw on an exhibit that has already been admitted in evidence. Bring extra copies and mark the exhibit with a new number, have the witness write

on the new exhibit, and then move to admit the new exhibit into evidence once all the markings have been made. Treatment of Exhibits During Trial
30. The parties must clearly announce the number of any exhibit used during the proceedings, even if it has already been admitted.
31. The parties must consult with each other and with the Courtroom Deputy at the end of each trial day about which exhibits are in evidence and any limitations thereon. If there are any disagreements, the parties should bring them promptly to the Court’s attention.
32. The parties must provide agreed-upon written transcripts of the content of any audio or video exhibit to be used at trial. Failure to provide an agreed-upon transcript by the day an exhibit is offered will preclude the exhibit’s admission.
33. At the close of evidence, before closing arguments, the parties must confer with the Courtroom Deputy to make sure the exhibits in evidence are in good order. At that time, the parties shall also agree upon an exhibit list of admitted exhibits with neutral descriptions, and shall load all admitted exhibits and the agreed-upon exhibit list onto Jury PC, which will be used to view the evidence during deliberations. Instructions for loading those exhibits are available at https://cand.uscourts.gov/judges/courtroom-technology/jury-pc-displaying-electronic-evidence- during-deliberations/.
34. Exhibit notebooks for the jury will not be permitted without prior permission from the Court.
35. Upon the conclusion of the trial, and unless otherwise ordered by the Court, exhibits offered during trial shall be filed on the docket within ten days of a trial verdict pursuant to Civil L.R. 5-1(g). Each party shall retain a full set of exhibits through the appellate process.

DEPOSITION AND DISCOVERY DESIGNATIONS
36. Unless otherwise ordered, no later than 7 days before trial begins, the parties shall jointly file all designations of deposition testimony or other discovery it wishes to offer, as well as any counter-designations or objections to the deposition testimony or discovery offered by any other party. In the same filing, the parties shall attach all excerpts of deposition testimony referenced in their designations and/or counter-designations, including the portions to which there are no objections. In addition to being filed, the designations chart must be emailed to the Court (rflpo@cand.uscourts.gov) in Word format, with a blank column in the table added for the Court’s ruling.
37. There is no need to lodge the full deposition transcripts before trial for purposes of cross-examination. The lawyers should simply be prepared to hand to the Court, opposing counsel, and the witness a copy of the witness’s deposition testimony once it is time to cross- examine them.
PRETRIAL ARRANGEMENTS
38. Should a daily transcript and/or real-time reporting be desired, the parties shall make arrangements with the Supervisor of the Court Reporting Services, at (415) 522-2079, at least 14 days before the trial date.
39. No later than five days before the start of trial, the parties must provide the Court Reporter a jointly-created list of names and places as well as any uncommon terms or acronyms that are likely to come up during the trial.
40. At least 10 days prior to trial, the parties should contact the Courtroom Deputy at rflcrd@cand.uscourts.gov to discuss any questions or issues about the layout of the courtroom.

The Court may be able to provide access to an easel and the courtroom electronic evidence presentation system. The parties should consult www.cand.uscourts.gov/courtroomtech for information on the available courtroom technology. During trial, the parties may wish to use computer graphics, poster blow-ups, or models. Such equipment must be provided by the parties. Equipment should be shared by all parties to the maximum extent possible. The United States Marshal requires a court order to allow equipment into the courthouse. To request such an order, the parties should submit a proposed order no later than 14 days before trial. For electronic equipment, parties should be prepared to maintain the equipment or have a technician handy at all times, and shall arrange with the Courtroom Deputy to test the equipment in the courtroom prior to the first day of trial. If the technology fails, the parties should expect to use paper demonstratives or the courtroom ELMO document camera. The parties shall tape extension cords to the carpet for safety.
THE JURY
42. The Court does not restrict the parties, their counsel, or any agent, consultant, investigator, or anyone working for them from conducting research regarding a prospective juror, so long as the research is done only from generally available sources (i.e., those that are publicly available or derive their information from publicly available sources, free or paid) and that there is no actual contact or any reasonable possibility of contact with a prospective juror. Contact includes actions taken by a party, attorney, investigator, etc., that trigger a notification to a prospective juror that their social media profile has been viewed by someone, even if that notification does not specify who viewed the profile, is inadvertent, or is provided automatically by the social media site (e.g., a LinkedIn notification that prospective juror’s profile was viewed by an “anonymous person,” or certain social media sites that automatically provide a list of

accounts that have viewed the prospective juror’s posts or content). No “follow requests,” “friend requests,” or the like may be sent to any prospective juror on any social media site, regardless of whether a profile is public or private. No in-person surveillance, no matter how brief, of any home, neighborhood, or place of work of any prospective juror or any family member of a prospective juror is allowed.
43. The parties do not need to submit proposed voir dire questions in advance of trial.
44. A day or so before jury selection, the Court will hold an “excusal hearing” for the purpose of determining which prospective jurors should be excused for hardship or cause based exclusively on their questionnaire responses. One to two days before the excusal hearing, the Court will send the parties a copy of the responses. The remaining jurors will be called in for jury selection.
45. Voir dire may not be used as an opportunity to discuss the facts of the case or to ask jurors what verdict they would render on similar facts. Nor should counsel’s questioning of jurors rely on personal anecdotes about counsel’s life or family, because those types of stories too easily slide into attempts to bias jurors. Examples used in voir dire should be unrelated to the case or counsel. 46. Any objection to another party’s use of a peremptory challenge under Batson v. Kentucky, 476 U.S. 79 (1986), or its progeny, should be made by asking to retain the juror and then asking to approach, without mentioning the reason for the request.
OBJECTIONS
47. Speaking objections are strictly forbidden. In making objections, the parties should state only the legal grounds for the objection and should withhold all further comment or argument unless elaboration is requested by the Court. Likewise, the parties may respond to an

objection by stating the legal grounds for admission (e.g., in response to a “hearsay” objection, a party may state “spontaneous statement” or “not for the truth but for effect on listener”), but should withhold all further comment or argument unless elaboration is requested by the Court.
48. Anticipated evidentiary issues should be raised at the start of the day or, if unanticipated, during a break, rather than at a lengthy sidebar with the jury waiting. 49. No written motions are permitted during trial before (a) lead trial counsel have met and conferred as to the issue, and (2) the issue has been raised orally to the Court either at the beginning or close of the trial day, and the Court has authorized such a filing. Any written motions during trial will be limited to five pages, and must be submitted no later than 6:00 p.m., absent an exception authorized by the Court. USING PRIOR STATEMENTS AND REFRESHING RECOLLECTION AT TRIAL
50. The parties should review the guide for using prior statements of witnesses and refreshing recollection at trial, which is posted in the Standing Orders section of Judge Lin’s website. If you wish to question a witness about a prior inconsistent or consistent statement, you must have hard copies of the prior statement for the Court and the opposing party to review at sidebar. If you plan to play an audio or video recording, you must have hard copies of the transcript, if one exists. If you do not, the Court cannot determine whether the statement is inconsistent or consistent, and you will not be allowed to read or play the statement. The Court may require you to read or play a longer excerpt to give the jury appropriate context, so be sure you are prepared to do so, including if you plan to play a recording. WITNESSES
51. At the close of each trial day, the parties shall exchange a list of witnesses for the next two full court days and the exhibits that will be used during direct examination (other than

for impeachment of an adverse witness). Within 24 hours of receiving such notice, the opposing party shall provide any objections to such exhibits and shall provide a list of all exhibits to be used with the same witness on cross-examination (other than for impeachment). The first notice shall be exchanged 48 hours prior to the first day of trial. All such notices shall be provided in writing.
52. At the start and close of each trial day, the parties shall alert the Court to any objections to upcoming witnesses or evidence, which the Court will address before the jury comes in.
53. The parties shall have all upcoming witnesses on the same day available in the courthouse and ready to testify. Failure to have the next witness ready or to be prepared to proceed with the evidence will usually be deemed to constitute resting.
TIME LIMITS 54. In many cases, the Court will set fixed time limits at the final pretrial conference.
All of your examination time (whether direct, cross, re-direct or re-cross) for all witnesses, side bar conferences during your examination, opening statement, and closing argument must fit within your time limit, and you may allocate it as you wish. If there is a particularly lengthy side bar conference in which the other side’s objection is overruled or a witness affiliated with the opposing side is unusually evasive or long-winded, the examining party may request that the Court charge some or all of the time at issue to the opposing party.
BENCH TRIALS
55. In non-jury cases, all pretrial filings are due 7 days before the pretrial conference.
They must include trial briefs not to exceed 10 pages each, a joint pretrial conference statement,

a joint exhibit list, and proposed findings of fact and conclusions of law. Judge Lin expects far fewer motions in limine for bench trials.
56. The parties should be prepared to give closing arguments at the close of evidence.
57. The parties will be required to submit revised proposed findings of fact and conclusions of law 7 days after the trial. All factual findings must be supported by citations to all pertinent portions of the record; therefore, arranging for daily transcripts is strongly recommended. If the citation is to witness testimony and a rough or final transcript is not yet available, the citation can simply be to the date of the testimony. Proposed findings shall be brief, written in plain English, and free of pejorative language. In addition to being filed, the proposed findings must be emailed to the Court (rflpo@cand.uscourts.gov) in Word format.
58. In addition to the admitted exhibits to be filed pursuant to Civil L.R. 5-1(g), each party shall also send a courtesy copy of the admitted exhibits to Judge Lin’s chambers’ Box.com storage as detailed above within 7 days after the close of evidence, addressed to the attention of Judge Lin’s chambers.
IT IS SO ORDERED.

Dated: November 5, 2025

Rita F. Lin United States District Judge

Judge Lin's Criminal Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/RFL-CriminalStandingOrder_3-16-2026.pdf]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

STANDING ORDER FOR CRIMINAL CASES BEFORE JUDGE RITA F. LIN SUMMARY TABLE OF DEADLINES

DEADLINE
DATE
Change of Plea – Copy of Plea Agreement
By 12 p.m. 2 Court Days Before Entry of Plea
Obtain Box.com link from courtroom deputy for uploading pretrial filings

21 Days Before Pretrial Conference Objections to Standard Jury Questionnaire
21 Days Before Pretrial Conference
Discovery Cut-Off (Absent Contrary Order)
14 Days Before Pretrial Conference
Pretrial Statement, Motions in Limine
14 Days Before Pretrial Conference
Jury Instructions, Verdict Form, Proposed
Description of the Case, Exhibit Lists,
Witness Lists, Individuals Involved List
7 Days Before Pretrial Conference
Notification of Need for Interpreter for Trial
30 Days Before Trial
Arrangement of Daily Transcript or RealTime Reporting
14 Days Before Trial
Contact Courtroom Deputy Regarding Courtroom Layout and Technology
10 Days Before Trial
Deliver Original and Copy Trial Exhibit Sets,
List of Names, Places, Uncommon Terms and Acronyms
5 Days Before Trial

The parties shall follow the Federal Rules of Criminal Procedure, the Criminal Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court’s standing order.

REQUESTS TO CONTINUE STATUS CONFERENCES If the parties wish to request a continuance of a status conference by written stipulation, the parties shall file a stipulation to that effect before the scheduled date. The stipulation shall state whether defense counsel has communicated with the defendant, and if so, whether the defendant is in agreement with the continuance and any requested exclusion of time under the Speedy Trial Act. The stipulation shall also provide an update on the status of the case and discovery. If the parties are requesting an exclusion of time under the Speedy Trial Act, the stipulation must set forth specific facts justifying the exclusion. Conclusory statements that the exclusion is needed for effective preparation of counsel, for example, are insufficient.

CHANGE OF PLEA
If a plea is being entered pursuant to a plea agreement, counsel for the defendant shall email a copy of the plea agreement to rflcrd@cand.uscourts.gov no later than noon two court days before the plea is to be entered. Normally, that would be Tuesday at noon.

If the defendant is entering an open plea, the defendant and defense counsel shall complete the Application to Enter Guilty Plea & Order form on the Criminal Forms portion of the Court’s website, and present the government with a copy of the completed application for review prior to providing the application to the Court at or before the change of plea hearing.

PRETRIAL FILINGS AND DEADLINES

Discovery Cut-Off
Absent a contrary order from the Court, the discovery cut-off date is 14 days before the pretrial conference. Any material disclosed after that date may be excluded unless the disclosing party: (i) can show good cause for why it was not sought, obtained, and disclosed sooner; and (ii) discloses it within 24 hours of receipt of the material.

Box.com Link for Pretrial Filings

Instead of requiring paper binders of courtesy copies from the parties, Judge Lin uses an electronic binder to organize pretrial filings. Counsel shall contact Judge Lin’s Courtroom Deputy 21 days prior to the final pretrial conference to request a secure Box.com link to upload documents for the electronic binder. Counsel’s email should identify the case number and the trial date. All pretrial filings shall be uploaded to that link. The uploaded documents should contain the ECF version of each attachment, with its ECF header. The name of each PDF file

should include the type of document, a brief description of the document, and the docket number.
For example, a news release (docket number 61-2) filed as the first exhibit to a declaration (docket number 61-1), would be, “[61-2] Decl Doe Ex 1 - News Release.”

Objections to Standard Jury Questionnaire
In advance of the trial, the Jury Office will send prospective jurors an online questionnaire. A copy of the standard Criminal Prospective Juror Questionnaire is available on the Court’s website. Judge Lin will also add a question asking about scheduling conflicts. No later than 21 days before the pretrial conference, the parties should submit objections to any aspect of the standard questionnaire.

Pretrial Statement
No later than 14 days before the pretrial conference, the parties must file a joint pretrial statement that addresses the items listed in Criminal Local Rule 17.1-1(b).

Motions in Limine
Any motions in limine must be filed no later than 14 days before the pretrial conference.
Oppositions must be filed at least 7 days before the pretrial conference. No reply papers will be considered.

Jury Instructions
The parties should file joint proposed jury instructions, and send a copy in Word format to rflpo@cand.uscourts.gov, no later than 7 days before the pretrial conference. The parties should indicate the relevant authority for a proposed instruction. The parties should almost always use the Ninth Circuit Model Jury Instructions and, if a modification is proposed, should clearly identify any changes to the model instructions via highlighting or redline.

Instructions on which the parties agree must be identified as “Stipulated Jury Instruction No. __ Re _____,” with the blanks filled in as appropriate.

If the parties disagree on an instruction, each party’s proposed version of the disputed instruction shall be provided and identified as “Disputed Instruction No. ____ Re ____________ Offered by _________________,” with the blanks filled in as appropriate. All proposed versions of the same instruction shall bear the same number. Following each set of proposed versions of a disputed instruction, each party shall explain, in no more than one page, why the Court should give that party’s proposed instruction.

If the parties dispute whether a particular instruction should be given at all, the proponent of the instruction shall provide proposed language, identified as “Disputed Instruction No. ____ Re ____________ Offered by _________________,” with the blanks filled in as appropriate.

Following the disputed instruction, each party shall explain, in no more than one page, why the instruction should or should not be given.

The proposed jury instructions should not mention the indictment or the United States Code unless there’s a compelling reason to do so. The instructions can simply refer to the defendant as having been charged in “Count One” with X, in “Count Two” with Y, and so forth.

Statement of Objection to Unconscious Bias Video
Prospective jurors will be shown a video on unconscious bias in the jury office. The video can be found on the Court’s website. If a party objects to prospective jurors’ viewing this video, the party must file a short statement (not to exceed one page double-spaced) explaining its objection. The party should then alert the Court to its objection at the pretrial conference.

Proposed Description of the Case
No later than 7 days before the pretrial conference, the parties should jointly file, and send in Word format to rflpo@cand.uscourts.gov, a proposed description of the case. The description will be read orally to prospective jurors when they come to the courtroom. If the parties can’t agree on a description, they may file one document with competing descriptions (but without any argument). Again, the description of the case should not refer to the indictment or to the United States Code unless there’s a compelling reason to do so.
Verdict Forms
No later than 7 days before the pretrial conference, the parties must jointly file, and send in Word format to rflpo@cand.uscourts.gov, either an agreed-upon proposed verdict form or competing proposed verdict forms.

Exhibit Lists
No later than 7 days before the pretrial conference, each party must file, and send in Word format to rflpo@cand.uscourts.gov, a list of exhibits. They need not submit the exhibits themselves at this time, unless instructed otherwise by Judge Lin.

Witness Lists
No later than 7 days before the pretrial conference, the parties must file, and send in Word format to rflpo@cand.uscourts.gov, lists of potential witnesses reasonably anticipated to be called at trial.

Involved Individual Lists
No later than 7 days before the pretrial conference, the parties must jointly file, and send in Word format to rflpo@cand.uscourts.gov, a list of people involved in the case. The list should

include counsel, the defendant or defendants, potential witnesses, and any other people significantly involved in the case.
PRETRIAL CONFERENCE
At the pretrial conference, the parties should be prepared to address motions in limine, jury instructions, the written questionnaire, proposed voir dire, the verdict form, and any issues relating to exhibits or evidence. If either party believes that a dispute about jury instructions must be resolved before opening statements, it must be raised when the proposed jury instructions are filed and at the pretrial conference. Otherwise, the Court will typically discuss jury instructions with the parties during trial.

TRIAL EXHIBITS No later than 5 days before trial, each side shall upload the exhibits electronically to Judge Lin’s chambers’ Box.com storage. Each exhibit shall be a separate file, with each file named so that the exhibits appear sequentially when sorted by file name. The parties should discuss with Judge Lin and the Courtroom Deputy how they will handle showing exhibits to witnesses at the pretrial conference, including whether witness binders are necessary.

Exhibits shall be sequentially numbered (not lettered). Blocks of numbers should be assigned to fit the needs of the case (e.g., the government has 1 to 100, Defendant A has 101 to 200, Defendant B has 201 to 300, etc.).

A single exhibit should be marked only once. If the government has marked an exhibit, the defendant should not re-mark the same document with another number.

Different versions of the same document (e.g., versions of a document with and without additional handwriting), however, must be treated as different exhibits and marked with different numbers. Do not have witnesses write or draw on an exhibit that has already been admitted in evidence. Mark the exhibit with a new number, have the witness write on the new exhibit, and then move to admit the new exhibit into evidence once all the markings have been made.

Counsel must consult with each other and with the Courtroom Deputy at the end of each trial day about which exhibits are in evidence and any limitations thereon. If there are any disagreements, counsel should promptly bring them to Judge Lin’s attention.

Counsel must clearly announce the number of any exhibit used during the proceedings, even if it has already been admitted.

At the close of evidence, before closing arguments, counsel must confer with the Courtroom Deputy to make sure the exhibits in evidence are in good order.

Exhibit notebooks for the jury will not be permitted without prior permission from Judge Lin.

Upon the conclusion of the trial, and unless otherwise ordered by the Court, exhibits offered during trial shall be filed on the docket within ten days of a trial verdict pursuant to Civil L.R. 5-1(g). See Crim. L.R. 55-1. Each party shall retain a full set of exhibits after trial through the appellate process.
PRETRIAL ARRANGEMENTS
Should a daily transcript and/or real-time reporting be desired, the parties shall make arrangements with the Court Reporter Supervisor, at (415) 522-2079, at least 14 days before the trial date.

No later than 5 days prior to the start of trial, the parties must provide the Court Reporter a jointly created list of names, places, and any uncommon terms or acronyms that are likely to come up during the trial.

If any witness will require an interpreter at trial, counsel shall notify the Courtroom Deputy at least 30 days before the commencement of trial.

The parties should contact the Courtroom Deputy no later than 10 days before trial to discuss any questions or issues about the layout of the courtroom. The Court may be able to provide access to an easel and the courtroom electronic evidence presentation system. The parties should consult the Court’s website for information on the available courtroom technology.
During trial, counsel may wish to use computer graphics, poster blow-ups, or models. The parties must provide such equipment. Counsel should share equipment to the maximum extent possible. The United States Marshal requires a court order to allow equipment into the courthouse. To request such an order, the parties should contact the Courtroom Deputy no later than 10 days before trial. For electronic equipment, the parties should arrange with the Courtroom Deputy no later than 10 days before trial a date to set up and test the equipment in advance of trial and be prepared to maintain the equipment during trial. The parties shall tape extension cords to the carpet for safety.

JURY SELECTION AND TRIAL
The Court does not restrict the parties, their counsel, or any agent, consultant, investigator, or anyone working for them from conducting research regarding a prospective juror, so long as the research is done only from generally available sources (i.e., those that are publicly available or derive their information from publicly available sources, free or paid) and that there is no actual contact or any reasonable possibility of contact with a prospective juror. Contact includes actions taken by a party, attorney, investigator, etc., that trigger a notification to a prospective juror that their social media profile has been viewed by someone, even if that notification does not specify who viewed the profile, is inadvertent, or is provided automatically by the social media site (e.g., a LinkedIn notification that prospective juror’s profile was viewed by an “anonymous person,” or certain social media sites that automatically provide a list of accounts that have viewed the prospective juror’s posts or content). No “follow requests,” “friend requests,” or the like may be sent to any prospective juror on any social media site, regardless of whether a profile is public or private. No in-person surveillance, no matter how

brief, of any home, neighborhood, or place of work of any prospective juror or any family member of a prospective juror is allowed. The parties do not need to submit proposed voir dire questions in advance of trial.
A day or so before jury selection, the Court will hold an “excusal hearing” for the purpose of determining which prospective jurors should be excused for hardship or cause based exclusively on their questionnaire responses. One to two days before the excusal hearing, the Court will send counsel a copy of the responses. The remaining jurors will be called in for jury selection.

At the close of each trial day, counsel must notify the other side of the witnesses who will be called the following two trial days.

The parties should review the guide for using prior statements of witnesses and refreshing recollection at trial, which is posted in the Standing Orders section of Judge Lin’s website.
IT IS SO ORDERED.

Dated: March 16, 2026

Rita F. Lin United States District Judge

Judge Lin's Motion to Seal Summary Table

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/RFL-Motion-to-Seal-SummaryTable.docx]

(Word document — full text not extracted; download from source for the live document.)

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