Pro hac vice in N.D. Cal. →
judge console · N.D. Cal.
N.D. Cal. · Judge Martinez-Olguin · Practice Guide

Hon. Araceli Martinez-Olguin

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

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

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

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

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

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

👤 Judge Martinez-Olguin — standing order

“Upon review of the parties' submission(s), the Court will advise the parties of how the Court intends to proceed, which may include referring discovery to a magistrate judge.” · Judge Araceli Martínez-Olguín's Civil Standing Order

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

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

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

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

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

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

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

👤 Judge Martinez-Olguin — standing order

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

“A mere exchange of letters, emails, telephone calls, or facsimile transmissions does not satisfy the meet and confer requirement.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“If the parties are unable to resolve their dispute informally after a good faith effort, including meet and confer efforts conducted by lead trial counsel, the parties shall prepare a joint statement of not more than five (5) pages (12-point font or greater) stating the nature and status of the dispute and attesting to their good faith meet and confer efforts.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“The Court may also order the parties to come to the courthouse to meet and confer in good faith.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“In either event, before the dispute may be brought to the Court's attention, lead trial counsel must meet and confer in person or by videoconference.” · Judge Araceli Martínez-Olguín's Civil Standing Order

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

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

👤 Judge Martinez-Olguin — standing order

“If the parties are unable to resolve their dispute informally after a good faith effort, including meet and confer efforts conducted by lead trial counsel, the parties shall prepare a joint statement of not more than five (5) pages (12-point font or greater) stating the nature and status of the dispute and attesting to their good faith meet and confer efforts.” · Judge Araceli Martínez-Olguín's Civil Standing Order

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

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

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

Civil L.R. 37-1(b)

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

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

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

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

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

👤 Judge Martinez-Olguin — standing order

“If the parties are unable to resolve their dispute informally after a good faith effort, including meet and confer efforts conducted by lead trial counsel, the parties shall prepare a joint statement of not more than five (5) pages (12-point font or greater) stating the nature and status of the dispute and attesting to their good faith meet and confer efforts.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“Issue-by-issue, the joint statement shall describe each unresolved issue, summarize each party's position with appropriate legal authority, and provide each party's final proposed compromise before addressing the next issue.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“It is preferable that the parties file a separate statement for each dispute.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“Where necessary, the parties may submit supporting declarations and documentation of up to 12 pages.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“Parties are expected to plan for and cooperate in preparing the joint statement so that each side has adequate time to address the arguments.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“The parties are strongly encouraged to submit a joint statement, but in the rare instances when a joint statement is not possible, each side may submit a statement of not more than two (2) pages (12-point font or greater).” · Judge Araceli Martínez-Olguín's Civil Standing Order

“The joint statement or individual statements shall be e-filed (unless the case is exempt from e-filing requirements).” · Judge Araceli Martínez-Olguín's Civil Standing Order

“Whether joint or individual, the statement must be filed under the Civil Events category of "Motions and Related Filings > Motions – General > Discovery Letter Brief."” · Judge Araceli Martínez-Olguín's Civil Standing Order

“For discovery disputes involving non-parties (usually Federal Rule 45 disputes), the parties may utilize the procedure identified above, provided the parties and non-parties agree to that procedure.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“Absent agreement, the moving party should file a noticed motion pursuant to Local Rule 7.” · Judge Araceli Martínez-Olguín's Civil Standing Order

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

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

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

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

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

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

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

👤 Judge Martinez-Olguin — standing order

“The Court may issue a ruling or schedule a videoconference with the parties and, at such conference, may issue rulings, order more formal briefing, or set further hearing dates.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“For discovery disputes involving non-parties (usually Federal Rule 45 disputes), the parties may utilize the procedure identified above, provided the parties and non-parties agree to that procedure.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“Absent agreement, the moving party should file a noticed motion pursuant to Local Rule 7.” · Judge Araceli Martínez-Olguín's Civil Standing Order

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

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

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

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

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

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

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

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

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

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

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

Civil L.R. 37-3

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

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

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

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

👤 Judge Martinez-Olguin — standing order

“The Court may issue a ruling or schedule a videoconference with the parties and, at such conference, may issue rulings, order more formal briefing, or set further hearing dates.” · Judge Araceli Martínez-Olguín's Civil Standing Order

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

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

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

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

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

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

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

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

Civil L.R. 37-1(a)

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

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

👤 Judge Martinez-Olguin — standing order

“Civil motions are heard in person at the United States Courthouse, 1301 Clay Street, Oakland, California on Thursdays at 2:00 p.m.” · Judge Araceli Martínez-Olguín's Civil Standing Order

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

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

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

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

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

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

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

👤 Judge Martinez-Olguin — standing order

“Except in pro se prisoner cases, parties should notice motions (other than discovery motions) pursuant to the Civil Local Rules.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“The Court does not reserve hearing dates for parties, but parties should confirm the Court's availability prior to filing any noticed motion by referring to the Court's scheduling page.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“Noticed days may be reset as the Court's calendar requires, with order of call to be determined by the Court.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“Absent exceptional circumstances, motions noticed for hearing with less than four weeks between the close of briefing and the hearing may be automatically re-noticed by the Court.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“Any motion noticed for hearing on a closed hearing date will automatically be re-set by the Court.” · Judge Araceli Martínez-Olguín's Civil Standing Order

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

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

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

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

👤 Judge Martinez-Olguin — standing order

“During motion hearings, the parties should expect to first answer the Court's questions.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“Thereafter, unless a case is particularly complex, each side is typically allotted five (5) minutes of additional oral argument.” · Judge Araceli Martínez-Olguín's Civil Standing Order

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

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

👤 Judge Martinez-Olguin — standing order

“If a party files a letter requesting oral argument stating that a lawyer eight or fewer years out of law school will conduct all or most of the oral argument, the Court will entertain in-person oral argument on the principle that less experienced lawyers need more opportunities for appearances than they typically receive.” · Judge Araceli Martínez-Olguín's Civil Standing Order

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

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

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

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

👤 Judge Martinez-Olguin — standing order

“The Court may notify the parties in advance of a setting that will be conducted via Zoom rather than in person, but the default rule is that all settings are held in person.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“Parties may request to have a setting held remotely via Zoom video conference.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“Such requests must be supported by a declaration certifying that counsel met and conferred regarding the conversion of the setting from in-person to remote.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“If the parties agree that the hearing should be held via Zoom, they must file a joint administrative motion requesting such relief pursuant to Civil Local Rule 7-11 at least seven (7) days in advance of the setting.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“If the parties cannot agree to jointly request a remote setting, the party seeking leave to appear remotely shall file a unilateral administrative motion at least seven (7) days in advance, and the supporting declaration must also establish good cause for the remote appearance.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“Requests submitted without a showing of good cause and/or submitted fewer than seven (7) days prior to the scheduled setting will likely face denial.” · Judge Araceli Martínez-Olguín's Civil Standing Order

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

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

👤 Judge Martinez-Olguin — standing order

“The Court strongly encourages parties to permit less experienced attorneys to actively participate in the proceedings by presenting argument at motion hearings, examining witnesses at trial, or taking a speaking role at case management conferences.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“The Court permits more than one attorney to present on behalf of a party if this creates an opportunity for less experienced attorneys to participate.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“If a party files a letter requesting oral argument stating that a lawyer eight or fewer years out of law school will conduct all or most of the oral argument, the Court will entertain in-person oral argument on the principle that less experienced lawyers need more opportunities for appearances than they typically receive.” · Judge Araceli Martínez-Olguín's Civil Standing Order

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

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

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

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

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

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

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

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

👤 Judge Martinez-Olguin — standing order

“Parties may not continue a case management conference, status hearing, pretrial conference, or any other deadline set by the Court without Court approval.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“Any party seeking an extension of a court deadline must seek an extension at least seven (7) days prior to the deadline by filing an appropriate motion or stipulation, in compliance with the Civil Local Rules.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“Requests for extensions contained in a case management statement or brief will not be entertained.” · Judge Araceli Martínez-Olguín's Civil Standing Order

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

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

👤 Judge Martinez-Olguin — standing order

“The Court does not generally permit the use of demonstratives.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“If a party would like to use audio-visual demonstratives during a hearing (e.g., PowerPoint presentation), it shall file an administrative motion requesting leave to use demonstratives at least 14 court days before the hearing, explaining why the demonstratives will aid the Court.” · Judge Araceli Martínez-Olguín's Civil Standing Order

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

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

👤 Judge Martinez-Olguin — standing order

“Absent exceptional circumstances, motions noticed for hearing with less than four weeks between the close of briefing and the hearing may be automatically re-noticed by the Court.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“Any motion noticed for hearing on a closed hearing date will automatically be re-set by the Court.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“Requests for extensions contained in a case management statement or brief will not be entertained.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“Requests submitted without a showing of good cause and/or submitted fewer than seven (7) days prior to the scheduled setting will likely face denial.” · Judge Araceli Martínez-Olguín's Civil Standing Order

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

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

👤 Judge Martinez-Olguin — standing order

“All issues shall be contained within one motion, which may not exceed 25 pages in length, and shall conform to Civil Local Rule 7-2.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“Only one summary judgment motion may be filed collectively per side, absent leave of court.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“Leave of court to file more than one motion may be requested if multiple parties comprise one or both sides.” · Judge Araceli Martínez-Olguín's Civil Standing Order

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

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

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

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

👤 Judge Martinez-Olguin — standing order

“All issues shall be contained within one motion, which may not exceed 25 pages in length, and shall conform to Civil Local Rule 7-2.” · Judge Araceli Martínez-Olguín's Civil Standing Order

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

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

👤 Judge Martinez-Olguin — standing order

“At least 21 days prior to the close of expert discovery, any party seeking to file a motion for summary judgment must file a letter brief, identifying the legal and factual grounds for their summary judgment motion.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“The letter shall not exceed three (3) single-spaced pages in length, including any attached exhibits or other supporting papers.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“Within three (3) days of the moving party's letter, any party who would oppose the proposed summary judgment motion must file a written response addressing the substance of the moving party's letter.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“This response shall also be limited to three (3) single-spaced pages, including any attached exhibits or supporting papers.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“Upon review of the parties' submissions, the Court may schedule a conference with the parties, usually within 7-10 days of the response letter.” · Judge Araceli Martínez-Olguín's Civil Standing Order

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

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

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

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

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

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

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

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

👤 Judge Martinez-Olguin — standing order

“Any case management statement proposing a case schedule that contemplates motions for summary judgment or Daubert motions shall conform to the requirements set forth in Paragraphs E and G, below.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“Unless otherwise ordered by the Court, briefing on Daubert motions shall trail the filing of a motion for summary judgment and commence with the filing of the non-moving party's opposition to summary judgment as set forth below.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“A party that anticipates filing a Daubert motion must include a suggested briefing schedule in any proposed scheduling order that tracks the following sequence:” · Judge Araceli Martínez-Olguín's Civil Standing Order

“• The initial moving party's motion for summary judgment.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“• Plaintiff's opposition to motion for summary judgment and Daubert motion(s).” · Judge Araceli Martínez-Olguín's Civil Standing Order

“• Defendant's reply in support of motion for summary judgment, Daubert motion(s), and opposition(s) to Plaintiff's Daubert motion(s).” · Judge Araceli Martínez-Olguín's Civil Standing Order

“• Plaintiff's reply in support of Daubert motion(s), opposition to Defendant's Daubert motion(s).” · Judge Araceli Martínez-Olguín's Civil Standing Order

“• Defendant's reply in support of Daubert motion(s).” · Judge Araceli Martínez-Olguín's Civil Standing Order

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

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

Civil L.R. 56-2(b)

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

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

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

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

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

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

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

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

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

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

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

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

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

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

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

Civil L.R. 7-5(a)

👤 Judge Martinez-Olguin — standing order

“Any evidence submitted in connection with summary judgment briefing or any other submissions to the Court shall underline, highlight, or otherwise (e.g., by hyperlink) specific lines of the documents and transcripts upon which they rely in support of or in opposition to a motion.” · Judge Araceli Martínez-Olguín's Civil Standing Order

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

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

👤 Judge Martinez-Olguin — standing order

“Evidence Submitted.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“Any evidence submitted in connection with summary judgment briefing or any other submissions to the Court shall underline, highlight, or otherwise (e.g., by hyperlink) specific lines of the documents and transcripts upon which they rely in support of or in opposition to a motion.” · Judge Araceli Martínez-Olguín's Civil Standing Order

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

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

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

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

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

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

👤 Judge Martinez-Olguin — standing order

“Daubert motions must be filed and heard by the dispositive motion hearing deadline.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“Unless otherwise ordered by the Court, briefing on Daubert motions shall trail the filing of a motion for summary judgment and commence with the filing of the non-moving party's opposition to summary judgment as set forth below.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“A party that anticipates filing a Daubert motion must include a suggested briefing schedule in any proposed scheduling order that tracks the following sequence:” · Judge Araceli Martínez-Olguín's Civil Standing Order

“• The initial moving party's motion for summary judgment.” · Judge Araceli Martínez-Olguín's Civil Standing Order

“• Plaintiff's opposition to motion for summary judgment and Daubert motion(s).” · Judge Araceli Martínez-Olguín's Civil Standing Order

“• Defendant's reply in support of motion for summary judgment, Daubert motion(s), and opposition(s) to Plaintiff's Daubert motion(s).” · Judge Araceli Martínez-Olguín's Civil Standing Order

“• Plaintiff's reply in support of Daubert motion(s), opposition to Defendant's Daubert motion(s).” · Judge Araceli Martínez-Olguín's Civil Standing Order

“• Defendant's reply in support of Daubert motion(s).” · Judge Araceli Martínez-Olguín's Civil Standing Order

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

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

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

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

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

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

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

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

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

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

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

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

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

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

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

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

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

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

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

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

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

Civil L.R. 11-3(a)

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

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

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

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

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

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

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

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

admission page

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

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

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

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

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

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

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

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

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

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

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

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

Civil L.R. 11-3(c)

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

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

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

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

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

Civil L.R. 11-2

👤 Judge Martinez-Olguin — standing order

Nothing posted.

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

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

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

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

Reply

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

AI use & disclosure requirements
👤 Judge Martinez-Olguin — standing order

Not silent -- addressed directly. Civil Standing Order Section C.4, "Artificial Intelligence (AI)": Counsel is responsible for providing the Court with complete and accurate representations in any submission (including filings, demonstratives, evidence, or oral argument), consistent with FRCP 11, the California Rules of Professional Conduct, and any other applicable legal or ethical guidance. Use of ChatGPT or other such tools is not prohibited, but counsel must at all times personally confirm for themselves the accuracy of any content generated by these tools. At all times, counsel -- and specifically designated lead trial counsel -- bears responsibility for any submission made by the party that the attorney represents. Any submission containing AI-generated content must include a certification that lead trial counsel has personally verified the content's accuracy. Failure to include this certification or comply with this verification requirement will be grounds for sanctions. Counsel is responsible for maintaining records of all prompts or inquiries submitted to any generative AI tools in the event those records become relevant. (Unchanged by the Aug. 2026 revision -- identical language in both versions.) Martinez-Olguin -- ai_disclosure_requirement ↗

Filing & Scheduling
Chambers / courtesy copies
👤 Judge Martinez-Olguin — standing order
Details

Except for filings of less than 8 pages, chambers copies of any filing must be provided within two (2) days of filing. Chambers copies should be double-sided (when possible) and three-hole punched along the left side of the page, and should bear the ECF filing "stamp" (case number, docket number, date, and ECF page number) along the top of the page.

Proposed orders
🏛 N.D. Cal. local rule

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

👤 Judge Martinez-Olguin — standing order

Parties must email a Word version of any proposed scheduling order to amopo@cand.uscourts.gov.

More from Judge Martinez-Olguin’s procedures
👤 Judge Martinez-Olguin — standing order
Meet and confer

Counsel for each party shall meet and confer in person or via videoconference to attempt to resolve their dispute informally. A mere exchange of letters, emails, telephone calls or facsimile transmissions does not satisfy the meet and confer requirement. Source ↗

Know Before You Go
👤 Judge Martinez-Olguin — deviations that burn people
  • Failure to oppose a motion constitutes consent to its granting -- this is an explicit standing order provision, not just a Local Rule citation.
  • Motions noticed with fewer than 4 weeks between close of briefing and hearing may be automatically re-noticed -- plan your schedule with this minimum gap.
  • Judge relocated to Oakland (United States Courthouse, 1301 Clay Street) as of Aug. 2026 -- no longer sits in Courtroom 10, San Francisco.
  • Chambers copies required within 2 days of filing for filings of 8+ pages (shortened from 3 days; exemption changed from admin motions/stipulations to under-8-pages) -- effective Aug. 2026.
  • Do NOT email amocrd@cand.uscourts.gov with electronic copies of filings -- the court will request them if needed.
  • Footnotes: argument in footnotes will not be considered; string citations without analysis or parentheticals will be disregarded; incorporation by reference of prior arguments may be stricken.
  • AI content: any submission containing AI-generated content must include a certification that lead trial counsel personally verified accuracy -- failure is grounds for sanctions.
  • Daubert motions: limited to 3 per side; 5-page opening/responsive, 3-page replies. Must specify paragraphs or portions of report sought to be excluded.
  • Requests to use audio-visual demonstratives during hearings must be filed as administrative motions at least 14 court days before the hearing.
  • Oral argument format reversed (Aug. 2026): during motion hearings, expect to answer the Court's questions FIRST, then receive up to 5 minutes of additional argument -- not the reverse.
  • MSJ now requires a pre-filing letter-brief conference at least 21 days before close of expert discovery -- filing an MSJ without it is a new procedural trap.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
Get updates on Judge Martinez-Olguin's procedures
Standing order changes, new key traps, and N.D. Cal. practice intelligence.