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

Hon. P. Casey Pitts

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

Get updates when Judge Pitts'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 Pitts — standing order

“• In most cases, discovery will be referred to a magistrate judge whose procedures will apply.” · Judge Pitts' Civil Standing Order

“In the rare cases where Judge Pitts is overseeing discovery, the following procedures apply.” · Judge Pitts Standing Order re: Discovery Disputes Not Referred to the Magistrate Judge

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 Pitts — standing order

“If the parties cannot resolve their discovery dispute after a good faith effort, they shall prepare and file a joint letter of no longer than 5 pages stating the nature and status of their dispute.” · Judge Pitts Standing Order re: Discovery Disputes Not Referred to the Magistrate Judge

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 Pitts — standing order

Nothing posted.

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

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

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

Civil L.R. 37-1(b)

👤 Judge Pitts — 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 Pitts — standing order

“If the parties cannot resolve their discovery dispute after a good faith effort, they shall prepare and file a joint letter of no longer than 5 pages stating the nature and status of their dispute.” · Judge Pitts Standing Order re: Discovery Disputes Not Referred to the Magistrate Judge

“Both sides must submit proposed orders as well.” · Judge Pitts Standing Order re: Discovery Disputes Not Referred to the Magistrate Judge

“No exhibits may be submitted with the letter other than any discovery request or response that is the subject of the letter.” · Judge Pitts Standing Order re: Discovery Disputes Not Referred to the Magistrate Judge

“The joint discovery letter process does not apply to discovery disputes with third parties.” · Judge Pitts Standing Order re: Discovery Disputes Not Referred to the Magistrate Judge

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 Pitts — standing order

Nothing posted.

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

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

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

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

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

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

👤 Judge Pitts — 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 Pitts — standing order

“Discovery disputes should be brought to the Court's attention as early as possible.” · Judge Pitts Standing Order re: Discovery Disputes Not Referred to the Magistrate Judge

“The letter must be filed as soon as possible, but under no circumstances may it be filed more than 7 days after the applicable discovery cutoff, per Civil Local Rule 37-3.” · Judge Pitts Standing Order re: Discovery Disputes Not Referred to the Magistrate Judge

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 Pitts — standing order

“Judge Pitts may vacate any hearing date and rule on the papers.” · Judge Pitts' Civil Standing Order

“The Court may resolve the dispute on the papers or schedule a hearing.” · Judge Pitts Standing Order re: Discovery Disputes Not Referred to the Magistrate Judge

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 Pitts — 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 Pitts — 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 Pitts — standing order

“Motions may be noticed for any Thursday at 10:00 AM subject to the availability of Judge Pitts (listed in his Scheduling Notes) and the 35-day notice period.” · Judge Pitts' Civil Standing Order

“Judge Pitts' Civil Law & Motion Calendar is held on Thursdays beginning at 10:00AM.” · Judge Pitts' Summary Judgment 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 Pitts — standing order

“Confirm Judge Pitts's availability before noticing any motion.” · Judge Pitts' Civil Standing Order

“Motions may be noticed for any Thursday at 10:00 AM subject to the availability of Judge Pitts (listed in his Scheduling Notes) and the 35-day notice period.” · Judge Pitts' 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 Pitts — standing order

“Judge Pitts may vacate any hearing date and rule on the papers.” · Judge Pitts' 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 Pitts — standing order

Nothing posted.

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

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

👤 Judge Pitts — standing order

“Judge Pitts does not issue tentative rulings.” · Judge Pitts' Civil Standing Order

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

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

👤 Judge Pitts — standing order

“Hearings are in person unless specifically indicated on the docket.” · Judge Pitts' Civil Standing Order

“Motions to have a remote hearing by Zoom are due one week in advance and are not always granted.” · Judge Pitts' Civil Standing Order

“Requests to appear remotely via Zoom for a hearing must be made by administrative motion (not stipulation) at least one week in advance.” · Judge Pitts' Civil Standing Order

“Motions may be joint or by a single party for good cause (e.g., burdensome travel, resource constraints, mobility limits, or party access).” · Judge Pitts' Civil Standing Order

“Judge Pitts retains full discretion to deny any such requests, and requests not joined by all parties are more likely to be granted for CMCs than for hearings.” · Judge Pitts' 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 Pitts — standing order

“Notify Judge Pitts's CRD two weeks in advance if an attorney with less than 7 years of experience will argue.” · Judge Pitts' Civil Standing Order

“Judge Pitts will consider this in deciding whether to hold a hearing.” · Judge Pitts' Civil Standing Order

“Judge Pitts will allow additional argument from a senior attorney if needed.” · Judge Pitts' 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 Pitts — standing order

“Request Court action by stipulation or motion, not via letters or letter briefs.” · Judge Pitts' Civil Standing Order

“Requests to continue a hearing or CMC are due 72 hours in advance.” · Judge Pitts' 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 Pitts — standing order

“Anyone granted remote access to Zoom proceedings is strictly prohibited from photographing screenshotting, recording, or rebroadcasting the proceeding.” · Judge Pitts' Civil Standing Order

“Pursuant to General Order 58, violating these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry into future hearings, or any other sanctions deemed necessary.” · Judge Pitts' 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 Pitts — standing order

“Anyone granted remote access to Zoom proceedings is strictly prohibited from photographing screenshotting, recording, or rebroadcasting the proceeding.” · Judge Pitts' Civil Standing Order

“Pursuant to General Order 58, violating these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry into future hearings, or any other sanctions deemed necessary.” · Judge Pitts' 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 Pitts — standing order

“Each party is limited to one summary judgment motion unless granted leave to file an additional motion.” · Judge Pitts' Summary Judgment Standing Order

“The Court generally grants leave such only as to discrete issues whose early resolution could significantly advance the litigation.” · Judge Pitts' Summary Judgment 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 Pitts — standing order

“The parties must meet and confer to determine if they will file cross-motions for summary judgment.” · Judge Pitts' Summary Judgment Standing Order

“If so, only four briefs will be allowed:” · Judge Pitts' Summary Judgment Standing Order

“o plaintiff(s) opening brief of up to 25 pages; o defense opening/opposition brief of up to 25 pages; o plaintiff opposition/reply brief of up to 20 pages; and o defense reply brief of up to 15 pages.” · Judge Pitts' Summary Judgment Standing Order

“The parties may stipulate to reverse this order and have defense go first.” · Judge Pitts' Summary Judgment Standing Order

“Judge Pitts's Standing Order for Civil Cases identifies how parties may request page limit extension.” · Judge Pitts' Summary Judgment 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 Pitts — standing order

Nothing posted.

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

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

👤 Judge Pitts — 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 Pitts — standing order

“Hearings on motions for summary judgment or substantive motions in patent cases should be set no fewer than 21 days after the completion of briefing.” · Judge Pitts' Civil Standing Order

“Stipulate in advance to a schedule that allows at least 21 days between the final filing and the hearing.” · Judge Pitts' Summary Judgment 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 Pitts — standing order

“The parties must meet and confer to determine if they will file cross-motions for summary judgment.” · Judge Pitts' Summary Judgment Standing Order

“Upon filing any motion for summary judgment, the moving party shall provide a Separate Statement of Undisputed Facts to all other parties in a word-processing format.” · Judge Pitts' Summary Judgment Standing Order

“The statement should not be filed on the docket at that time.” · Judge Pitts' Summary Judgment Standing Order

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

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

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

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

👤 Judge Pitts — standing order

“A party moving for summary judgment, partial summary judgment, or summary adjudication must include a separate statement identifying each claim or defense as to which the moving party contends there is no genuine issue to be tried.” · Judge Pitts' Summary Judgment Standing Order

“Using the moving party's initial statement, the party opposing the motion must respond by (a) indicating whether each of the facts listed in the moving separate statement is disputed or undisputed; and (b) identifying any additional material facts the party contends will establish a genuine issue to be tried.” · Judge Pitts' Summary Judgment Standing Order

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

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

👤 Judge Pitts — standing order

“The initial statement shall be no more than 15 pages and must be organized as identified in Attachment A.” · Judge Pitts' Summary Judgment Standing Order

“The response should add no more than five (5) pages to the statement and must be organized as identified in Attachment A.” · Judge Pitts' Summary Judgment Standing Order

“The reply shall not introduce any new asserted material facts, and shall add no more than three (3) pages to the statement.” · Judge Pitts' Summary Judgment Standing Order

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

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

👤 Judge Pitts — standing order

“For each claim, defense, or part thereof, the moving party must (a) identify the relevant elements or issues, (b) list the asserted material facts establishing those elements or issues, and (c) cite to record evidence demonstrating that the asserted material facts are undisputed.” · Judge Pitts' Summary Judgment Standing Order

“The initial statement shall be no more than 15 pages and must be organized as identified in Attachment A.” · Judge Pitts' Summary Judgment Standing Order

“Using the moving party's initial statement, the party opposing the motion must respond by (a) indicating whether each of the facts listed in the moving separate statement is disputed or undisputed; and (b) identifying any additional material facts the party contends will establish a genuine issue to be tried.” · Judge Pitts' Summary Judgment Standing Order

“The response should add no more than five (5) pages to the statement and must be organized as identified in Attachment A.” · Judge Pitts' Summary Judgment Standing Order

“All citations in the final Statement must reference the docket and include the correct page number as shown in the blue ECF header at the top of the document.” · Judge Pitts' Summary Judgment Standing Order

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

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

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

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

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

👤 Judge Pitts — standing order

“Object to evidence within briefs.” · Judge Pitts' Civil Standing Order

“Do not file separate pleadings.” · Judge Pitts' Civil Standing Order

“Objections to evidence must be contained within the objecting party's brief.” · Judge Pitts' Summary Judgment Standing Order

“Judge Pitts does not consider objections filed as a separate pleading.” · Judge Pitts' Summary Judgment Standing Order

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

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

Civil L.R. 7-5(a)

👤 Judge Pitts — standing order

Nothing posted.

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

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

👤 Judge Pitts — standing order

Nothing posted.

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

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

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

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

👤 Judge Pitts — standing order

“The separate statement shall not include any supporting argument or be used to circumvent applicable page limits.” · Judge Pitts' Summary Judgment Standing Order

“Facts that are not cited in the summary judgment briefs will not be considered.” · Judge Pitts' Summary Judgment Standing Order

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

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

👤 Judge Pitts — standing order

Nothing posted.

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

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

👤 Judge Pitts — standing order

“The parties must meet and confer to determine if they will file cross-motions for summary judgment.” · Judge Pitts' Summary Judgment Standing Order

“If so, only four briefs will be allowed:” · Judge Pitts' Summary Judgment Standing Order

“o plaintiff(s) opening brief of up to 25 pages; o defense opening/opposition brief of up to 25 pages; o plaintiff opposition/reply brief of up to 20 pages; and o defense reply brief of up to 15 pages.” · Judge Pitts' Summary Judgment Standing Order

“The parties may stipulate to reverse this order and have defense go first.” · Judge Pitts' Summary Judgment Standing Order

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

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

👤 Judge Pitts — 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 Pitts — standing order

“Judge Pitts does not consider objections filed as a separate pleading.” · Judge Pitts' Summary Judgment Standing Order

“Each numbered fact in the moving statement will be deemed to be admitted for the purposes of the motion only unless specifically controverted by the opposing party, so long as the moving party meets its burden under FRCP 56.” · Judge Pitts' Summary Judgment Standing Order

“Facts that are not cited in the summary judgment briefs will not be considered.” · Judge Pitts' Summary Judgment Standing Order

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

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

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

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

👤 Judge Pitts — 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 Pitts — 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 Pitts — 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 Pitts — 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 Pitts — 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 Pitts — 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 Pitts — 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 Pitts — 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 Pitts — 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 Pitts — 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 Pitts — 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 Pitts — 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 Pitts — standing order

Nothing posted.

Other procedures for Judge Pitts
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 ↗

👤 Judge Pitts — standing order

When seeking emergency relief (e.g., a temporary restraining order or any stipulation that needs action within 24 hours), notify Judge Pitts's CRD by phone and email. Make every reasonable effort to notify the opposing party (and counsel) as early as possible before seeking emergency relief.

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) ↗

Filing & Scheduling
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 Pitts — standing order

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.

Know Before You Go
👤 Judge Pitts — deviations that burn people
  • Check scheduling notes at cand.uscourts.gov/pcp before noticing any motion -- Pitts's scheduling notes list unavailable dates and missing this step risks a wasted filing.
  • Zoom hearings require a separate motion filed one week in advance; they are not automatically granted. All hearings default to in-person.
  • Emergency relief: notify CRD by phone AND email, explain efforts to notify opposing party. Pitts will almost never grant emergency relief without requesting a response first -- do not expect an ex parte ruling.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
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