Judge Trina L. Thompson — United States District Court, Northern District of California

Judge Thompson's Guilty Plea Application and Order Form

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/Guilty-Plea-Application-and-Order-Form-FINAL-082922.docx]

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

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Judge Thompson's Civil Jury Pretrial & Trial Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/Civil-Jury-Pretrial-and-Trial-Standing-Order-FINAL-082922.pdf]

United States District Court Northern District of California UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA STANDING ORDER FOR CIVIL JURY PRETRIAL AND TRIAL BEFORE DISTRICT JUDGE TRINA L. THOMPSON INTRODUCTION 1. The parties must make every effort to raise and, if possible, resolve pretrial and trial issues early. While the Court understands that trial is not entirely predictable, the parties must frontload all evidentiary and legal disputes to the extent possible. Issues that surface unnecessarily on the eve of or during trial waste the jury’s time and are strongly disfavored.
MEET AND CONFER 2. At least 30 days before the final Pretrial Conference, lead counsel who will try the case shall meet and confer with respect to the following subjects: (1) settlement of the case; (2) preparation of the joint pretrial filings to be served and lodged pursuant to Federal Rule of Civil Procedure 26(a)(3); and (3) clarifying and narrowing the contested issues for trial in order to achieve a just, speedy, and efficient resolution of the case. Counsel in close geographical proximity are encouraged to meet in person.
EXCHANGE OF EVIDENCE 3. At least 30 days before the Pretrial Conference, each party shall provide every other party (but not the Court) with one set of all proposed exhibits, charts, schedules, summaries, diagrams, and other similar documentary materials to be used in its case in chief at trial, together with a complete list of all such proposed exhibits. These materials may be provided in electronic form if the parties so agree. Voluminous exhibits shall be reduced by elimination of irrelevant portions or through the use of summaries. Exhibits must be marked in accordance with paragraphs 16–18 of this Order. All exhibits not provided are subject to exclusion in the reasonable exercise of the Court’s discretion.

United States District Court Northern District of California 4. At least 30 days before the Pretrial Conference, each party shall provide every other party (but not the Court) with (1) the names of all witnesses each party intends to call at trial, as well as a brief description of the subject matter of their testimony; and (2) a list containing citations to all evidence that a party might introduce at trial, other than that to be used solely for impeachment or rebuttal, that was obtained from deposition testimony, interrogatory responses, or responses to requests for admission. All witnesses and citations not identified are subject to exclusion in the reasonable exercise of the Court’s discretion.
PRETRIAL FILINGS 5. Unless otherwise ordered, the parties shall file the documents listed in paragraphs 6–15 (i.e., joint pretrial statement and proposed order, proposed jury instructions, proposed voir dire questions, proposed verdict forms, proposed statement of the case, and trial briefs) no later than 14 days before the pretrial conference. Proposed jury instructions, voir dire questions, verdict forms, and proposed statements of the case should not be submitted in cases tried to the bench.
No later than 14 days before the final pretrial conference, the parties shall also submit the joint proposed pretrial statement and proposed order, and any proposed jury instructions, voir dire questions, verdict form(s), and statement of the case in Word format via email to Courtroom Deputy, Robert McNamee, at TLTPO@cand.uscourts.gov.
6. Digital courtesy copies of these materials (as well as any motions in limine, oppositions to those motions, and/or statements of non-opposition) must be delivered to the Clerk’s office on portable media (e.g., a flash drive or CD) by noon the day after filing. All courtesy copies must be marked with the ECF stamp (case number, document number, date, and page number) on the top of each page. The portable media shall be clearly labeled with Judge Thompson’s name and the case number.
7. Joint Pretrial Statement and Proposed Order. The parties shall file a joint pretrial statement and proposed order, which must contain the following information: a) Substance of the Action. A brief description of the parties, the substance of claims and defenses that remain to be decided, and the operative pleadings that raise the issues.

United States District Court Northern District of California b) Relief Requested. A detailed statement of all requested relief, particularly itemizing all elements of damages claimed. c) Undisputed Facts. A plain and concise statement of all relevant facts to which the parties will stipulate for incorporation into the trial record without supporting testimony or exhibits. The parties shall exercise good faith in stipulating to facts that are not reasonably disputable. d) Disputed Factual Issues. A plain and concise list of the issues of fact that are contested and remain to be litigated at trial. e) Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts. f) Stipulations. A statement of stipulations requested or proposed. g) Witnesses to be Called. A list of all witnesses likely to be called at trial, other than solely for impeachment or rebuttal, together with a brief statement following each name describing the substance of the testimony to be given. No party shall be permitted to call any witness in its case in chief who is not disclosed in its pretrial statement unless the Court grants leave for good cause. h) Exhibits, Schedules, and Summaries. A list of all documents or other items to be offered as exhibits at trial, other than solely for impeachment or rebuttal, and a brief statement following each that describes: (1) its substance or purpose; (2) the identity of the sponsoring witness; and (3) whether the parties have stipulated to its admissibility and, if they have not, the objection to its admission, the grounds for the objection, and the position of the offering party. If the list is voluminous, Section (h) should be attached as an appendix to the joint pretrial statement and proposed order. i) Disputed Legal Issues. Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions. j) Pending Motions or Matters. A statement of any motions or other matters that must be resolved prior to trial.

United States District Court Northern District of California k) Bifurcation or Separate Trial of Issues. A statement of whether either party requests bifurcation or a separate trial of specific issues and why.
l) Use of Discovery Responses. A list containing citations to all evidence that a party might introduce at trial, other than that to be used solely for impeachment or rebuttal, that was obtained from deposition testimony, interrogatory responses, or responses to requests for admission. Counsel shall state any objections to the use of these materials, the grounds for the objections, the position of the offering party, and shall certify that the parties have conferred regarding such objections. If the list is voluminous, Section (l) should be attached as an appendix to the joint pretrial statement and proposed order. m) Estimate of Trial Time. An estimate of the number of court days needed for the presentation of each party’s case, indicating possible reductions in time through proposed stipulations, agreed statements of facts, or expedited means of presenting testimony and exhibits. n) Settlement Discussion. A brief summary of the status of settlement negotiations, without indicating specific dollar amounts, and an indication of whether further negotiations are likely to be productive and what, if anything, would facilitate settlement. o) Miscellaneous. Any other matters that will facilitate the just, speedy, and efficient resolution of the action. 8. Binding Effect of the Joint Pretrial Statement. The joint pretrial statement and proposed order shall include the following language directly above the signature lines:

The foregoing admissions having been made by the parties, and the parties having specific the foregoing issues of fact and law remaining to be litigated, this order shall supplement the pleadings and govern the course of trial of this case, unless modified by the Court to prevent manifest injustice.
9. Proposed Jury Instructions. The parties shall meet and confer and 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 or the California Civil Jury Instructions (CACI) where applicable. Any modifications to a form

United States District Court Northern District of California instruction must be plainly identified to the Court. Any language a party proposes to be removed from a model instruction must be designated with a strikethrough and language proposed to be added to a model instruction must be underlined. 10. The parties should include proposed text for all proposed jury instructions, even for any form preliminary instructions, general instructions, or concluding instructions on which they agree. Instructions upon which the parties agree shall be identified as “Stipulated Instruction No. __ Re _______,” with blanks filled in as appropriate.
11. If, after meeting and conferring in good faith, the parties cannot agree on a proposed jury instruction, each party’s proposed version shall be provided and identified as “Disputed Instruction No. __ Re _______, Offered by ________,” with 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, including supporting case citations. 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 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.
12. Proposed Voir Dire Questions. In cases tried before a jury, the parties are expected to meet and confer and file a joint set of proposed voir dire questions for the Court to ask. Unless otherwise indicated, the Court will conduct voir dire. 13. If, after meeting and conferring in good faith, there are proposed questions about which the parties do not agree, each party may submit a list of disputed proposed questions they wish to be put to the venire. The proponent of each disputed question shall provide proposed language, identified as “Disputed Question No. __, Offered by ________,” with blanks filled in as appropriate. No argument concerning why a disputed proposed question should or should not be asked shall be submitted. //

United States District Court Northern District of California 14. Note that during voir dire the Court will elicit the jurors’ basic biographical information through its own questioning (e.g., current employment, marital status, past jury service), so those subjects need not be included in the parties’ set of proposed questions. 15. Proposed Verdict Forms. The parties are expected to meet and confer and file a joint proposed verdict form. If, after a good faith effort to meet and confer, the parties cannot agree on a joint form, the parties may submit separate proposed verdict forms. If the verdict form is disputed, each party shall explain, in no more than one page, why its proposed verdict form should be given. 16. Proposed Statement of the Case. The parties shall jointly file a proposed 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). 17. Trial Briefs. Parties are not required to file trial briefs. If a party chooses to file a trial brief, it shall not be longer than five pages and must be filed at least seven days prior to the commencement of trial. Trial briefs shall not duplicate the contents of the joint pretrial statement and proposed order. EXHIBITS 18. Each exhibit shall be pre-marked with a trial exhibit sticker (“Trial Exhibit No.__”), not deposition exhibit label, and defendant’s exhibit numbers shall be sequenced to begin after plaintiff’s exhibit numbers. 19. The parties shall agree on blocks of numbers to fit the needs of the case (e.g., Plaintiff has 1–100, Defendant has 101–200) and make a good faith effort to avoid marking the same exhibit in their respective blocks. If the same exhibit is marked by more than one party, the defendant shall withdraw the duplicative exhibit (but should not renumber its portion of the exhibit list). Section (h) of the parties’ joint pretrial statement and proposed order must identify the exhibit numbers of the exhibits withdrawn as duplicates. // // //

United States District Court Northern District of California 20. Exhibits shall be identified with tags in the format shown here; 21. At least 21 days prior to the Pretrial Conference, the parties shall make a good faith effort to stipulate to exhibits’ admissibility. If stipulation is not possible, the parties shall make every effort to stipulate to at least authenticity and foundation absent a legitimate (not tactical) objection.
22. Unless otherwise ordered, at least seven days before trial, the parties must deliver three sets of all pre-marked exhibits in clearly labeled three-ring binders to the Clerk’s office, marked for the attention of the Courtroom Deputy, Robert McNamee. The quality, condition, and labeling of the binders should be such that the Court can easily transport and review the binders’ contents. Whenever possible, the spine of a binder should not be wider than three inches.
23. At least three days prior to the first day of trial, the parties shall file form exhibit and witness lists. The form exhibit list should include the following columns: (1) Exhibit Number; (2) Brief Description; (3) Sponsoring Witness; (4) Date Marked for Identification (left blank); and (5) Date Admitted Into Evidence (left blank). The form witness list should include the following columns: (1) Witness Name; (2) Brief Summary of Testimony; and (3) Exhibits (left blank).
24. The parties are encouraged to resolve as many trial issues by stipulation as possible. The parties shall meet and confer no later than 21 days before the pretrial conference to determine whether any evidentiary issues may be resolved by stipulation. No party may file a motion in limine without first making a good faith effort to resolve the evidentiary issue with opposing counsel.

United States District Court Northern District of California 25. Motions in limine must be filed with the Court no later than 21 days prior to the date set for the Pretrial Conference. Each party is limited to bringing five motions in limine.
Motions in limine cannot be used to request summary judgment or raise Daubert challenges unless the Court has specifically granted prior approval. Each motion shall be no longer than five pages and should address a single, separate topic. Motions should be clearly identified as “___________’s Motion in Limine No. __ Re: ____________.” If the content of an exhibit is necessary to the resolution of a motion in limine, that exhibit must be attached to a declaration in support of the motion. No party filing a motion in limine should submit digital courtesy copies of their motions to the Court until the parties file their pretrial filings 14 days before the Pretrial conference.
26. Any party filing a motion in limine must first seek a stipulation from the opposing party or parties to the relief requested in the motion. The Court ordinarily does not grant leave to file motions in limine under seal. 27. Any party opposing a motion in limine shall file its opposition papers (or statement of non-opposition) no later than 14 days prior to the Pretrial Conference. Each opposition is limited to five pages; the moving party shall not file a reply brief. Courtesy copies of all motions in limine and oppositions must be included in the binder containing the parties’ pretrial filings in the format described in paragraph five of this Order. 28. The motions will be heard at the Pretrial Conference or at such other time as the Court may direct.
CONTINUANCES 29. Trial dates are firm once set by the Court. Continuances are disfavored. No continuance of a scheduled trial date will be granted except by order of the Court in response to a motion made in accordance with the provisions of Civil Local Rule 7. The Court will rarely continue a trial because the parties have “settled in principle.” Unless otherwise ordered by the Court, a stipulated dismissal will be required. Failure of a party to proceed with the trial on the scheduled trial date may result in the assessment of jury costs and the imposition of appropriate

United States District Court Northern District of California sanctions, including dismissal or entry of default. Jury costs may be also assessed for failure to provide the Court with timely notice of a settlement in accordance with Civil Local Rule 40-1.
TRIAL 30. Trial will be conducted from 8:30 a.m. to 1:30 p.m. on Mondays through Thursdays. Counsel must arrive by 8:00 a.m. each day, or earlier if directed by the Court, to discuss any matters that need to be heard outside the presence of the jury. The jury will be called at 8:30 a.m.
31. Should a daily transcript and/or real-time reporting be desired, the parties shall e- file a transcript order form (CAND 435), at least 14 days before trial, and make arrangements with Richard Duvall, Supervisor of the Court Reporting Services at (415) 522-2079, at least ten calendar days prior to the trial date.
32. The courtroom is equipped with monitors and a sound system. Should the parties wish to utilize additional technology, the United States Marshals Service requires a court order to allow equipment into the Courthouse. The parties must file a written request and proposed order no later than seven days prior to the beginning of trial if they wish to bring any such technology into the Courthouse. Parties should be prepared to fix any equipment, if necessary. 33. The parties shall disclose the witnesses whom they will call and the exhibits to be introduced through those witnesses (except exhibits to be used solely for impeachment purposes) by noon the day before the parties intend to call those witnesses. Failure to have a witness ready to proceed at trial will usually constitute resting. 34. The Court strongly encourages the parties to permit junior lawyers to examine witnesses and to have an important role at trial.
35. At the end of the trial day, the parties shall meet and confer regarding all exhibits and demonstratives intended to be produced on the following day. Meeting and conferring via email is not sufficient; the parties must meet in person or over the telephone. If the parties cannot in good faith resolve all of their evidentiary disputes without the Court’s involvement, each party shall file a single statement of five pages or less framing its position on the dispute(s) by midnight.

United States District Court Northern District of California If deposition designations are the subject of any unresolved disputes, the relevant deposition excerpts must be attached to the parties’ statements. 36. Counsel must consult with the courtroom deputy, Robert McNamee, at the beginning of the first day of trial regarding the procedure for tracking admitted exhibits and any limitations thereon. If there are any disagreements between the parties regarding the status of the exhibits, counsel shall bring them promptly to the Court’s attention. 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. Counsel should also be prepared to upload all admitted exhibits from a flash drive to the jury computer so that the jury may access the exhibits during deliberation. 37. Upon the conclusion of the trial, each party shall retain its exhibits through the appellate process. It is each party’s responsibility to make arrangements with the Clerk of Court to file the record on appeal. IT IS SO ORDERED. TRINA L. THOMPSON United States District Judge Dated: August 22, 2025

United States District Court Northern District of California APPENDIX A CHRONOLOGICAL SUMMARY OF PRETRIAL EXCHANGES AND SUBMISSIONS Date Event 30 Days Before Pretrial Conference Lead counsel to meet and confer regarding settlement, pretrial filings, and narrowing of issues (¶ 2) Provide all other parties with proposed exhibits, charts, schedules, summaries, diagrams, and other similar documentary materials to be used case in chief at trial, as well as a list of those materials (¶ 3) Provide all other parties (1) the names of all witnesses each party intends to call at trial, as well as a brief description of the subject matter of their testimony; and (2) a list containing citations to all evidence that a party might introduce at trial, other than that to be used solely for impeachment or rebuttal, that was obtained from deposition testimony, interrogatory responses, or responses to requests for admission (¶ 4) 21 Days Before Pretrial Conference File any motions in limine (¶¶ 24-26) 14 Days Before Pretrial Conference File joint pretrial statement and proposed order (¶ 7) File proposed jury instructions (jury trial only) (¶¶ 9–11) File proposed voir dire questions (jury trial only) (¶¶ 12–14) File proposed verdict forms (jury trial only) (¶ 15) File proposed statement of the case (jury trial only) (¶ 16) File oppositions/statements of non-opposition to motions in limine (¶ 27) Email Word versions of the proposed joint pretrial statement and proposed order, proposed jury instructions, voir dire questions, verdict form(s), and statement of the case to TLTPO@cand.uscourts.gov. (¶ 5) 13 Days Before Pretrial Conference (by Noon) Submit two binders to the Clerk’s office containing the joint pretrial statement and proposed order, any proposed jury instructions, voir dire questions, verdict forms, statement of the case, and trial briefs, as well as all motions in limine, oppositions, and/or statements of non- opposition (¶ 6) 7 Days Before Trial Submit a flash drive to the Clerk’s office containing the exhibits identified in Section (h) of the parties’ joint pretrial statement and proposed order (and not already excluded by the Court in limine) (¶ 7) File trial brief, if any party wishes to do so (¶ 17) 3 Days Before Trial File form exhibit and witness lists (¶ 23)

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Judge Thompson's Criminal Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/Criminal-Standing-Order-FINAL-082922.pdf]

United States District Court Northern District of California UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA STANDING ORDER FOR CRMINAL CASES BEFORE DISTRICT JUDGE TRINA L. THOMPSON CONFORMITY TO RULES 1. Parties and counsel shall follow the Federal Rules of Criminal Procedure, Criminal Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court’s standing orders.
COMMUNICATION WITH THE COURT 2. Counsel shall not attempt to contact Judge Thompson or her chambers staff by telephone, email, or any other ex parte means, but may contact her Courtroom Deputy, Robert McNamee, at (415) 522-2039 or TLTCRD@cand.uscourts.gov regarding scheduling or other appropriate matters. SCHEDULING 3. All hearings and appearances will be held in Courtroom 9 on the 19th Floor of the United States Courthouse, 450 Golden Gate Avenue, San Francisco, California.
4. The criminal law and motion calendar is generally conducted on Friday at 8:30 a.m. The in-custody calendar is usually conducted on Friday at 10 a.m. Pretrial conferences, along with status conferences, are generally conducted at 11:00 a.m.
5. If a party would like to have a matter placed on the Court’s calendar for a defendant in custody, counsel must advise the Courtroom Deputy, Robert McNamee, at (415) 522-2039 or TLTCRD@cand.uscourts.gov, five (5) court days before the defendant is to be transported to the Court by the United States Marshal.
6. To request a continuance of a scheduled hearing, counsel must file a proposed order, preferably by stipulation, including whether time under the Speedy Trial Act (see 18 U.S.C.A. § 3161) should be excluded, by no later than 10:00 a.m. the Monday prior to the scheduled hearing. Continuances are not granted unless and until the Court so orders.

United States District Court Northern District of California 7. Trials are generally conducted from 8:30 a.m. until 1:30 p.m., Monday through Thursday. Please refer to this Court’s Criminal Pretrial and Trial Standing Order for information regarding criminal trials.
APPEARANCES 8. Sentencing, change of plea, and any evidentiary hearings shall be in person. Zoom appearances will only be permitted for good cause on a case-by-case bases. If a Zoom appearance is requested, the lawyers and defendant must file a stipulation two days before the scheduled hearing. 9. Status conferences and non-evidentiary motions may proceed by Zoom. Status conferences and motions for in-custody defendants will occur by Zoom as long as the CARES Act is in effect.
10. Persons granted remote access to court proceedings by Zoom teleconference or telephone are strictly prohibited from photographing, including “screen-shots,” recording, and rebroadcasting the court proceeding. Pursuant to General Order 58, ⁋ III, violation of these prohibitions may result in sanctions, including remove of court-issued media credentials, restricted entry to future hearings, or any other sanctions deemed necessary by the court.
SEALED DOCUMENTS 11. Parties seeking to file a document under seal must follow the procedures required by the Criminal Local Rules. All documents under seal should be lodged with the San Francisco Clerk’s Office and the parties shall submit a chambers copy of the documents under seal.
CHANGE OF PLEA 12. If a plea is being entered pursuant to a plea agreement, counsel for the government shall deliver a copy of the plea agreement to the Clerk’s Office in San Francisco by 2:00 p.m. the Friday before the plea is to be entered and email a courtesy copy to TLTCRD@cand.uscourts.gov.
If there is to be an open plea, counsel for the defendant shall notify the Court by 2:00 p.m. the Friday before the open plea is to be entered. //

United States District Court Northern District of California MANDATORY REMAND STATUTE 13. Prior to change of plea and sentencing hearings for out-of-custody Defendants, the government shall indicate whether the offense of conviction is subject to the mandatory remand statute, 18 U.S.C. § 3143. The government shall email the Court (with all counsel cc’d) to TLTCRD@cand.uscourts.gov by no later than the Monday before the hearing. MOTIONS 14. Motions must be noticed for a hearing in accordance with Criminal Local Rule 471. Counsel need not reserve a hearing date in advance. However, before selecting a hearing date, counsel must consult Judge Thompson’s scheduling notes to determine which dates are available.
Motions may be reset as the Court’s calendar requires. All motions shall comply with Criminal Local Rule 47-2. Please refer to this Court’s Criminal Pretrial and Trial Standing Order for information regarding motions in limine. All filing deadlines are at 5:00 p.m. unless otherwise ordered. 15. Electronically filed documents must be text-searchable PDFs whenever possible. This requirement is waived for self-represented litigants who are proceeding without a lawyer.
COURTESY COPIES 16. Digital courtesy copies of motions filings, including supporting documents, shall be submitted to the Court on portable media (e.g., a flash drive or CD).
INVITATION TO SELF-IDENTIFY PRONOUNS AND HONORIFICS 17. Parties and lawyers may indicate their pronouns (e.g., she/her, he/him, they/their) and honorifics (e.g., Mr., Ms., Mx., Dr.) by filing a letter, adding the information in the name block or signature line of the pleadings, or verbally informing the Court when making an appearance. IT IS SO ORDERED. Dated: August 22, 2025 TRINA L. THOMPSON United States District Judge

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Judge Thompson's Criminal Pretrial and Trial Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/Criminal-Pretrial-and-Trial-Standing-Order-FINAL-082922.pdf]

United States District Court Northern District of California UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA STANDING ORDER FOR CIVIL JURY PRETRIAL AND TRIAL BEFORE DISTRICT JUDGE TRINA L. THOMPSON INTRODUCTION 1. The parties must make every effort to raise and, if possible, resolve pretrial and trial issues early. While the Court understands that trial is not entirely predictable, the parties must frontload all evidentiary and legal disputes to the extent possible. Issues that surface unnecessarily on the eve of or during trial waste the jury’s time and are strongly disfavored.
MEET AND CONFER 2. At least 30 days before the final Pretrial Conference, lead counsel who will try the case shall meet and confer with respect to the following subjects: (1) settlement of the case; (2) preparation of the joint pretrial filings to be served and lodged pursuant to Federal Rule of Civil Procedure 26(a)(3); and (3) clarifying and narrowing the contested issues for trial in order to achieve a just, speedy, and efficient resolution of the case. Counsel in close geographical proximity are encouraged to meet in person.
EXCHANGE OF EVIDENCE 3. At least 30 days before the Pretrial Conference, each party shall provide every other party (but not the Court) with one set of all proposed exhibits, charts, schedules, summaries, diagrams, and other similar documentary materials to be used in its case in chief at trial, together with a complete list of all such proposed exhibits. These materials may be provided in electronic form if the parties so agree. Voluminous exhibits shall be reduced by elimination of irrelevant portions or through the use of summaries. Exhibits must be marked in accordance with paragraphs 16–18 of this Order. All exhibits not provided are subject to exclusion in the reasonable exercise of the Court’s discretion.

United States District Court Northern District of California 4. At least 30 days before the Pretrial Conference, each party shall provide every other party (but not the Court) with (1) the names of all witnesses each party intends to call at trial, as well as a brief description of the subject matter of their testimony; and (2) a list containing citations to all evidence that a party might introduce at trial, other than that to be used solely for impeachment or rebuttal, that was obtained from deposition testimony, interrogatory responses, or responses to requests for admission. All witnesses and citations not identified are subject to exclusion in the reasonable exercise of the Court’s discretion.
PRETRIAL FILINGS 5. Unless otherwise ordered, the parties shall file the documents listed in paragraphs 6–15 (i.e., joint pretrial statement and proposed order, proposed jury instructions, proposed voir dire questions, proposed verdict forms, proposed statement of the case, and trial briefs) no later than 14 days before the pretrial conference. Proposed jury instructions, voir dire questions, verdict forms, and proposed statements of the case should not be submitted in cases tried to the bench.
No later than 14 days before the final pretrial conference, the parties shall also submit the joint proposed pretrial statement and proposed order, and any proposed jury instructions, voir dire questions, verdict form(s), and statement of the case in Word format via email to Courtroom Deputy, Robert McNamee, at TLTPO@cand.uscourts.gov.
6. Digital courtesy copies of these materials (as well as any motions in limine, oppositions to those motions, and/or statements of non-opposition) must be delivered to the Clerk’s office on portable media (e.g., a flash drive or CD) by noon the day after filing. All courtesy copies must be marked with the ECF stamp (case number, document number, date, and page number) on the top of each page. The portable media shall be clearly labeled with Judge Thompson’s name and the case number.
7. Joint Pretrial Statement and Proposed Order. The parties shall file a joint pretrial statement and proposed order, which must contain the following information: a) Substance of the Action. A brief description of the parties, the substance of claims and defenses that remain to be decided, and the operative pleadings that raise the issues.

United States District Court Northern District of California b) Relief Requested. A detailed statement of all requested relief, particularly itemizing all elements of damages claimed. c) Undisputed Facts. A plain and concise statement of all relevant facts to which the parties will stipulate for incorporation into the trial record without supporting testimony or exhibits. The parties shall exercise good faith in stipulating to facts that are not reasonably disputable. d) Disputed Factual Issues. A plain and concise list of the issues of fact that are contested and remain to be litigated at trial. e) Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts. f) Stipulations. A statement of stipulations requested or proposed. g) Witnesses to be Called. A list of all witnesses likely to be called at trial, other than solely for impeachment or rebuttal, together with a brief statement following each name describing the substance of the testimony to be given. No party shall be permitted to call any witness in its case in chief who is not disclosed in its pretrial statement unless the Court grants leave for good cause. h) Exhibits, Schedules, and Summaries. A list of all documents or other items to be offered as exhibits at trial, other than solely for impeachment or rebuttal, and a brief statement following each that describes: (1) its substance or purpose; (2) the identity of the sponsoring witness; and (3) whether the parties have stipulated to its admissibility and, if they have not, the objection to its admission, the grounds for the objection, and the position of the offering party. If the list is voluminous, Section (h) should be attached as an appendix to the joint pretrial statement and proposed order. i) Disputed Legal Issues. Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions. j) Pending Motions or Matters. A statement of any motions or other matters that must be resolved prior to trial.

United States District Court Northern District of California k) Bifurcation or Separate Trial of Issues. A statement of whether either party requests bifurcation or a separate trial of specific issues and why.
l) Use of Discovery Responses. A list containing citations to all evidence that a party might introduce at trial, other than that to be used solely for impeachment or rebuttal, that was obtained from deposition testimony, interrogatory responses, or responses to requests for admission. Counsel shall state any objections to the use of these materials, the grounds for the objections, the position of the offering party, and shall certify that the parties have conferred regarding such objections. If the list is voluminous, Section (l) should be attached as an appendix to the joint pretrial statement and proposed order. m) Estimate of Trial Time. An estimate of the number of court days needed for the presentation of each party’s case, indicating possible reductions in time through proposed stipulations, agreed statements of facts, or expedited means of presenting testimony and exhibits. n) Settlement Discussion. A brief summary of the status of settlement negotiations, without indicating specific dollar amounts, and an indication of whether further negotiations are likely to be productive and what, if anything, would facilitate settlement. o) Miscellaneous. Any other matters that will facilitate the just, speedy, and efficient resolution of the action. 8. Binding Effect of the Joint Pretrial Statement. The joint pretrial statement and proposed order shall include the following language directly above the signature lines:

The foregoing admissions having been made by the parties, and the parties having specific the foregoing issues of fact and law remaining to be litigated, this order shall supplement the pleadings and govern the course of trial of this case, unless modified by the Court to prevent manifest injustice.
9. Proposed Jury Instructions. The parties shall meet and confer and 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 or the California Civil Jury Instructions (CACI) where applicable. Any modifications to a form

United States District Court Northern District of California instruction must be plainly identified to the Court. Any language a party proposes to be removed from a model instruction must be designated with a strikethrough and language proposed to be added to a model instruction must be underlined. 10. The parties should include proposed text for all proposed jury instructions, even for any form preliminary instructions, general instructions, or concluding instructions on which they agree. Instructions upon which the parties agree shall be identified as “Stipulated Instruction No. __ Re _______,” with blanks filled in as appropriate.
11. If, after meeting and conferring in good faith, the parties cannot agree on a proposed jury instruction, each party’s proposed version shall be provided and identified as “Disputed Instruction No. __ Re _______, Offered by ________,” with 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, including supporting case citations. 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 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.
12. Proposed Voir Dire Questions. In cases tried before a jury, the parties are expected to meet and confer and file a joint set of proposed voir dire questions for the Court to ask. Unless otherwise indicated, the Court will conduct voir dire. 13. If, after meeting and conferring in good faith, there are proposed questions about which the parties do not agree, each party may submit a list of disputed proposed questions they wish to be put to the venire. The proponent of each disputed question shall provide proposed language, identified as “Disputed Question No. __, Offered by ________,” with blanks filled in as appropriate. No argument concerning why a disputed proposed question should or should not be asked shall be submitted. //

United States District Court Northern District of California 14. Note that during voir dire the Court will elicit the jurors’ basic biographical information through its own questioning (e.g., current employment, marital status, past jury service), so those subjects need not be included in the parties’ set of proposed questions. 15. Proposed Verdict Forms. The parties are expected to meet and confer and file a joint proposed verdict form. If, after a good faith effort to meet and confer, the parties cannot agree on a joint form, the parties may submit separate proposed verdict forms. If the verdict form is disputed, each party shall explain, in no more than one page, why its proposed verdict form should be given. 16. Proposed Statement of the Case. The parties shall jointly file a proposed 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). 17. Trial Briefs. Parties are not required to file trial briefs. If a party chooses to file a trial brief, it shall not be longer than five pages and must be filed at least seven days prior to the commencement of trial. Trial briefs shall not duplicate the contents of the joint pretrial statement and proposed order. EXHIBITS 18. Each exhibit shall be pre-marked with a trial exhibit sticker (“Trial Exhibit No.__”), not deposition exhibit label, and defendant’s exhibit numbers shall be sequenced to begin after plaintiff’s exhibit numbers. 19. The parties shall agree on blocks of numbers to fit the needs of the case (e.g., Plaintiff has 1–100, Defendant has 101–200) and make a good faith effort to avoid marking the same exhibit in their respective blocks. If the same exhibit is marked by more than one party, the defendant shall withdraw the duplicative exhibit (but should not renumber its portion of the exhibit list). Section (h) of the parties’ joint pretrial statement and proposed order must identify the exhibit numbers of the exhibits withdrawn as duplicates. // // //

United States District Court Northern District of California 20. Exhibits shall be identified with tags in the format shown here; 21. At least 21 days prior to the Pretrial Conference, the parties shall make a good faith effort to stipulate to exhibits’ admissibility. If stipulation is not possible, the parties shall make every effort to stipulate to at least authenticity and foundation absent a legitimate (not tactical) objection.
22. Unless otherwise ordered, at least seven days before trial, the parties must deliver three sets of all pre-marked exhibits in clearly labeled three-ring binders to the Clerk’s office, marked for the attention of the Courtroom Deputy, Robert McNamee. The quality, condition, and labeling of the binders should be such that the Court can easily transport and review the binders’ contents. Whenever possible, the spine of a binder should not be wider than three inches.
23. At least three days prior to the first day of trial, the parties shall file form exhibit and witness lists. The form exhibit list should include the following columns: (1) Exhibit Number; (2) Brief Description; (3) Sponsoring Witness; (4) Date Marked for Identification (left blank); and (5) Date Admitted Into Evidence (left blank). The form witness list should include the following columns: (1) Witness Name; (2) Brief Summary of Testimony; and (3) Exhibits (left blank).
24. The parties are encouraged to resolve as many trial issues by stipulation as possible. The parties shall meet and confer no later than 21 days before the pretrial conference to determine whether any evidentiary issues may be resolved by stipulation. No party may file a motion in limine without first making a good faith effort to resolve the evidentiary issue with opposing counsel.

United States District Court Northern District of California 25. Motions in limine must be filed with the Court no later than 21 days prior to the date set for the Pretrial Conference. Each party is limited to bringing five motions in limine.
Motions in limine cannot be used to request summary judgment or raise Daubert challenges unless the Court has specifically granted prior approval. Each motion shall be no longer than five pages and should address a single, separate topic. Motions should be clearly identified as “___________’s Motion in Limine No. __ Re: ____________.” If the content of an exhibit is necessary to the resolution of a motion in limine, that exhibit must be attached to a declaration in support of the motion. No party filing a motion in limine should submit digital courtesy copies of their motions to the Court until the parties file their pretrial filings 14 days before the Pretrial conference.
26. Any party filing a motion in limine must first seek a stipulation from the opposing party or parties to the relief requested in the motion. The Court ordinarily does not grant leave to file motions in limine under seal. 27. Any party opposing a motion in limine shall file its opposition papers (or statement of non-opposition) no later than 14 days prior to the Pretrial Conference. Each opposition is limited to five pages; the moving party shall not file a reply brief. Courtesy copies of all motions in limine and oppositions must be included in the binder containing the parties’ pretrial filings in the format described in paragraph five of this Order. 28. The motions will be heard at the Pretrial Conference or at such other time as the Court may direct.
CONTINUANCES 29. Trial dates are firm once set by the Court. Continuances are disfavored. No continuance of a scheduled trial date will be granted except by order of the Court in response to a motion made in accordance with the provisions of Civil Local Rule 7. The Court will rarely continue a trial because the parties have “settled in principle.” Unless otherwise ordered by the Court, a stipulated dismissal will be required. Failure of a party to proceed with the trial on the scheduled trial date may result in the assessment of jury costs and the imposition of appropriate

United States District Court Northern District of California sanctions, including dismissal or entry of default. Jury costs may be also assessed for failure to provide the Court with timely notice of a settlement in accordance with Civil Local Rule 40-1.
TRIAL 30. Trial will be conducted from 8:30 a.m. to 1:30 p.m. on Mondays through Thursdays. Counsel must arrive by 8:00 a.m. each day, or earlier if directed by the Court, to discuss any matters that need to be heard outside the presence of the jury. The jury will be called at 8:30 a.m.
31. Should a daily transcript and/or real-time reporting be desired, the parties shall e- file a transcript order form (CAND 435), at least 14 days before trial, and make arrangements with Richard Duvall, Supervisor of the Court Reporting Services at (415) 522-2079, at least ten calendar days prior to the trial date.
32. The courtroom is equipped with monitors and a sound system. Should the parties wish to utilize additional technology, the United States Marshals Service requires a court order to allow equipment into the Courthouse. The parties must file a written request and proposed order no later than seven days prior to the beginning of trial if they wish to bring any such technology into the Courthouse. Parties should be prepared to fix any equipment, if necessary. 33. The parties shall disclose the witnesses whom they will call and the exhibits to be introduced through those witnesses (except exhibits to be used solely for impeachment purposes) by noon the day before the parties intend to call those witnesses. Failure to have a witness ready to proceed at trial will usually constitute resting. 34. The Court strongly encourages the parties to permit junior lawyers to examine witnesses and to have an important role at trial.
35. At the end of the trial day, the parties shall meet and confer regarding all exhibits and demonstratives intended to be produced on the following day. Meeting and conferring via email is not sufficient; the parties must meet in person or over the telephone. If the parties cannot in good faith resolve all of their evidentiary disputes without the Court’s involvement, each party shall file a single statement of five pages or less framing its position on the dispute(s) by midnight.

United States District Court Northern District of California If deposition designations are the subject of any unresolved disputes, the relevant deposition excerpts must be attached to the parties’ statements. 36. Counsel must consult with the courtroom deputy, Robert McNamee, at the beginning of the first day of trial regarding the procedure for tracking admitted exhibits and any limitations thereon. If there are any disagreements between the parties regarding the status of the exhibits, counsel shall bring them promptly to the Court’s attention. 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. Counsel should also be prepared to upload all admitted exhibits from a flash drive to the jury computer so that the jury may access the exhibits during deliberation. 37. Upon the conclusion of the trial, each party shall retain its exhibits through the appellate process. It is each party’s responsibility to make arrangements with the Clerk of Court to file the record on appeal. IT IS SO ORDERED. TRINA L. THOMPSON United States District Judge Dated: August 22, 2025

United States District Court Northern District of California APPENDIX A CHRONOLOGICAL SUMMARY OF PRETRIAL EXCHANGES AND SUBMISSIONS Date Event 30 Days Before Pretrial Conference Lead counsel to meet and confer regarding settlement, pretrial filings, and narrowing of issues (¶ 2) Provide all other parties with proposed exhibits, charts, schedules, summaries, diagrams, and other similar documentary materials to be used case in chief at trial, as well as a list of those materials (¶ 3) Provide all other parties (1) the names of all witnesses each party intends to call at trial, as well as a brief description of the subject matter of their testimony; and (2) a list containing citations to all evidence that a party might introduce at trial, other than that to be used solely for impeachment or rebuttal, that was obtained from deposition testimony, interrogatory responses, or responses to requests for admission (¶ 4) 21 Days Before Pretrial Conference File any motions in limine (¶¶ 24-26) 14 Days Before Pretrial Conference File joint pretrial statement and proposed order (¶ 7) File proposed jury instructions (jury trial only) (¶¶ 9–11) File proposed voir dire questions (jury trial only) (¶¶ 12–14) File proposed verdict forms (jury trial only) (¶ 15) File proposed statement of the case (jury trial only) (¶ 16) File oppositions/statements of non-opposition to motions in limine (¶ 27) Email Word versions of the proposed joint pretrial statement and proposed order, proposed jury instructions, voir dire questions, verdict form(s), and statement of the case to TLTPO@cand.uscourts.gov. (¶ 5) 13 Days Before Pretrial Conference (by Noon) Submit two binders to the Clerk’s office containing the joint pretrial statement and proposed order, any proposed jury instructions, voir dire questions, verdict forms, statement of the case, and trial briefs, as well as all motions in limine, oppositions, and/or statements of non- opposition (¶ 6) 7 Days Before Trial Submit a flash drive to the Clerk’s office containing the exhibits identified in Section (h) of the parties’ joint pretrial statement and proposed order (and not already excluded by the Court in limine) (¶ 7) File trial brief, if any party wishes to do so (¶ 17) 3 Days Before Trial File form exhibit and witness lists (¶ 23)

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Judge Thompson's Civil Jury Trial Guidelines

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/Guidelines-for-Civil-Jury-Trials-FINAL-082922.pdf]

United States District Court Northern District of California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

GUIDELINES FOR CIVIL JURY TRIALS BEFORE DISTRICT JUDGE TRINA L. THOMPSON

TRIAL 1. Trial Schedule. Unless otherwise ordered, trial will be held on Monday through Thursday from 8:30 a.m. to 1:30 p.m. with two 15-minute breaks. Counsel must arrive by 8:15 a.m. or earlier, as needed, for any matters to be heard out of the presence of the jury. Please be prepared to start with the jury at 8:30 a.m. 2. Juror Selection. In civil jury cases, there are no alternate jurors. FRCP 47(b), 48. The jury is selected as follows, though the Court may alter this procedure in its discretion: (a) All potential jurors are called and seated in the jury box and courtroom benches in the order their names are drawn from the drum. This placement will now determine their order in the selection process. (b) The Court then conducts its voir dire of the entire panel. (c) Once this questioning is accomplished, the Court will advise counsel at sidebar which potential jurors it will excuse for cause. This determination is preliminary only. (d) Counsel are then permitted to conduct limited voir dire of the entire panel. (e) Once all voir dire is completed, the Court will address all challenges for cause and excuse those potential jurors who have been successfully challenged. The Court will then advise counsel as to the number of jurors who will be seated. (f) After a short recess, each side may exercise its allotment of peremptory challenges. //

United States District Court Northern District of California (g) Once the jury selection is completed, the jurors’ names will be read again and they will be seated in the jury box and sworn. 3. Jurors’ Use of Notes. Jurors may take notes. Steno notebooks will be distributed at the beginning of each trial. The pads will remain in the jury room at the end of each day. Jurors will be instructed on the use of notes both in the preliminary and final jury instructions. 4. Opening Statements. Counsel must cooperate and meet and confer to exchange any visuals, graphics or exhibits to be used in the opening statements, allowing for time to work out objections and any reasonable revisions. Be prepared for opening statements as soon as the jury is sworn. 5. Lay Witnesses.
(a) A witness not included in the pre-trial list may not be used without good cause. This rule does not apply to true rebuttal witnesses (other than experts). Defense witnesses are normally case-in-chief witnesses, not “rebuttal” witnesses. (b) Throughout the trial, all counsel are entitled to know a firm order of witnesses for the next full court day and the exhibits that will be used on direct examination (other than for impeachment of an adverse witness). All other counsel 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). This requires that the first such notice be provided before trial actually begins. (c) Counsel must always have their next witness ready and in the courthouse. Failure to have the next witness ready or to be prepared to proceed with the evidence will usually constitute resting. (d) When there are multiple defendants, counsel are responsible for coordination of their cross-examination to avoid duplication. 6. Expert Witnesses.
(a) A recurring problem in trials is the problem of expert witnesses trying to go beyond the scope of their expert reports on direct examination. FRCP 26(a)(2)

United States District Court Northern District of California and FRCP 37(c) limit experts to the opinions and bases contained in their timely reports (absent substantial justification or harmlessness). The Court regularly enforces these rules. FRCP 26(a) even requires that any “exhibits to be used as summary of or support for the opinions” be included in the report.
Accordingly, at trial, the direct testimony of experts will be limited to the matters disclosed in their reports. Omitted material may not ordinarily be added on direct examination. This means the reports must be complete and sufficiently detailed. Illustrative animations, diagrams, charts and models may be used on direct examination only if they were part to the expert’s report, with the exception of simple drawings and tabulations that plainly illustrate what is already in the report, which can be drawn by the witness at trial or otherwise shown to the jury. If cross-examination fairly “opens the door,” however, an expert may go beyond the written report on cross-examination and/or re-direct examination. By written stipulation, of course, all sides may relax these requirements. (b) As to damages studies, the cut-off date for past damages will be as of the expert report (or such earlier date as the expert may select). In addition, the experts may try to project future damages (i.e., after the cutoff date) if the substantive standards for future damages can be met. With timely leave of the Court or by written stipulation, experts may update their reports (with supplemental reports) to a date closer to the time of trial. (c) The case management order will already have set out the timetable for expert reports. 7. Use of Depositions to Impeach. Depositions can be used at trial to impeach a witness testifying at trial or, in the case of a party deponent, “for any purpose.” Please adhere to the following procedure: (a) On the first day of trial, bring the original and clean copies of any deposition(s) for which you are responsible. Any corrections must be readily available. If

United States District Court Northern District of California you are likely to need to use the deposition during a witness examination, then give the Court a copy with any corrections at the outset of your examination.
This will minimize delay between the original question and the read-ins of the impeaching material. Opposing counsel should have their copy immediately available. The first time a deposition is read, the Court will give an appropriate explanation to the jury about how it is to consider depositions. (b) When you wish to read in a passage, simply say, for example: “I wish to read in page 210, lines 1 to 10 from the witness’ deposition.” Allow a brief pause for any objection. (c) The first time a deposition is read, state the deponent’s name, the date of the deposition, and the name of the lawyer asking the question. If it was a FRCP 30(b)(6) deposition, please say so. (d) When reading in the passage, state “question” and then read the question exactly. Then state “answer” and then read the answer exactly. This is necessary so the jury and the court reporter can follow who was talking at the deposition. (e) Please do NOT ask, “Didn’t you say XYZ in your deposition?” The problem with such a question is that the “XYZ” rarely turns out to be exactly what the deponent said. Instead, ask for permission to read in a passage, as above, and read it in exactly, so that the jury can hear what was actually testified to. (f) Subject to Rule 403, party depositions may be read by a party opponent whether or not they contradict (and regardless of who the witness is on the stand). For example, a short party deposition excerpt may be used as foundation for questions for a different witness on the stand. (g) Rather than reading the passage, counsel are free to play an audiovisual digitized version of the passage, but must be prepared to do so without delay. // //

United States District Court Northern District of California 8. Deposition Designation. The following procedure applies only to witnesses who appear by deposition. It does not apply to live witnesses whose depositions are read in while they are on the stand. The following steps should be followed. (a) Deposition testimony should be provided to all other parties at least five calendar days before it will be used in court. For the rare case of voluminous designations, more lead time will be required. Please be reasonable. (b) To designate deposition testimony, photocopy the cover page, the page on which the witness is sworn, and each page from which any testimony is proffered, crossing out any portions of such pages not proffered, as well as objections or colloquy (unless needed to understand the question). Please make sure any corrections are interlineated and that references to exhibit numbers conform to the trial numbers. (c) All other parties must then promptly review and return the packet, highlighting in yellow any passages objected to, and in blue additional passages as needed to cure the completeness objection. Please cross out any irrelevant portions of any additional pages. A completeness objection should normally be made only if a few extra lines will cure the problem. The parties must provide brief explanations for any additions or deletions. They must also return any counter designations at the same time. (d) The parties must meet and confer as reasonable. Counsel for the proffering party must then assemble a final packet, including objections and responses to objections, and provide it to the Court at least two calendar days before the proffer will be used. Ordinarily, argument will not be needed. (e) When the packet is read to the jury, the examiner reads the questions (and any relevant colloquy) from the lectern and a colleague sits in the witness stand and reads the answers. When a video-taped deposition is to be played instead, the packets must still be prepared, as above, in order to facilitate rulings on

United States District Court Northern District of California objections. The video should omit any dead time, long pauses, and objections/colloquy not necessary to understand the answers. 9. Requests for Admissions and Interrogatories. Please designate responses to requests for admissions and interrogatory answers in the same manner and under the same timetable as depositions. 10. Checking Admitted Evidence. At the end of each trial day and again immediately before the case goes to the jury, counsel are required to consult with each other and with the deputy clerk and as to which exhibits are in evidence and any limitations thereon. If there are discrepancies between the evidence that the Court has admitted and the evidence that has been placed in the binder, counsel must bring them promptly to the Court’s attention. Counsel may, but are not required to, jointly provide a revised list of all exhibits actually in evidence (and no others) stating the exhibit number and a brief, non-argumentative description (e.g., letter from A to B, dated August 17, 1999). This list may go into the jury room to help the jury sort through exhibits. 11. Objections. There may only be one lawyer per witness per party for all purposes, including objections. Counsel shall stand when making objections and succinctly state the legal basis only. Speak up promptly. Side bar conferences are discouraged. The procedure described above should eliminate the need for most side bars. To maximize jury time, counsel must alert the Court in advance of any problems that will require discussion outside the presence of the jury, so that the conference can be held before court begins or after the jury leaves for the day. 12. Time Limits. Ordinarily, the Court shall 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 must fit within your time limit and you may allocate it as you wish. Opening and closing time limits shall be separately considered. Counsel must keep track of everyone’s usage. At the end of each day, counsel must confer over the time used and the time remaining for all parties and advise the Court daily. The Court will also try to keep track. The time taken at a side bar or on objections will still be charged to the examining party unless otherwise ordered. // //

United States District Court Northern District of California SETTLEMENTS AND CONTINUANCES
13. Advising the Court. Shortly before trial or a final pretrial conference, counsel occasionally wish jointly to advise the clerk that a settlement has been reached and seek to take the setting off calendar but it turns out later that there was only a settlement “in principle” and disputes remain. Cases, however, cannot be taken off calendar in this manner. Unless and until a stipulated dismissal or judgment is filed or placed on the record, all parties must be prepared to proceed with the final pretrial conference as scheduled and to proceed to trial on the trial date, on pain of dismissal of the case for lack of prosecution or entry of default judgment. Only an advance continuance expressly approved by the Court will release counsel and the parties from their obligation to proceed. If the parties expect that a settlement will be final by the time of trial or the final pretrial conference, they should notify the Court immediately. The Court will attempt to confer with counsel as promptly as circumstances permit to determine if a continuance is in order. Pending such a conference, however, counsel must prepare and make all filings and be prepared to proceed with the trial. 14. Sanctions and Costs. Local rule 40-1 provides that jury costs may be assessed as sanctions for failure to provide the Court with timely written notice of a settlement. 15. Change of Trial Date. Because of scheduling conflicts with other cases on the docket, the Court retains the discretion to change the trial date, either by way of advancement or continuance. In the event the trial date is changed, the parties may seek an adjustment of the time limits for compliance with the requirements of this order, which shall be effective only upon Court approval. IT IS SO ORDERED. Dated: August 26, 2022

TRINA L. THOMPSON United States District Judge

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Judge Thompson's Standing Order on Civility and Professionalism

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/TLT-Civility-and-Professionalism-Standing-Order.pdf]

United States District Court Northern District of California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

STANDING ORDER ON CIVILITY AND PROFESSIONALISM

To preserve and promote the fair administration of justice, this Court adopts the following Standing Order on Civility and Professionalism. All counsel and parties appearing before this Court must adhere to the standards outlined herein.

I. PURPOSE This Standing Order reinforces the Court’s commitment to civility, integrity, professionalism, and respect in all proceedings. The Court expects that all participants in the legal process—judges, lawyers, parties, and witnesses—will conduct themselves with dignity, courtesy, and mutual respect, regardless of the nature of the dispute or the identity of the participants.

II. AUTHORITY This Order is issued pursuant to the inherent powers of the Court, Federal Rule of Civil Procedure 83, ABA Model Rules of Professional Conduct, California Rules of Professional Conduct (“CRPC”), California Rules of Court, and Rule 9.7 and Standard of Judicial Administration 10.20, which incorporate the California Attorney Guidelines of Civility and Professionalism.

III. APPLICABILITY This Order applies to:

1. All attorneys admitted or appearing pro hac vice in the Northern District of California.

United States District Court Northern District of California 2. All parties, including self-represented litigants. 3. Law firm personnel, including paralegals and support staff. 4. Court-appointed neutrals and experts.

IV. GUIDING PRINCIPLES All participants shall:

1. Act with Integrity and Respect: Treat all persons involved in the legal process—including opposing counsel, parties, court personnel, and witnesses—with fairness, respect, and courtesy, even when in disagreement. See ABA Model Rule 3.4; CRPC 3.4.
2. Avoid Hostility and Derogatory Conduct: Abstain from conduct that demeans the dignity of the Court, the opposing party, or the profession. Personal attacks, inflammatory language, discriminatory statements, or abusive tactics will not be tolerated. See ABA Model Rule 8.4(d); CRPC 8.4(d).
3. Communicate Professionally: Be civil and respectful in all communications, written and oral. Written submissions should not contain sarcastic or disrespectful language or unnecessary vitriol. See ABA Model Rule 8.4(d); CRPC 8.4(d). Emails and letters between counsel should be professional and focused on resolving disputes in good faith.
   See ABA Model Rule 3.1; CRPC 3.1.
4. Respect Scheduling and Time: Make reasonable efforts to accommodate the schedules of opposing counsel, parties, witnesses, and the Court. Requests for extensions or continuances should be made only when necessary and never for improper advantage. See ABA Model Rule 3.4; CRPC 3.4.
5. Promote Efficient Resolution: Engage in reasonable efforts to resolve disputes informally before filing motions. Meet and confer obligations must be taken seriously and approached with a genuine intention to resolve issues without judicial intervention. See ABA Model Rule 3.1; CRPC 3.1.
6. Uphold Professional Responsibilities: Fulfill duties of candor to the Court and abide by applicable ethical rules. See ABA Model Rule 3.3; CRPC 3.3.

United States District Court Northern District of California 7. Educate and Mentor: Encourage and model civility and professionalism, especially with respect to junior lawyers, clerks, and law students. Senior lawyers are expected to lead by example. See ABA Model Rule 5.1; CRPC 5.1.

V. INTEGRITY
In accordance with the ABA Model Rules of Professional Conduct, California Rules of Professional Conduct, and the ethical obligations to this Court, all parties, counsel, and participants must adhere to the following principles of integrity:

1. Truthfulness in Representations: All submissions to the Court—whether oral, written, or evidentiary—must be accurate and made in good faith. See ABA Model Rule 3.3; CRPC 3.3, 5-200.
2. Professional Decorum: Counsel and litigants shall engage in civil and respectful conduct, refraining from frivolous claims, ad hominem attacks, or obstructive tactics. See ABA Model Rule 3.1, 8.4(d); CRPC 3.1, 8.4(d).
3. Duty of Fairness: The Court expects all parties to act without malice or improper advantage, ensuring proceedings remain just and efficient. See ABA Model Rule 3.4; CRPC 3.4.
4. Compliance with Orders: Strict adherence to court directives is required; failure to comply may result in sanctions under the Court’s inherent authority or applicable procedural rules.
   See ABA Model Rule 3.4(c); CRPC 3.4(f).

VI. COURTROOM CONDUCT
When appearing before the Court, counsel and parties shall:

1. Be punctual and prepared for all hearings, conferences, and proceedings.
2. Stand when addressing the Court (unless physically unable).
3. Refrain from interrupting the Court or opposing counsel.
4. Address all arguments to the Court, not to opposing counsel.
5. Follow all procedural and evidentiary rules and raise objections respectfully.

United States District Court Northern District of California VII. USE OF ARTIFICIAL INTELLIGENCE (“AI”) The use of AI tools may result misrepresentation and fabricated caselaw. Counsel is responsible for providing the Court with complete and accurate representations of the record, procedural history, and cited legal authorities. Use of ChatGPT or other such AI 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. See ABA Resolution 604 (2024) (encouraging use of AI in a manner consistent with professional responsibility, including maintaining client confidentiality and supervising technology). Failure to exercise due care in reviewing and filing work product created with the assistance of AI tools may result in sanctions under Federal Rule of Civil Procedure 11 or expose counsel to disciplinary action.
Any billing statements submitted for review of the Court must indicate AI usage when applicable. See ABA Model Rule 1.5; ABA Formal Opinion 512 (2024); CRCP 1.5.

VIII. ENFORCEMENT AND REMEDIES The Court may impose appropriate sanctions for violations of this Standing Order, including but not limited to:

1. Admonishment on the record.
2. Monetary sanctions under Rule 11 or the Court’s inherent powers.
3. Revocation of pro hac vice status.
4. Referral to the Court’s Standing Committee on Professional Conduct. Persistent incivility, even if not rising to the level of a formal ethics violation, may result in judicial notice and appropriate remedial action.

IX. RESOURCES
The following are incorporated by reference and may guide interpretation of this Order:

1. ABA Model Rules of Professional Conduct
2. California Attorney Guidelines of Civility and Professionalism

United States District Court Northern District of California 3. California Rules of Court, Rule 9.7 4. California Standards of Judicial Administration, Standard 10.20 X. CONCLUSION Civility is not a matter of courtesy alone, but of institutional integrity and public trust. The Court expects all participants to uphold these standards. Zealous advocacy and professionalism are not mutually exclusive. This Standing Order is intended to ensure that both remain central to the practice of law in this District. Dated:

TRINA L. THOMPSON United States District Judge IT IS SO ORDERED. August 18, 2025

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Judge Thompson's Civil Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/Civil-Standing-Order-FINAL-Updated-050426.pdf]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA STANDING ORDER FOR CIVIL CASES BEFORE DISTRICT JUDGE TRINA L. THOMPSON CONFORMITY TO RULES 1. Parties and counsel shall follow the Federal Rules of Civil Procedure, Civil Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court’s standing orders. Any failure to comply with any of the rules and orders may be deemed sufficient grounds for monetary sanctions, dismissal, entry of default judgment, or other appropriate sanctions. SERVICE OF STANDING ORDER 2. Plaintiff (or in the case of removed cases, any removing defendant) shall promptly serve copies of this standing order and the Standing Order for All Judges of the Northern District of California upon all parties to the action, and upon those subsequently joined, in accordance with the provisions of Federal Rules of Civil Procedure 4 and 5. Following service, the responsible party shall file a certificate of service with the Clerk of this Court. COMMUNICATION WITH THE COURT 3. Counsel shall not attempt to contact Judge Thompson or her chambers staff by telephone, email, or any other ex parte means, but may contact her Courtroom Deputy, Robert McNamee, at (415) 522-2039 or TLTCRD@cand.uscourts.gov regarding scheduling or other appropriate matters. SCHEDULING 4. All hearings and appearances will be held in Courtroom 9 on the 19th floor of the United States Courthouse, 450 Golden Gate Avenue, San Francisco, California. // United States District Court Northern District of California

Trials are generally conducted from 8:30 a.m. until 1:30 p.m., Monday through Thursday. Please refer to this Court’s Civil Pretrial and Trial Standing Order for information regarding civil trials. 6. Civil motions are generally heard on Tuesday at 2:00 p.m. 7. Civil case management conferences are generally conducted on Thursday at 2:00 p.m. 8. Civil pretrial conferences are generally conducted on Thursday at 3:00 p.m. 9. Counsel need not reserve motion hearing dates but should check Judge Thompson’s scheduling notes on the Court’s website to determine the next available law and motion calendar date. Motions may be reset as the Court’s calendar requires. The order of call on each calendar will be determined by the Court. Scheduling questions should be addressed to Judge Thompson’s Courtroom Deputy. 10. The Court may find a matter suitable for disposition without oral argument and vacate the hearing on the matter. If, however, any party advises the Court in writing by no later than two days from the date of the order vacating the hearing that the argument for its side will be conducted by a lawyer who has been licensed to practice law for five or fewer years, then the Court will consider rescheduling the hearing in order to provide that opportunity. INVITATION TO SELF-IDENTIFY PRONOUNS AND HONORIFICS 11. Litigants and lawyers may indicate their pronouns (e.g., she/her, he/him, they/their) and honorifics (e.g., Mr., Ms., Mx., Dr.) by filing a letter, adding the information in the name block or signature line of the pleadings, or verbally informing the Court when making an appearance. CASE MANAGEMENT CONFERENCES 12. Unless otherwise ordered, the parties must file a joint case management statement addressing those items required by the Standing Order for all Judges of the Northern District of California. Parties must not incorporate prior case management statements by reference. Parties shall file their joint statement not less than seven calendar days prior to the case management United States District Court Northern District of California

conference, unless otherwise ordered by the court. In cases involving pro se litigants, the parties may file separate case management statements. 13. Parties must also review in detail the Northern District’s electronically stored information (“ESI”) guidelines and checklist for Rule 26(f) conferences, which are available at https://cand.uscourts.gov/rules-forms-fees/northern-district-guidelines/e-discovery-esi-guidelines- model-stipulated-orders. The Court discourages deviation from the ESI guidelines absent good cause. Failure to meet and confer regarding the required topics prior to the initial case management
conference, including ESI, may, in the reasonable exercise of the Court’s discretion, result in
sanctions or disciplinary action. 14. Consistent with Civil Local Rule 16-8(c) and Alternative Dispute Resolution (“ADR”) Local Rule 3-5(b), at least seven calendar days prior to the case management conference, the parties shall also file the Stipulation and Proposed Order form, which identifies the ADR process that the parties have selected and a proposed deadline by which the parties will conduct the ADR session. The court form is available at: https://cand.uscourts.gov/about-court/court- programs-services/alternative-dispute-resolution-adr/adr-forms. The default timing for ADR is within 90 days of the initial case management conference. To the extent the parties cannot agree on form or timing, they should explain the dispute in the joint statement and be prepared to discuss it at the initial case management conference. 15. In proposing a case schedule, the parties should agree on a trial date and work backward from that date to ensure adequate time for expert discovery, dispositive and Daubert motions, class certification motions, and other events. The Court provides the following additional guidance: • Daubert motions must be filed and heard by the dispositive motion hearing deadline. • The parties must allow at least twelve weeks between the proposed dispositive and Daubert motions’ hearing deadline and the proposed final pretrial conference. • The parties must also allow at least two weeks between the proposed final pretrial conference and the first day of the proposed trial. United States District Court Northern District of California

The Court’s expectation is that many cases can and should be able to be tried within twelve months of the case management conference. Counsel requesting longer pretrial periods must be prepared to justify that request at the initial case management conference. 16. Once the Court has entered a case schedule, the parties may not move the dates except by Court order. If the parties seek to move one of these dates, the parties must file a joint statement of no more than three pages proving particularized good cause for the requested change. A trial date typically will be set at the initial case management conference. Once set, the trial date will not be continued absent compelling good cause. 17. The attorney appearing at a case management conference must have full authority to make decisions about any issue that may come up during the conference. 18. After reviewing the parties’ case management conference statement, the court may vacate the conference and issue a case management order based on the parties’ statement. REMOTE APPEARANCES 19. Unless specially set, all initial and further case management conferences will be conducted through Zoom videoconference. Prior to the case management conference, the Courtroom Deputy will publish a notice on the case docket explaining how the conference will be conducted and provide access information for counsel. 20. Persons granted remote access to court proceedings by Zoom teleconference or telephone are strictly prohibited from photographing, including “screen-shots,” recording, and rebroadcasting the court proceeding. Pursuant to General Order 58, ¶ III, violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, or any other sanctions deemed necessary by the court. DISCOVERY DISPUTES 21. Discovery disputes should be brought to the Court’s attention as early as possible. 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 five pages stating the nature and status of their dispute. As soon as a discovery-related matter arises, the Court may refer the case to a Magistrate Judge to handle all discovery disputes. After a Magistrate Judge has been assigned to a case for discovery, the United States District Court Northern District of California

parties in that case must handle any discovery matters according to the procedures set by that Judge. 22. The parties must allow sufficient time for the assigned Magistrate Judge to resolve discovery disputes before the close of discovery. Absent truly compelling reasons, the Court will not extend case deadlines based on a pending discovery dispute. MOTIONS FOR SUMMARY JUDGMENT 23. Parties are limited to filing one motion for summary judgment. Any party wishing to exceed this limit must request leave of Court and must show good cause. 24. Motions for summary judgment must comply with Civil Local Rule 7 in all respects. 25. Joint statements of undisputed facts are not required but are helpful if completely agreed upon. Separate statements of undisputed facts may not be filed. 26. The Court strongly encourages parties to permit less experienced lawyers, including lawyers from historically under-represented groups, to actively participate in the proceedings by presenting argument at motion hearings or examining witnesses at trial. The Court is amenable to permitting a number of lawyers to argue for one party if this creates an opportunity for such attorneys to participate. EXHIBITS 27. Where each party relies on the same exhibit, the later-filing party should cite to the earlier-filed exhibit and should not file a duplicate exhibit. If possible, the parties should meet and confer prior to filing a motion and submit a joint appendix of evidence. CITATIONS 28. If either party cites to an unpublished case, the Court generally prefers Westlaw citations. If the Westlaw citation cannot be provided, the party should include the case number, court name, and exact date of publication in the citation. PROPOSED ORDERS 29. Proposed orders shall be submitted in Word format by email to the Courtroom Deputy at TLTPO@cand.uscourts.gov on the same day the proposed order is e-filed. United States District Court Northern District of California

FILING AND COURTESY COPIES 30. Each PDF document should be text-searchable whenever practicable. This requirement is waived for litigants proceeding pro se. 31. Digital courtesy copies of motions filings, including supporting documents, shall be submitted to the Court on portable media (e.g., a flash drive or CD). MOTIONS TO SEAL 32. Any party seeking to file a document under seal must carefully review and comply with Civil Local Rule 79-5, except as that Rule is modified here for civil cases before Judge Thompson. 33. When submitting a motion to seal, the filing party must state whether the compelling reasons or good cause standard applies and explain why. See Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1178-82 (9th Cir. 2006). 34. The filing party must make a specific showing explaining why each document that it seeks to seal may justifiably be sealed and why the proposed redactions are as narrowly tailored as possible, rather than making blanket statements about the grounds for sealing. Generic and vague references to “competitive harm” are almost always insufficient justification for sealing. 35. Any proposed order under Civil Local Rule 79-5(c)(3) must include in the table for each item sought to be sealed: (1) the docket numbers of the public and provisionally sealed versions of documents sought to be filed under seal; (2) the name of the document; (3) the specific portion(s) of the document sought to be filed under seal; and (4) the filer’s reasons for seeking sealing of the material, along with citations to the relevant declarations and any supporting legal authority. 36. Parties may use the following format as a guide: 37. Any declaration by a Designating Party under Civil Local Rule 79-5(f)(3) must include a new proposed order in the tabular format required by Civil Local Rule 79-5(c)(3) that United States District Court Northern District of California Docket No./Public (Sealed) Document Portion(s) Sought to be Sealed Evidence Offered in Support of Sealing Ruling Dkt. No. / (Dkt. No. ) Defendant’s Motion for Summary Judgement p. 7, 11. 19–28 Smith Declaration at ¶ 2

TRINA L. THOMPSON

includes the Designating Party’s reasons for sealing the material. In addition, any declaration by a Designating Party under Civil Local Rule 79-5(c)(3) that seeks less extensive sealing than its associated administrative motions to seal must be accompanied by revised redacted and unredacted versions of the documents sought to be sealed that comply with the requirements of Civil Local Rule 79-5(d) and (e), including the requirement that the portions sought to be sealed must be clearly marked on the unredacted version. IT IS SO ORDERED. Dated: August 26, 2022 United States District Judge United States District Court Northern District of California

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Judge Thompson's Civil Bench Trial Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/Civil-Bench-Trial-Order-FINAL-082922.pdf]

United States District Court Northern District of California UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA STANDING ORDER FOR CIVIL PRETRIAL AND BENCH TRIALS BEFORE DISTRICT JUDGE TRINA L. THOMPSON MEET AND CONFER 1. At least seven days before the final Pretrial Conference, lead counsel who will try the case shall meet and confer with respect to the following subjects: (1) settlement of the case; (2) preparation of the joint pretrial filings to be served and lodged pursuant to Federal Rule of Civil Procedure 26(a)(3); and (3) clarifying and narrowing the contested issues for trial in order to achieve a just, speedy, and efficient resolution of the case. Counsel in close geographical proximity are encouraged to meet in person.
EXCHANGE OF EVIDENCE 2. At least 30 days before the Pretrial Conference, each party shall provide every other party (but not the Court) with one set of all proposed exhibits, charts, schedules, summaries, diagrams, and other similar documentary materials to be used in its case in chief at trial, together with a complete list of all such proposed exhibits. These materials may be provided in electronic form if the parties so agree. Voluminous exhibits shall be reduced by elimination of irrelevant portions or through the use of summaries. Exhibits must be marked in accordance with paragraphs 16–18 of this Order. All exhibits not provided are subject to exclusion in the reasonable exercise of the Court’s discretion.
3. At least 30 days before the Pretrial Conference, each party shall provide every other party (but not the Court) with (1) the names of all witnesses each party intends to call at trial, as well as a brief description of the subject matter of their testimony; and (2) a list containing citations to all evidence that a party might introduce at trial, other than that to be used solely for impeachment or rebuttal, that was obtained from deposition testimony, interrogatory responses, or

United States District Court Northern District of California responses to requests for admission. All witnesses and citations not identified are subject to exclusion in the reasonable exercise of the Court’s discretion.
/// PRETRIAL FILINGS 4. Unless otherwise ordered, the parties shall file the documents listed in paragraphs 5–15 (i.e., joint proposed final pretrial order) no later than seven days before the pretrial conference. The parties shall also submit the joint proposed final pretrial order in Word format via email to Courtroom Deputy, Robert McNamee, at TLTPO@cand.uscourts.gov.
5. Joint Proposed Final Pretrial Order. The parties shall file a joint proposed final pretrial order, which must contain the following information: a) Substance of the Action. A brief description of the parties, the substance of claims and defenses that remain to be decided, and the operative pleadings that raise the issues. b) Relief Requested. A detailed statement of all requested relief, particularly itemizing all elements of damages claimed. c) Undisputed Facts. A plain and concise statement of all relevant facts to which the parties will stipulate for incorporation into the trial record without supporting testimony or exhibits. The parties shall exercise good faith in stipulating to facts that are not reasonably disputable. d) Disputed Factual Issues. A plain and concise list of the issues of fact that are contested and remain to be litigated at trial. e) Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts. f) Stipulations. A statement of stipulations requested or proposed. g) Witnesses to be Called. A list of all witnesses likely to be called at trial, other than solely for impeachment or rebuttal, together with a brief statement following each name describing: (1) the substance of the testimony to be given; (2) what, if any, non- cumulative testimony the witness will give (if non-cumulative testimony is not spelled out, then the Court will presume the witness is cumulative); estimated time for the

United States District Court Northern District of California direct examination (i.e., hours and/or minutes). If the list is voluminous, Section (g) should be attached as an appendix to the joint pretrial proposed order. No party shall be permitted to call any witness in its case in chief who is not disclosed in its pretrial statement unless the Court grants leave for good cause. h) Exhibits, Schedules, and Summaries. A list of all documents or other items to be offered as exhibits at trial, other than solely for impeachment or rebuttal, and a brief statement following each that describes: (1) its substance or purpose; (2) the identity of the sponsoring witness; (3) when it was offered in evidence; (4) when it was received in evidence; and (3) whether the parties have stipulated to its admissibility and, if they have not, the objection to its admission, the grounds for the objection, and the position of the offering party. If the list is voluminous, Section (h) should be attached as an appendix to the joint pretrial proposed order. i) Disputed Legal Issues. Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions. j) Pending Motions or Matters. A statement of any motions or other matters that must be resolved prior to trial.
k) Bifurcation or Separate Trial of Issues. A statement of whether either party requests bifurcation or a separate trial of specific issues and why.
l) Use of Discovery Responses. The parties need not provide a list of citations to deposition designations or extracts from interrogatories or requests for admissions at the pretrial conference stage.
m) Estimate of Trial Time. An estimate of the number of court days needed for the presentation of each party’s case, indicating possible reductions in time through proposed stipulations, agreed statements of facts, or expedited means of presenting testimony and exhibits.

United States District Court Northern District of California n) Settlement Discussion. A brief summary of the status of settlement negotiations, without indicating specific dollar amounts, and an indication of whether further negotiations are likely to be productive and what, if anything, would facilitate settlement. o) Miscellaneous. Any other matters that will facilitate the just, speedy, and efficient resolution of the action. 6. Motions in limine. Motions in limine are typically not necessary in a bench trial.
However, if a party believes motions in limine are necessary, any such motions must be filed with the Court no later than 21 days prior to the date set for the Pretrial Conference. Each party is limited to bringing five motions in limine. Motions in limine cannot be used to request summary judgment or raise Daubert challenges unless the Court has specifically granted prior approval.
Each motion shall be no longer than five pages and should address a single, separate topic.
Motions should be clearly identified as “___________’s Motion in Limine No. __ Re: ____________.” If the content of an exhibit is necessary to the resolution of a motion in limine, that exhibit must be attached to a declaration in support of the motion. Parties filing a motion in limine should submit a digital courtesy copy of their motions to the Court 14 days before the Pretrial Conference (e.g., a flash drive or CD).
7. Any party filing a motion in limine must first seek a stipulation from the opposing party or parties to the relief requested in the motion. Unless otherwise ordered, any party wishing to have motions in limine heard prior to the commencement of trial must file and serve any such motions at least 14 calendar days before the final pretrial conference. Any oppositions thereto must be filed and served at least three calendar days before the final pretrial conference. No party may file a reply. The motions will be heard at the pretrial conference or at such other time as the Court may direct, unless the Court determines that oral argument is unnecessary. The Court ordinarily does not grant leave to file motions in limine under seal. 8. Any party opposing a motion in limine shall file its opposition papers (or statement of non-opposition) no later than 14 days prior to the Pretrial Conference. Each opposition is limited to five pages; the moving party shall not file a reply brief. Parties filing a motion in limine

United States District Court Northern District of California should submit a digital courtesy copy of their motions to the Court 14 days before the Pretrial Conference. Digital courtesy copies of all motions in limine and oppositions must be included in the parties’ pretrial filings in the format described in Paragraph five of this Order. 9. The motions will be heard at the Pretrial Conference or at such other time as the Court may direct.
10. Trial Briefs. Parties are not required to file trial briefs. If a party chooses to file a trial brief, it shall not be longer than five pages and must be filed at least seven days prior to the commencement of trial. Trial briefs shall not duplicate the contents of the joint pretrial statement and proposed order. 11. The joint pretrial proposed order shall include the following language directly above the signature lines:

The foregoing admissions having been made by the parties, and the parties having specific the foregoing issues of fact and law remaining to be litigated, this order shall supplement the pleadings and govern the course of trial of this case, unless modified by the Court to prevent manifest injustice.

TRIAL 12. Opening Statements. Counsel must cooperate and meet and confer to exchange any visuals, graphics or exhibits to be used in the opening statements, allowing for time to work out objections and any reasonable revisions. 13. Deposition Designation. When a witness appears by deposition, the Parties shall follow the below procedure:
a) Deposition testimony should be provided to all other parties at least five calendar days before it will be used in court. For the rare case of voluminous designations, more lead time will be required. Please be reasonable. b) To designate deposition testimony, photocopy the cover page, the page on which the witness is sworn, and each page from which any testimony is proffered, crossing out any portions of such pages not proffered, as well as objections or colloquy (unless needed to understand the question). Please make

United States District Court Northern District of California sure any corrections are interlineated and that references to exhibit numbers conform to the trial numbers. c) All other parties must then promptly review and return the packet, highlighting in yellow any passages objected to, and in blue additional passages as needed to cure the completeness objection. Please cross out any irrelevant portions of any additional pages. A completeness objection should normally be made only if a few extra lines will cure the problem. The parties must provide brief explanations for any additions or deletions. They must also return any counter designations at the same time. d) The parties must meet and confer as reasonable. Counsel for the proffering party must then assemble a final packet, including objections and responses to objections, and provide it to the Court at least two calendar days before the proffer will be used. Ordinarily, argument is unnecessary. e) When the packet is read, the examiner reads the questions (and any relevant colloquy) from the lectern and a colleague sits in the witness stand and reads the answers. When a video-taped deposition is to be played instead, the packets must still be prepared, as above, to facilitate rulings on objections. The video should omit any dead time, long pauses, and objections/colloquy not necessary to understand the answers. 14.
Requests for Admissions and Interrogatories. Please designate responses to requests for admissions and interrogatory answers in the same manner and under the same timetable as depositions. 15. Exhibits. Each exhibit shall be pre-marked with a trial exhibit sticker (“Trial Exhibit No.__”), not deposition exhibit label, and defendant’s exhibit numbers shall be sequenced to begin after plaintiff’s exhibit numbers. 16. The parties shall agree on blocks of numbers to fit the needs of the case (e.g., Plaintiff has 1–100, Defendant has 101–200) and make a good faith effort to avoid marking the same exhibit in their respective blocks. If the same exhibit is marked by more than one party, the

United States District Court Northern District of California defendant shall withdraw the duplicative exhibit (but should not renumber its portion of the exhibit list). Section (h) of the parties’ joint pretrial statement and proposed order must identify the exhibit numbers of the exhibits withdrawn as duplicates. 17. Exhibits shall be identified with tags in the format shown here: 18. At least 21 days prior to the Pretrial Conference, the parties shall make a good faith effort to stipulate to exhibits’ admissibility. If stipulation is not possible, the parties shall make every effort to stipulate to at least authenticity and foundation absent a legitimate (not tactical) objection.
19. Unless otherwise ordered, at least seven days before trial, the parties must deliver three sets of all pre-marked exhibits in clearly labeled three-ring binders to the Clerk’s office, marked for the attention of the Courtroom Deputy, Robert McNamee. The quality, condition, and labeling of the binders should be such that the Court can easily transport and review the binders’ contents. Whenever possible, the spine of a binder should not be wider than three inches.
20. At least three days prior to the first day of trial, the parties shall file form exhibit and witness lists. The form exhibit list should include the following columns: (1) Exhibit Number; (2) Brief Description; (3) Sponsoring Witness; (4) Date Marked for Identification (left blank); and (5) Date Admitted Into Evidence (left blank). The form witness list should include the following columns: (1) Witness Name; (2) Brief Summary of Testimony; and (3) Exhibits (left blank).
21. The parties are encouraged to resolve as many trial issues by stipulation as possible. The parties shall meet and confer no later than 21 days before the pretrial conference to

United States District Court Northern District of California determine whether any evidentiary issues may be resolved by stipulation. No party may file a motion in limine without first making a good faith effort to resolve the evidentiary issue with opposing counsel.
22. Objections. Counsel shall stand when making objections. State the legal basis only. Speak up promptly. There can only be one lawyer per witness per party for all purposes, including objections. 23. Time Limits. Ordinarily, the Court shall 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 must fit within your time limit and you may allocate it as you wish. Opening and closing time limits shall be separately considered. Counsel must keep track of everyone’s usage. At the end of each day, counsel must confer over the time used and the time remaining for all parties and advise the Court daily. The Court will also try to keep track. CONTINUANCES AND SETTLEMENTS 24. Shortly before trial or a final pretrial conference, counsel occasionally wish jointly to advise the clerk that a settlement has been reached. Counsel will then seek to take the setting off calendar, but it turns out later that there was only a settlement “in principle” and disputes remain. Consequently, cases cannot be taken off calendar in this manner. Unless and until a stipulated dismissal or judgment is filed or placed on the record, all parties must be prepared to proceed with the final pretrial conference as scheduled and to proceed to trial on the trial date, on pain of dismissal of the case for lack of prosecution or default judgment. Only an advance continuance expressly approved by the Court will release counsel and the parties from their obligation to proceed. If counsel expect that a settlement will be final by the time of trial or the final pretrial conference, they should notify the Court immediately in writing or, if it occurs over the weekend before the trial or conference, by voice mail to the deputy courtroom clerk. The Court will attempt to confer with counsel as promptly as circumstances permit to determine if a continuance will be in order. Pending such a conference, however, counsel must prepare and make all filings and be prepared to proceed with the trial.  TRIAL ARRANGEMENTS

United States District Court Northern District of California 25. Trial will be conducted from 8:30 a.m. to 1:30 p.m. on Mondays through Thursdays. Counsel must arrive by 8:00 a.m. each day, or earlier if directed by the Court.
26. Should a daily transcript and/or real-time reporting be desired, the parties shall e- file a transcript order form (CAND 435), at least 14 days before trial.
27. The courtroom is equipped with monitors and a sound system. Should the parties wish to utilize additional technology, the United States Marshals Service requires a court order to allow equipment into the Courthouse. The parties must file a written request and proposed order no later than seven days prior to the beginning of trial if they wish to bring any such technology into the Courthouse. Parties should be prepared to fix any equipment, if necessary. 28. The parties shall disclose the witnesses whom they will call and the exhibits to be introduced through those witnesses (except exhibits to be used solely for impeachment purposes) by noon the day before the parties intend to call those witnesses. Failure to have a witness ready to proceed at trial will usually constitute resting. 29. The Court strongly encourages the parties to permit junior lawyers to examine witnesses and to have an important role at trial.
30. At the end of the trial day, the parties shall meet and confer regarding all exhibits and demonstratives intended to be produced on the following day. Meeting and conferring via email is not sufficient; the parties must meet in person or over the telephone. If the parties cannot in good faith resolve all of their evidentiary disputes without the Court’s involvement, each party shall file a single statement of five pages or less framing its position on the dispute(s) by midnight.
If deposition designations are the subject of any unresolved disputes, the relevant deposition excerpts must be attached to the parties’ statements. 31. Counsel must consult with the courtroom deputy, Robert McNamee, at the beginning of the first day of trial regarding the procedure for tracking admitted exhibits and any limitations thereon. If there are any disagreements between the parties regarding the status of the exhibits, counsel shall bring them promptly to the Court’s attention. 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.

United States District Court Northern District of California 32. Upon the conclusion of the trial, each party shall retain its exhibits through the appellate process. It is each party’s responsibility to make arrangements with the Clerk of Court to file the record on appeal. 33. Should a daily transcript and/or real-time reporting be desired, the parties shall make arrangements with Richard Duvall, Supervisor of the Court Reporting Services at (415) 522- 2079 at least ten calendar days prior to the trial date.
TRINA L. THOMPSON United States District Judge IT IS SO ORDERED. Dated: August 22, 2025

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Judge Thompson's Patent Section 101 Guidelines

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/Guidelines-for-Section-101-Hearing-FINAL-083122.pdf]

United States District Court Northern District of California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA   GUIDELINE FOR PATENT SECTION 101 HEARINGS BEFORE DISTRICT JUDGE TRINA L. THOMPSON

To assist the Court in preparing for oral arguments on a motion to dismiss or motion for judgement on the pleadings in a patent case in which a party seeks a ruling that one or more claims of the patent(s)-in-suit is ineligible due to subject matter, each party should include the following in its motion brief: 1. Claims. Identify the claims for which subject matter eligibility is at issue. 2. Claim Construction. Explain whether claim construction is necessary to determine eligibility. If so, identify the terms and proposed construction. 3. Factual disputes. Explain whether any factual disputes exist. 4. Intrinsic evidence. Identify any relevant intrinsic evidence. 5. Extrinsic evidence. Identify any relevant extrinsic evidence and the basis on which the Court may consider it at this stage. 6. Analogous cases. Identify any Supreme Court and Federal Circuit cases where analogous claims have been found eligible or ineligible. 7. Procedural posture. Explain why the Court should or should not make an eligibility determination at this stage.

Dated: August 30, 2022

TRINA L. THOMPSON United States District Judge

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Judge Thompson's Patent Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/Patent-Standing-Order-UPDATE-101422.pdf]

United States District Court Northern District of California

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

STANDING ORDER FOR PATENT CASES BEFORE DISTRICT JUDGE TRINA L. THOMPSON

CONFORMITY TO RULES 1. Parties and counsel shall follow the Federal Rules of Civil Procedure, the Patent Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court’s standing orders.
REFERRAL TO MAGISTRATE JUDGE
2. Any dispute regarding any party’s patent disclosures pursuant to Patent Local Rules 3-1 to 3-5 typically is referred to the assigned Magistrate Judge. Requests to amend or strike a party’s infringement contentions or invalidity contentions are likewise typically referred to the assigned Magistrate Judge.
EXCHANGE OF EVIDENCE 3. The initial joint claim construction statement required by Patent Local Rule 4-3 must be truly joint. Disputed terms, phrases, and clauses must be designated as disputed. All other terms will be presumed to be undisputed. For any term in dispute, the parties must agree on the identity of the term. With regards to disputed terms, phrases, or clauses, the joint statement will list each disputed term, phrase, or clause (listed by claim); each party’s proposed construction; and support for each party’s proposed construction side by side. A model claim construction statement is attached to this Order.
4. In the joint claim construction statement, parties must either cite to the docket where copies of all patents in dispute can be found or attach copies of all patents in dispute. Parties must also make a complete prosecution history for each patent available to the Court upon request.
//

United States District Court Northern District of California CLAIM CONSTRUCTION 5. The Court will generally construe no more than 10 terms. If multiple terms present identical issues, they may be grouped together or a representative term may be chosen, and each group or representative term may be considered a single term for purposes of the ten-term limit. 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 that are to be construed by the Court and shall jointly propose the ten terms requiring construction.
6. If a party has a good-faith basis for believing 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 or schedule a later proceeding to construe the remaining terms before trial. 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 and sanctions may be imposed.
CLAIM CONSTRUCTION HEARING 7. All hearings and appearances will be held in Courtroom 9 on the 19th Floor of the United States Courthouse, 450 Golden Gate Avenue , San Francisco, California. 8. At least 30 days before the claim construction hearing, the parties shall, separately or jointly, submit a pre-recorded tutorial of no more than 45 minutes per side that presents a short summary and explanation of the technology at issue (see Patent Local Rule 4-5(a)), via portable media (e.g., flash drive or DVD). Nonargumentative demonstrations and visual aids are encouraged, and the Court generally prefers that someone other than counsel make the presentation. No argument will be permitted.
9. Depending on the technology involved, the Court may determine that the assistance of a neutral expert would be helpful. In that case, the Court may direct the parties to confer and, if

United States District Court Northern District of California possible, reach an agreement as to three experts in the field who would be appropriate to act as a neutral expert to assist the Court during the claim construction proceedings and/or the trial. The Court will then choose one of the three to appoint as a neutral expert pursuant to Federal Rule of Evidence 706. The parties will split the cost of the expert equally.
10. At the claim construction hearing, each side will generally be permitted 90 minutes to present its argument. Claim construction will proceed like a typical oral argument, not a lecture. All demonstrative exhibits, PowerPoints, and visual aids must be provided to the Court at least 2 days before the hearing. Demonstrative exhibits, PowerPoints, visual aids that are duplicative of the arguments made in the parties’ claim construction briefs are strongly discouraged. 11. If either party wishes to present testimony at the claim construction hearing, counsel must seek leave of Court by filing an administrative motion pursuant to Civil Local Rule 7-11 at least seven days in advance of the hearing. SUBSEQUENT CASE MANAGEMENT REPORT 12. Upon issuance of the claim construction ruling, the Court will also set a date for the filing of a further joint case management status report. In that report, the parties must address the following topics: a. whether either party wishes the Court to certify the claim construction ruling for immediate appeal to the Federal Circuit; b. the filing of dispositive motions, and the timing of those motions; c. if willful infringement has been asserted, whether the allegedly-infringing party wishes to rely on the advice of counsel defense—if so, the parties should be prepared to address proposals for resolving any attorney-client privilege issues that arise, and whether the parties believe bifurcation of the trial into liability and damages phases would be appropriate; d. anticipated post-claim construction discovery; e. proposed deadlines and court dates for the remainder of the case schedule; f. any other pretrial matters; and g. the progress of settlement discussions, if any.

United States District Court Northern District of California The Court will review the reports and, if necessary, schedule a further case management conference and enter any appropriate orders. IT IS SO ORDERED. Dated: August 22, 2025

TRINA L. THOMPSON United States District Judge

United States District Court Northern District of California SAMPLE CLAIM CONSTRUCTION STATEMENT

’123 Patent Claim Language (Disputed Terms in Bold)
Plaintiff’s Proposed Construction and Evidence in Support Defendant’s Proposed Construction and Evidence in Support

1. A method for counting ducks, comprising the steps of:

[or]

ducks

Found in asserted claim numbers: a, b, c, d a bird that quacks

INTRINSIC EVIDENCE: ’123 Patent col. ;_ (“a distinctive honking”); Prosecution History at __ (“This patent is distinguished from the prior art in that the quacking of the bird is featured.”).

DICTIONARY/TREATISE DEFINITIONS: Webster’s Dictionary (“A duck: bird that quacks”); Field Guide (“A bird call: quack”).

EXTRINSIC EVIDENCE: McDonald Depo. at : (“I’d say the quacking makes it a duck.”); Donald Decl. at __. a bird that swims

INTRINSIC EVIDENCE: ’123 Patent col. :_ (“Ducks may be found on or near bodies of water.”); Prosecution History at __ (“Water fowl are particularly amenable to being counted by this method.”).

DICTIONARY/TREATISE DEFINITIONS: Random House Dictionary (“A duck: an aquatic bird”).

EXTRINSIC EVIDENCE: G. Marx Depo. At : (“Like a duck to water.”); Daffy Decl. at __.

(Or any other substantively similar format that permits the Court to compare terms side by side.)

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