Pro hac vice in N.D. Cal. →
judge console · N.D. Cal.
N.D. Cal. · Judge Wise · Practice Guide

Hon. Noel Wise

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

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

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

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

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

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

👤 Judge Wise — standing order

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

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

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

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

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

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

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

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

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

👤 Judge Wise — standing order

Nothing posted.

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

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

👤 Judge Wise — standing order

Nothing posted.

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

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

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

Civil L.R. 37-1(b)

👤 Judge Wise — standing order

Nothing posted.

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

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

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

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

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

👤 Judge Wise — standing order

Nothing posted.

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

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

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

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

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

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

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

👤 Judge Wise — standing order

Nothing posted.

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

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

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

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

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

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

👤 Judge Wise — standing order

Nothing posted.

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

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

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

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

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

Civil L.R. 37-3

👤 Judge Wise — standing order

“Case scheduling orders will not be shifted to accommodate pending discovery motions.” · Judge Wise's Civil Standing Order

“Parties are advised to file discovery motions in a timely manner.” · Judge Wise's Civil Standing Order

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

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

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

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

👤 Judge Wise — standing order

Nothing posted.

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

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

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

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

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

👤 Judge Wise — standing order

Nothing posted.

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

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

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

Civil L.R. 37-1(a)

👤 Judge Wise — standing order

Nothing posted.

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

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

👤 Judge Wise — standing order

“Judge Wise hears civil motions by reservation only on Wednesdays at 9:00 a.m., in Courtroom 3, 5th Floor, United States District Court, 280 South First Street, San Jose, California.” · Judge Wise's Civil Standing Order

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

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

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

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

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

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

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

👤 Judge Wise — standing order

“All civil motions must be noticed for a hearing in accordance with Civil Local Rule 7-2(a) except: (1) motions for leave to appear pro hac vice; (2) motions to enlarge or shorten time pursuant to Civil Local Rule 6-1; and (3) motions for administrative relief pursuant to Civil Local Rule 7-11.” · Judge Wise's Civil Standing Order

“Judge Wise hears civil motions by reservation only on Wednesdays at 9:00 a.m., in Courtroom 3, 5th Floor, United States District Court, 280 South First Street, San Jose, California.” · Judge Wise's Civil Standing Order

“Parties must consult Judge Wise's weekly calendar and scheduling notes, available at https://www.cand.uscourts.gov/judges/wise-noel-nw/, for the most recent information regarding when and where hearings will be held.” · Judge Wise's Civil Standing Order

“After reviewing the website, counsel or unrepresented parties shall meet and confer to identify mutually agreeable dates.” · Judge Wise's Civil Standing Order

“Parties shall jointly contact Judge Wise's Courtroom Deputy, Allie Warren, at (408) 535-5332 or nwcrd@cand.uscourts.gov to reserve a hearing date.” · Judge Wise's Civil Standing Order

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

“No party will be given reservations for more than two motions without leave of Court, nor will the Court hear more than two motions per party at a particular hearing without leave of Court or a Court Order.” · Judge Wise's Civil Standing Order

“Once a party reserves a hearing date, the party shall file their motion(s) no later than three business days (Saturdays, Sundays, and court holidays are excluded) following the date of the reservation confirmation email.” · Judge Wise's Civil Standing Order

“No party shall file a motion without first obtaining a hearing date as described above.” · Judge Wise's Civil Standing Order

“Any motion filed without a reserved hearing date will be stricken from the docket by the Court, and the party may not refile until they obtain a reservation from the Courtroom Deputy.” · Judge Wise's Civil Standing Order

“The Court may reset noticed hearing dates as its calendar requires.” · Judge Wise's Civil Standing Order

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

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

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

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

👤 Judge Wise — standing order

“The Court does not hold hearings for these administrative motions.” · Judge Wise's Civil Standing Order

“The Court may determine a matter is suitable for disposition without oral argument and vacate the hearing on the matter.” · Judge Wise's Civil Standing Order

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

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

👤 Judge Wise — standing order

Nothing posted.

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

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

👤 Judge Wise — standing order

Nothing posted.

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

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

👤 Judge Wise — standing order

“Unless the Court has authorized a remote appearance in advance, all civil motions and criminal calendars are heard in-person in Courtroom 3, 5th Floor, in the San Jose Courthouse.” · JUDGE PAGE

“Requests shall be submitted on the docket no fewer than 7 days prior to the hearing.” · JUDGE PAGE

“The Court holds case management conferences via Zoom webinar unless otherwise noted.” · Judge Wise's Civil Standing Order

“All other hearings before the Court shall be held in person unless otherwise noted or if leave is granted.” · Judge Wise's Civil Standing Order

“Parties wishing to appear via Zoom shall file and serve an administrative request to appear via Zoom and a proposed order at least one week prior to the scheduled hearing date.” · Judge Wise's Civil Standing Order

“If all parties wish to appear via Zoom, the parties should file a joint administrative request or indicate that the request is unopposed.” · Judge Wise's Civil Standing Order

“To ensure the quality of the record, any party appearing remotely must have a good connection and must avoid participating from a public space or any other environment with background noise that could disrupt the proceedings.” · Judge Wise's Civil Standing Order

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

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

👤 Judge Wise — standing order

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

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

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

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

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

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

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

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

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

👤 Judge Wise — standing order

“Requests to extend deadlines or continue hearing dates will generally only be granted if: (a) the request maintains the number of days between when the reply brief is due and the date of the hearing; (b) the requesting party has demonstrated that there is good cause (e.g., an unforeseen emergency); and (c) the time extension is narrowly tailored to address the good cause.” · Judge Wise's Civil Standing Order

“Good cause includes if the parties attest they have reached a complete, written settlement agreement, not a settlement in principle.” · Judge Wise's Civil Standing Order

“Any request must be filed at least three business days prior to the deadline or hearing sought to be extended or continued.” · Judge Wise's Civil Standing Order

“If the request is made by administrative motion rather than stipulation, any opposition must be filed (a) no later than 12:00 p.m. one business day before the deadline or hearing in question or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.” · Judge Wise's Civil Standing Order

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

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

👤 Judge Wise — standing order

Nothing posted.

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

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

👤 Judge Wise — standing order

“If a party fails to timely file any motion, the hearing reservation will expire without further notice to the parties, and the moving party must obtain a new reservation before filing the motion(s).” · Judge Wise's Civil Standing Order

“No party shall file a motion without first obtaining a hearing date as described above.” · Judge Wise's Civil Standing Order

“Any motion filed without a reserved hearing date will be stricken from the docket by the Court, and the party may not refile until they obtain a reservation from the Courtroom Deputy.” · Judge Wise's Civil Standing Order

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

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

👤 Judge Wise — standing order

“Absent good cause, the Court will consider only one motion for summary judgment per party and only two Daubert motions per party.” · Judge Wise's Civil Standing Order

“Any party wishing to exceed these limits must request leave of court and must show good cause.” · Judge Wise's Civil Standing Order

“The Court construes "party" in this context to include affiliates.” · Judge Wise's Civil Standing Order

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

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

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

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

👤 Judge Wise — standing order

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

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

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

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

👤 Judge Wise — standing order

“No party shall file a motion without first obtaining a hearing date as described above.” · Judge Wise's Civil Standing Order

“Any motion filed without a reserved hearing date will be stricken from the docket by the Court, and the party may not refile until they obtain a reservation from the Courtroom Deputy.” · Judge Wise's Civil Standing Order

“Parties are ordered in their Case Management and Pretrial Order, see above Section F, to file their dispositive and Daubert motions by a set deadline.” · Judge Wise's Civil Standing Order

“The parties are also provided a set hearing date for those motions.” · Judge Wise's Civil Standing Order

“If the parties seek to file a motion for summary judgment sooner than the deadline, and accordingly request an earlier hearing date, the parties must follow the Court's standard procedure for reserving a hearing date and noticing the motion (see above Section C).” · Judge Wise's Civil Standing Order

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

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

👤 Judge Wise — standing order

Nothing posted.

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

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

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

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

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

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

👤 Judge Wise — standing order

“Parties are ordered in their Case Management and Pretrial Order, see above Section F, to file their dispositive and Daubert motions by a set deadline.” · Judge Wise's Civil Standing Order

“The parties are also provided a set hearing date for those motions.” · Judge Wise's Civil Standing Order

“Deadline to File Dispositive/Daubert Motions 143 days before trial” · Judge Wise's Civil Standing Order

“Hearing on Dispositive/Daubert Motions and Trial Readiness Conference 89 days before trial” · Judge Wise's Civil Standing Order

“If the parties seek to file a motion for summary judgment sooner than the deadline, and accordingly request an earlier hearing date, the parties must follow the Court's standard procedure for reserving a hearing date and noticing the motion (see above Section C).” · Judge Wise's Civil Standing Order

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

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

Civil L.R. 56-2(b)

👤 Judge Wise — standing order

Nothing posted.

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

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

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

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

👤 Judge Wise — standing order

“Opening Statement of Undisputed Material Facts ("SUMF"): Any party moving for summary judgment, partial summary judgment, or summary adjudication must include a separate, short and concise statement identifying each claim or defense to which the moving party contends there is no genuine issue to be tried.” · Judge Wise's Civil Standing Order

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

“Reply SUMF: The moving party may file a Reply SUMF which incorporates and responds to the Responsive SUMF in the same manner described above.” · Judge Wise's Civil Standing Order

“The Reply SUMF shall not introduce any new asserted material facts.” · Judge Wise's Civil Standing Order

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

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

👤 Judge Wise — standing order

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

“In most cases, the Responsive SUMF should add no more than five (5) pages to the Opening SUMF.” · Judge Wise's Civil Standing Order

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

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

👤 Judge Wise — standing order

“For each claim, defense, or part thereof, the Opening SUMF must:” · Judge Wise's Civil Standing Order

“(a) identify the relevant elements or issues; (b) list the asserted material facts establishing those elements or issues; and (c) cite to record evidence demonstrating that the asserted material facts are undisputed (e.g., deposition testimony, declaration, or discovery response).” · Judge Wise's Civil Standing Order

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

“The Opening SUMF must be organized in the form of a chart as shown in Attachment A.” · Judge Wise's Civil Standing Order

“The Responsive SUMF must be organized in the form of a chart as shown in Attachment A.” · Judge Wise's Civil Standing Order

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

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

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

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

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

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

👤 Judge Wise — standing order

“Objections to Evidence: Objections to evidence shall be contained within the objecting party's brief and shall not be filed as a separate pleading.” · Judge Wise's Civil Standing Order

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

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

Civil L.R. 7-5(a)

👤 Judge Wise — standing order

Nothing posted.

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

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

👤 Judge Wise — standing order

Nothing posted.

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

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

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

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

👤 Judge Wise — standing order

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

“Facts that are not cited in the summary judgment briefs will not be considered.” · Judge Wise's Civil Standing Order

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

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

👤 Judge Wise — standing order

“Absent good cause, the Court will consider only one motion for summary judgment per party and only two Daubert motions per party.” · Judge Wise's Civil Standing Order

“Parties are ordered in their Case Management and Pretrial Order, see above Section F, to file their dispositive and Daubert motions by a set deadline.” · Judge Wise's Civil Standing Order

“The parties are also provided a set hearing date for those motions.” · Judge Wise's Civil Standing Order

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

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

👤 Judge Wise — standing order

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

“If so, only four briefs will be allowed: (1) opening brief by the plaintiff side; (2) opening/opposition brief by the defense side; (3) opposition/reply brief by the plaintiff side; and (4) reply brief by the defense side.” · Judge Wise's Civil Standing Order

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

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

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

“The fourth brief must be filed at least 21 days before the hearing date.” · Judge Wise's Civil Standing Order

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

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

👤 Judge Wise — standing order

Nothing posted.

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

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

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

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

👤 Judge Wise — standing order

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

“Facts that are not cited in the summary judgment briefs will not be considered.” · Judge Wise's Civil Standing Order

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

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

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

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

👤 Judge Wise — standing order

Nothing posted.

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

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

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

👤 Judge Wise — standing order

Nothing posted.

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

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

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

👤 Judge Wise — standing order

Nothing posted.

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

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

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

Civil L.R. 11-3(a)

👤 Judge Wise — standing order

Nothing posted.

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

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

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

👤 Judge Wise — standing order

Nothing posted.

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

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

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

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

👤 Judge Wise — standing order

Nothing posted.

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

admission page

👤 Judge Wise — standing order

Nothing posted.

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

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

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

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

👤 Judge Wise — standing order

Nothing posted.

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

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

👤 Judge Wise — standing order

Nothing posted.

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

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

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

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

👤 Judge Wise — standing order

Nothing posted.

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

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

Civil L.R. 11-3(c)

👤 Judge Wise — standing order

Nothing posted.

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

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

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

👤 Judge Wise — standing order

Nothing posted.

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

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

Civil L.R. 11-2

👤 Judge Wise — standing order

Nothing posted.

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

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

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

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

Reply

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

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

The parties are required to submit two courtesy copies of (1) electronic media that is manually filed, (2) pretrial filings, including papers associated with motions in limine, (3) all briefs that exceed 10 pages; and, (4) all supporting materials for dispositive motions, Daubert motions, motions for class certification or approval of a class settlement, and motions to seal. The Court may request courtesy copies of other documents but discourages their unsolicited submission. Courtesy copies must be lodged with the Clerk's office in San Jose and must be double-sided and three-hole-punched at the left margin. Courtesy copies of e-filed documents must bear the ECF stamp (case number, document number, date, and page number) on the top of each page. Side tabs, rather than bottom tabs, must be used to separate exhibits.

Proposed orders
🏛 N.D. Cal. local rule

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

👤 Judge Wise — standing order

Electronic copies of proposed orders must be sent in Word format to nwpo@cand.uscourts.gov on the day of filing.

More from Judge Wise’s procedures
👤 Judge Wise — standing order
MSJ limitation

Absent good cause, the Court will consider only one motion for summary judgment per party and only two Daubert motions per party. Any party wishing to exceed these limits must request leave of court and must show good cause. The Court construes “party” in this context to include affiliates. Source ↗

Know Before You Go
👤 Judge Wise — deviations that burn people
  • RESERVATION REQUIRED BEFORE FILING: Any motion filed without a reserved hearing date will be stricken from the docket -- and the party must obtain a new reservation before refiling. This is one of the strictest pre-filing requirements in the district.
  • After reservation confirmation email, motion must be filed within 3 business days (excludes weekends and court holidays) or the reservation expires without further notice.
  • Two-motion cap per party per hearing without leave of Court. Parties wishing to exceed this limit must file a motion and demonstrate good cause.
  • All filing deadlines are 5:00 p.m. (not midnight) unless otherwise ordered.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment
Get updates on Judge Wise's procedures
Standing order changes, new key traps, and N.D. Cal. practice intelligence.