Judge Noël Wise — United States District Court, Northern District of California

Delivery Address

United States District Court Office of the Clerk 280 South 1st Street San Jose, CA 95113

Judge Wise's Civil Jury Trial Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/NW-Civil-Jury-Trial-Standing-Order_03.02.26_with-Exhibit-A.pdf]

Updated March 2, 2026

NW Civil Jury Trial Standing Order

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA STANDING ORDER FOR CIVIL JURY TRIALS BEFORE DISTRICT JUDGE NOËL WISE

A. Meet and Confer Obligations Prior to Pretrial Conference At least 21 calendar days before the pretrial conference, lead trial counsel are ordered to meet and confer in good faith in person or by video conference regarding all trial matters, including but not limited to the following: 1. Potential settlement of the case; 2. Preparation of the Joint Pretrial Statement and related filings including Trial Exhibits, Jury Materials, and Motions in Limine as further addressed in this Order; 3. Preparation and exchange of pretrial materials to be served and lodged pursuant to Federal Rule of Civil Procedure 26(a)(3); 4. Clarify and narrow the contested issues for trial to achieve a just, speedy, and efficient resolution of the case; and 5. The total number of hours the parties will need to try the case. B. Joint Pretrial Statement Unless otherwise ordered, the parties must file and serve a Joint Pretrial Statement no later than 14 calendar days before the pretrial conference. The statement must contain the following information: 1. 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. 2. Relief Requested. A detailed statement of all requested relief, including an itemization of all elements of damages claimed. 3. Amendments and Dismissal of Claims and Defenses. A statement of requested proposed amendments to pleadings, and the causes of action or affirmative defenses to be dismissed or withdrawn prior to trial. Note that on the first day of trial, any remaining unnamed “Doe” parties will be administratively dismissed pursuant to this Order. 4. Undisputed Facts. A plain and concise statement of all relevant facts to which the parties stipulate for incorporation into the trial record without supporting testimony or exhibits. Parties are encouraged to reach agreements that obviate the need for testimony or exhibits and otherwise streamline the contested issues for the jury, including foundational issues, evidentiary issues, and witness testimony in whole or in part. The parties must exercise good faith in stipulating to facts that are not reasonably disputable. In addition to including the statement of undisputed facts in the joint pretrial statement, the parties must provide a separate document titled “Statement of Undisputed Facts” that the Court will provide to the jury.

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NW Civil Jury Trial Standing Order

Disputed Factual Issues. A plain and concise list of the issues of fact that are contested and remain to be litigated at trial. 6. Stipulated Statement of the Case. A neutral and concise Stipulated Statement of the Case that can be read to the jury during voir dire. 7. Stipulations. A statement of proposed stipulations or agreements that will expedite the presentation of evidence. 8. Witnesses to be Called. A list of all witnesses, in alphabetical order, likely to be called at trial other than solely for impeachment or rebuttal, and a brief statement following each name describing the substance of the testimony to be given. If any witness requires an interpreter, the language that will be interpreted, and the counsel who will be responsible for retaining and ensuring the presence of a certified court interpreter when that witness is called. No party will be permitted, without leave of court, to call any witness in its case-in-chief who is not disclosed in its pretrial statement. 9. Disputed Legal Issues. A concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions. 10. Pending Motions or Matters. A statement of any outstanding motions or other matters that must be resolved prior to trial. 11. Bifurcation or Separate Trial of Issues. A statement of whether either party requests bifurcation or a separate trial of specific issues and why. 12. Use of Discovery Responses. 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 must state any objections to the use of these materials and must certify that they have conferred regarding such objections. Counsel must separately file a document containing each disputed discovery response or deposition testimony excerpt, and as to each must state the objection to its admission, the grounds for the objection, and the position of the offering party. 13. Trial Time in Hours. The parties must provide the total number of hours requested for the trial. Except for voir dire, ALL time should be accounted for, including but not limited to opening statements, direct and cross-examination, objections, sidebars, argument outside the presence of the jury, and closing arguments. Sidebar conferences are discouraged. Parties must alert the Court in advance of any issues that require discussion or resolution outside the presence of the jury so the Court’s conference with counsel can be held before the jury enters the courtroom or after the jury leaves for the day. Unless the parties stipulate otherwise, or by Court order, the total number of hours will be equally divided between plaintiffs and defendants, regardless of the number of parties. If there are multiple plaintiffs or defendants, those parties shall prearrange how they will divide their time. If plaintiffs or defendants do not use all their hours, the other side will not get additional hours, nor will their hours be reduced.

Updated March 2, 2026

NW Civil Jury Trial Standing Order

The parties will be required to keep track of their time each day, account for all available hours the jury is available (irrespective of whether the parties elect to use all available hours), and shall report the stipulated division of time to the Courtroom Deputy at the end of each day.
The Court assesses hardships in part on the trial’s expected length (e.g., a potential juror will not be excused for a pre-paid vacation or medical appointment that is scheduled beyond the trial estimate). Accordingly, the Court will enforce the trial hours.
14. Jury Questionnaire. Jury Services has a standard jury questionnaire for civil cases. Generally, it is the Court’s practice to use that questionnaire, modified if necessary to fit the needs of the case.
The parties must explain whether they are seeking any modifications to the standard jury questionnaire, and if so, they must provide those suggested changes in a jointly prepared exhibit to their Joint Pretrial Statement. Jury Services has limited ability to add questions to the standard questionnaire.
Parties should propose no more than ten total additional questions to the form.
If parties believe that a case warrants a unique jury questionnaire, meaning the standard form cannot be suitable modified, the parties must explain why and provide their proposed jury questionnaire in an exhibit to their Joint Pretrial Statement.
15. Settlement Discussion. A brief summary of the status of settlement negotiations (without indicating specific dollar amounts or other proposed settlement terms), and an indication of whether further negotiations are likely to be productive. 16. Amendments. A statement of requested proposed amendments to pleadings, including dismissals of parties’ claims, or defenses. 17. Miscellaneous. Any other matters that will facilitate the just, speedy, and efficient resolution of the action. C. Binding Effect of the Joint Pretrial Statement The joint pretrial statement described above must include the following language directly above the signature lines: The parties have made the foregoing admissions and set forth the remaining issues of fact and law to be litigated at trial. This Joint Pretrial Statement supplements the parties’ pleadings and, along with the Court’s orders, governs the course of trial of this case. D. Pretrial Conference Attendance Pretrial conferences are held in person. Lead counsel who will try the case, or the party if self-represented, must attend the pretrial conference and be prepared to address all aspects of trial. This includes the substance of all documents, arguments, and issues set forth in this standing order.

Updated March 2, 2026

NW Civil Jury Trial Standing Order

E. Trial Exhibits 1. Exchange of Exhibits. At least 21 calendar days before the pretrial conference, the parties must exchange copies of all exhibits, summaries, charts, schedules, diagrams, other documentary materials, or evidence to be used in their case-in- chief, together with a complete list of all such proposed exhibits. Voluminous exhibits must be reduced by elimination of irrelevant portions or through summaries. 2. Objections to Exhibits. Following the exchange, the parties must immediately meet and confer in good faith, in person or by video conference, about the exhibits and any potential objections, and must make a good faith effort to stipulate to exhibits’ admissibility. If the parties cannot reach a complete stipulation, they must make every effort to stipulate to authenticity and foundation absent a legitimate (not tactical) objection. The Court may inquire about the basis for any or all a party’s objections to another party’s exhibits and/or conduct a pretrial conference to rule on such objections, to ensure that the jury’s time is not wasted during trial. 3. Pre-Marking. Each exhibit must be clearly pre-marked in the lower-right-hand corner with the exhibit number in a prominent, bold typeface. The parties must mark their exhibits using non-overlapping ranges of numbers, not letters, leaving enough unused numbers that additional exhibits can be marked during trial.
Jointly agreed-upon exhibits (meaning both parties intend to use the exhibit and stipulated to its admission) shall be numbered 1 through 1000. Plaintiff’s exhibits shall be numbered 2,000 through 2,999, and Defendant’s exhibits shall be numbered 3,000 through 3,999.
Note that the parties must not submit identical documents with separate exhibit numbers. A single exhibit should be marked only once. Different versions of the same document, e.g., a copy with additional handwriting, must be treated as different exhibits. All exhibits shall be marked and referred to as “Trial Exhibit No. ___,” not as “Plaintiff’s Exhibit” or “Defendant’s Exhibit.”
4. Presentation. Exhibits shall be printed double-sided, three-hole punched, and contained in clearly labeled three-ring binders, with exhibits separated by numbered tabs that correspond to the exhibit number. The quality, condition, and labeling of the binders should make it easy for the Court to transport and review the binders’ contents. The spine of each binder should not be wider than three inches. Each binder must contain a table of contents that correlates to the appropriate tab numbers within the binder. 5. Master List. The parties must provide a single Master List of all exhibits in numbered order, in a table with all columns fully filled-in except for the “Admitted” and “Notes” columns, styled in the following column format: Exhibit # Date Title/Description Stipulated Admitted Notes

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NW Civil Jury Trial Standing Order

Delivery. Unless otherwise ordered, at least seven calendar days prior to the beginning of trial, the parties must deliver to the Clerk’s Office, with the notation “Attention Courtroom Deputy Judge Wise,” two sets of all pre-marked exhibits, with one set tagged. Sample tags may be obtained from the Courtroom Deputy and are attached to this standing order as Exhibit A. Admitted exhibits from these binders will be given to the jury during deliberations. Note that the two sets of exhibits are for the Court. The parties must bring to trial sufficient exhibits for witnesses and counsel.
All exhibits must also be provided to the Court electronically via Box.
Instructions for how to upload exhibits can be found on the Northern District of California’s website under “Uploading Digital Exhibits” on the Attorney Practice Resources page: https://cand.uscourts.gov/attorneys/attorney-practice-resources Electronic exhibits must be indexed in the same order as the binders, must include an identical table of contents, and must be word-searchable as well as sortable by title, exhibit number, and date. All exhibits that have not been provided as required are subject to exclusion in the reasonable exercise of the Court’s discretion. 7. Publication to Jury. No exhibits, demonstrative or otherwise, shall be shown or published to the jury without stipulation of Counsel or prior Court approval. 8. Coordination regarding Admitted Exhibits. At the end of each trial day, parties must consult with each other and with the Courtroom Deputy to confirm which exhibits are in evidence, and any limitations to those exhibits.
Before the case goes to the jury, parties must confer with the Courtroom Deputy to confirm that all exhibits going to the jury room are in evidence and in good order. Following trial, the parties shall coordinate with the Courtroom Deputy regarding electronic filing of all admitted exhibits, which shall be the official court record. F. Motions in Limine (MIL) Parties are limited to THREE MILs, per side. If a party wants leave to file additional MILs, then at least 14 days prior to the pretrial conference that party must file a motion explaining why the additional MILs are necessary, and must attach the proposed additional MILs. Any objection to the motion to exceed the three MILs limit must be filed at least 7 days prior to the conference.
The Court will not consider reply briefs absent a prior order on a showing of good cause.
Before a party files an MIL, that party must first seek, from the opposing party, a stipulation to the relief requested in the motion. The Court will not entertain boilerplate, overbroad, or nonspecific motions, or motions that restate the rules of evidence. All MILs for all parties, and any corresponding oppositions, must be contained in one document, limited to 25 total pages per side, and must be filed and served, with a courtesy copy delivered to the Court, at least 14 calendar days prior to the pretrial conference. The courtesy copy must be

Updated March 2, 2026

NW Civil Jury Trial Standing Order

in a clearly labeled, single, three-ring binder, with each MIL in a separate tab, immediately followed by the separately tabbed opposition. The Court will not consider reply briefs absent prior order on a showing of good cause. The Court will generally hear MILs at the pretrial conference. The following in MILs shall NOT be filed but shall be deemed ORDERED unless the parties stipulate otherwise or take exception in a motion: 1. No Party will be permitted to introduce evidence of settlement discussions or mediation; insurance; other claims/suits/actions against a Party; or the financial condition of any Party except in the punitive damages phase of a case, if applicable. 2. Absent a stipulation on the record, or Court order, all non-party witnesses are to be excluded from the courtroom and are directed to be admonished by counsel not to listen to the livestream courtroom proceedings, review any reports of the trial, or discuss the evidence presented until the conclusion of their testimony. G. Jury Materials 1. Party Submissions. At least 14 calendar days before the pretrial conference, the parties must jointly file and serve the following documents, described further below, with a courtesy copy delivered to the Court, and Word versions emailed to nwpo@cand.uscourts.gov: (a) list of participants; (b) agreed upon voir dire questions; (c) proposed jury instructions; and (d) a proposed jury verdict form.
2. List of Participants. The parties must provide a single list, in alphabetical order, of all people the parties will present to jurors during the trial. This includes all fact and expert witnesses who may be called at trial (other than solely for impeachment or rebuttal), counsel, and any individuals providing legal or technical support in the courtroom. The Court provides this list to potential jurors to determine whether the potential jurors know anyone who is involved with the presentation of the parties’ case. 3. Jury Instructions. Ordinarily, the Court will use the standard preliminary and closing jury instructions contained in the Model Jury Instructions of the Ninth Circuit or the California Civil Jury Instructions (CACI), and the Court will give the preliminary jury instructions prior to opening statements.
The parties must submit a set of agreed-upon case-specific instructions using the Ninth Circuit Model Jury Instructions or CACI whenever possible. If any standard instruction has been modified, regardless of whether the parties stipulated to the modification, and no matter how minor the modification, the change must be clearly identified by red-lined copy and supported by authority and/or explanation.
Each instruction must on a single-page, single-sided, with the instruction number on the top of each page, in bold, with a number and title of the instruction (e.g., CACI 100 – Preliminary Admonishments). Each new instruction must start on a new page, collated in numerical order, with no page numbers on the bottom. All jury instructions must be tailored to fit the case, with extraneous information and brackets removed, no law firm or party information noted in the headers or footers, presented with a table of contents, in suitable final form for the Court to provide to

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NW Civil Jury Trial Standing Order

the jury.
The Court discourages the unnecessary submission of special instructions or modification of model instructions. Special instructions, if any, must be complete, accurate, balanced, clear, and non-argumentative.
The courtesy copies of the jury instructions must be contained in a clearly labeled, single, three-ring binder, with three tabs.
The first tab must contain all agreed upon instructions.
The second tab must contain standard jury instructions that all parties agree should be given but disagree about how that instruction should be tailored to the case. In that tab each side should provide their version of the proposed instruction for each instruction in dispute, and shall, on the same page below the instruction provide a concise argument and authority as to why their version of the instruction is required or preferred, and why the Court should accept that party’s version of the instruction over the version provided by the opposing party.
The third tab is for standard instructions that one party asserts should be included, and another party disagrees. In that tab the party proposing the instruction should provide the instruction, followed by a concise argument by each party, including relevant authority, as to why the instruction should or should not be given to the jury.
The fourth tab is for non-standard instructions that that one party asserts should be included, and another party disagrees. In that tab the party proposing the instruction should provide the instruction, followed by a concise argument by each party, including relevant authority, as to why the instruction should or should not be given to the jury.
4. Verdict Form. The courtesy copy of the agreed upon verdict form must be contained in a clearly labeled, single, three-ring binder. If the parties are unable to reach agreement after diligently meeting and conferring in good faith, each party must provide their version of the verdict form, followed by a concise argument, including any relevant authority, as to why their version of the verdict form, and not that of the opposing party, should be given to the jury.
H. Depositions 1. For Impeachment or Refreshing Recollection. On the first day of trial counsel must submit to the Court the original sealed deposition (as well as at least one copy) of each deposition transcript that will be used for impeachment or refreshing recollection. When a deposition is used for the first time, counsel must state the deponent’s name, the date of the deposition, the name of the lawyer asking the question, and the page and lines that counsel will read, allowing a brief opportunity for any objection.
Counsel will state “Question,” read the question exactly as asked, state “Answer,” and read the answer verbatim. Rather than reading a passage, counsel may present the video deposition, if that passage is queued to immediately play.
2. Deposition Testimony in Lieu of Live Testimony. If a witness will appear by

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NW Civil Jury Trial Standing Order

deposition (not live), not later than 10 calendar days prior to the day the deposition testimony will be presented to the jury (either by reading or by video) counsel must submit to the Court a separate binder for each witness that includes: the cover page of the deposition; the pages that include appearances by all participants and the witness being sworn; and, each page from which any testimony is proffered, including any counter-designations by opposing counsel, color-coded by party.
If a party opposes any deposition designation, the parties must submit a chart with: the page and line of the testimony at issue; a column in which counsel states the objection and a brief basis for the objection if necessary; a column in which the proffering party replies to the objection; and, a column that has a place for the Court to mark whether it overrules or sustains the objection, with room for the Court to provide clarification if needed. Note that if a party opposes any deposition designation, the parties must include sufficient testimony from the deposition transcript that precedes the objectionable testimony so that the Court has context to rule on the objection. Deposition testimony may be read, consistent with the instructions above, or played by video. If counsel presents the testimony by video, the video must be prepared in advance to only include the precise testimony as stipulated or as ordered by the Court. I. Trial Briefs Trial briefs are optional, but any party wishing to file a trial brief must do so at least 14 calendar days prior to the commencement of trial, with a courtesy copy delivered to the Court. J. Continuances and Settlements Once set by the Court, the parties should regard trial dates as firm. Absent exigent circumstances or the parties reaching a complete settlement (not a settlement in principle) accompanied with a request for dismissal, or a stipulation with a date certain for the filing of dismissal, the Court generally will not grant trial continuances. In accordance with Civil Local Rule 40-1, if the parties fail to proceed with a scheduled trial after a jury is empaneled, the Court may assess the costs of maintaining the jury against the parties or attorneys. K. Audiovisual Presentations For any audiovisual presentations, counsel should consult with the Courtroom Deputy to determine what equipment, if any, counsel will need to provide and maintain during the trial.
Counsel must meet and confer to discuss their respective equipment needs, and what can reasonably be shared. The United States Marshal requires an order to allow equipment into the courthouse. Any request for such an order should be by stipulation and filed no less than seven calendar days prior to the pretrial conference. Parties should be prepared to maintain equipment during the trial, including, if necessary, having an onsite technician present in the courtroom throughout the trial.
L. Voir Dire In accordance with Federal Rule of Civil Procedure 47(a), voir dire by counsel will not be permitted absent leave of court. Time permitting, it is generally the practice of the Court to provide leave to each side to conduct a brief voir dire.

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NW Civil Jury Trial Standing Order

M. Opportunities for Junior Lawyers The Court strongly encourages the parties to permit junior lawyers to examine witnesses and to have an important role at trial. N. Witnesses at Trial Unless otherwise ordered, by the close of each trial day each party must notify all other parties of all witnesses that party intends to call on the following trial day and shall provide a list of all exhibits that will be used on direct and cross-examination (other than for impeachment of an adverse witness). If the parties have not stipulated to the admission of the exhibits that will be used for those witnesses, the exhibit list must include the outstanding objections. The Court will address those objections either after the jury has left for the day, or prior to the jury arriving the following day. Failure to comply with this order may, in the discretion of the Court, be grounds for exclusion of any witness or exhibit not properly disclosed. There can only be one lawyer per witness per party for all purposes. If a junior lawyer will be responsible for a witness, the junior lawyer may briefly confer with a more senior lawyer during direct or cross examination, but absent leave of Court, only the junior lawyer will speak to the witness or the Court, including for objections. Once the cross-examination of a witness has commenced, and until cross-examination of the witness has concluded, counsel offering the witness on direct examination must not: (a) consult or confer with the witness regarding the substance of the witness’s testimony already given, or anticipated to be given, except for the purpose of conferring on whether to assert a privilege against testifying or on how to comply with a court order; or (b) suggest to the witness the manner in which any questions should be answered. Once cross-examination has concluded, counsel is permitted to confer with the witness before redirect examination begins. Parties should always have their next witness ready and available in the Courthouse. If a party does not have a witness ready, that party’s trial time will still be running for the day, or the party will have deemed to have rested. Parties shall cooperate with each other to schedule and produce witnesses. Witnesses may be taken out of order if necessary. Parties should make every reasonable effort to avoid calling a witness twice (as an adverse witness and later as a party’s own witness).
If a witness is testifying at the time of a recess or adjournment and has not been excused, the witness shall be seated back on the stand when court reconvenes. If a new witness is to be called immediately following recess or adjournment, the witness should be seated in the front row, ready to take the stand and be sworn.
Immediately before each new witness takes the stand, counsel calling the witness, or conducting cross-examination, shall place on the witness stand a clearly marked copy of each exhibit that counsel expects to reference during direct examination or cross-examination respectively. O. Objections Counsel shall stand when making objections and briefly state the basis of the objection. Counsel shall not make speaking objections. Counsel shall not expand on the basis for the objection, or respond to the objection of another party, unless requested by the Court.

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NW Civil Jury Trial Standing Order

NOËL WISE United States District Judge P. Post-Trial Retention of Exhibits At the conclusion of the trial, each party must retain its exhibits throughout the appellate process. It is each party’s responsibility to arrange with the Office of the Clerk of Court to file the record on appeal. Q. Daily Transcripts and Real-Time Reporting Any party who would like a daily transcript or real-time reporting must follow the procedures outlined on the Office of the Clerk of Court’s website: https://cand.uscourts.gov/sites/default/files/documents/Instructions-for-e-filing-an-order-for-daily- transcripts.pdf.
Parties must submit requests for daily transcripts or real-time reporting at least 14 calendar days before the first day of trial.
R. Interpreters If any witness will require an interpreter at trial and there is no certified court interpreter available to translate in the appropriate language, counsel must notify Judge Wise’s Courtroom Deputy at least 30 days before the commencement at trial at (408) 535-5332 or nwcrd@cand.uscourts.gov.

Dated: March 2, 2026

EXHIBIT A

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO.

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Allie Warren, Deputy Clerk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO.

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Allie Warren, Deputy Clerk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO.

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Allie Warren, Deputy Clerk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO.

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Allie Warren, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO.

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Allie Warren, Deputy Clerk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO.

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Allie Warren, Deputy Clerk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO.

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Allie Warren, Deputy Clerk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO.

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Allie Warren, Deputy Clerk UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO.

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Allie Warren, Deputy Clerk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO.

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Allie Warren, Deputy Clerk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO.

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Allie Warren, Deputy Clerk

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case Number: PLTF / DEFT EXHIBIT NO.

Date Admitted:

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Allie Warren, Deputy Clerk

Judge Wise's Civil Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/NW-CivilStandingOrder_06-09-26.pdf]

Updated June 9, 2026

NW Civil Standing Order

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

STANDING ORDER FOR ALL CIVIL CASES BEFORE DISTRICT JUDGE NOËL WISE A. Conformity with Rules The parties must follow the Federal Rules of Civil Procedure, the Civil Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court’s standing orders. B. Service of This Order Within five days of the filing of the complaint, the reassignment of a case to this Court, or the addition of a new party, the plaintiff must serve on all parties a copy of this order and the Standing Order for All Judges of the Northern District of California: Contents of Joint Case Management Statement. C. Court Schedule 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. The Court does not hold hearings for these administrative motions.
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.
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. After reviewing the website, counsel or unrepresented parties shall meet and confer to identify mutually agreeable dates. 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. When reserving a hearing date, parties must inform Ms. Warren of the number and type(s) of motions to be filed.
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. Any party wishing to exceed this limit must file a motion with the Court and demonstrate good cause for the request. 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. If a party fails to timely file any motion, the hearing reservation

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NW Civil Standing Order

will expire without further notice to the parties, and the moving party must obtain a new reservation before filing the motion(s).
No party shall file a motion without first obtaining a hearing date as described above. 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.
The Court may reset noticed hearing dates as its calendar requires. The Court may determine a matter is suitable for disposition without oral argument and vacate the hearing on the matter. Case management conferences are held on Tuesdays at 9:00 a.m. If a matter is set for a hearing, the Court may elect to hold a case management conference in conjunction with that hearing.
The Court conducts pre-trial hearings on Wednesdays at 2:00 p.m.
Bench and jury trials commence on Mondays at 9:00 a.m. and continue through Thursday of each week. Depending on the projected length of the trial, the Court will utilize a 4.5 hour, half day schedule (9:00-1:30 with two 15-minute breaks), or a 6.5 hour, full-day schedule (9:00-4:30 with a thirty-minute lunch break, and two 15-minute breaks, one in the morning and one in the afternoon).
All filing deadlines are at 5:00 p.m. unless otherwise ordered. D. Remote Hearings The Court holds case management conferences via Zoom webinar unless otherwise noted. All other hearings before the Court shall be held in person unless otherwise noted or if leave is granted. 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. If all parties wish to appear via Zoom, the parties should file a joint administrative request or indicate that the request is unopposed. If a request is granted, the parties must follow the directions provided on the Court’s website for remote participation (https://www.cand.uscourts.gov/wise-noel-nw/). 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. E. Invitation to Self-Identify Pronouns and Honorifics Litigants and lawyers are invited to indicate their pronouns or honorifics by adding the information in the name block or signature line of a court filing or informing the Court when making an appearance.

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NW Civil Standing Order

F. Joint Case Management Statement and Initial Case Management Conference Parties are required to file a joint case management statement not less than eighteen (18) calendar days before a scheduled case management conference, unless the Court sets a different deadline. Parties shall not deliver courtesy copies of their joint case management statement to the Court unless requested.
Unless otherwise ordered, the parties’ statement must comply with the terms of the Standing Order for All Judges of the Northern District of California: Contents of Joint Case Management Statement and Civil Local Rule 16-9. Parties must not incorporate prior case management statements by reference. In their joint case management statement for the initial case management conference, the parties must propose a full litigation schedule, including a deadline to complete ADR, regardless of whether they have received a ruling on any motion to dismiss. Parties must select one of the forms of ADR listed in the chart below. Target dates and deadlines are set forth below, including ranges to account for the complex nature of the case. Parties must explain proposals that deviate from the timeline set forth below.
The Court may vacate a case management conference and issue a Case Management and Pretrial Order.
Case Stage Deadline Close of Fact Discovery 241 days before trial Deadline to Complete ADR: [ ] Court-sponsored mediation [ ] Court-sponsored ENE [ ] Mag. Judge Settlement Conf. [ ] Private mediation [ ] Private arbitration [ ] Other:

Approximately 220 days before trial Opening Expert Reports 213 days before trial Rebuttal Expert Reports 185 days before trial Close of Expert Discovery 164 days before trial Deadline to File Dispositive/Daubert Motions 143 days before trial

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NW Civil Standing Order

Hearing on Dispositive/Daubert Motions and Trial Readiness Conference 89 days before trial Joint Pretrial Conference Statement 33 days before trial Pretrial Conference 19 days before trial Trial Within 12 to 20 months of the initial case management conference

In the section of the joint case management statement addressing “Other References,” the parties must indicate whether all parties consent to the jurisdiction of a magistrate judge.
G. Electronically Stored Information Parties must 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/eDiscoveryGuidelines. 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 alternative dispute resolution and ESI, may, in the reasonable exercise of the Court’s discretion, result in sanctions or disciplinary action. H. Stipulated Protective Orders and Orders Re: Discovery of Electronically Stored Information (ESI)
Parties who seek a protective order or order re: discovery of ESI must, where practicable, use one of the model stipulated orders available at https://cand.uscourts.gov/model-protective-orders or https://cand.uscourts.gov/eDiscoveryGuidelines. Parties must file one of the following with any proposed protective order or order re: discovery of ESI: (a) a declaration stating that the proposed order is identical to one of the model orders except for the addition of case-identifying information or the elimination of language denoted as optional; (b) a declaration explaining each modification to the model order, along with a redline version comparing the proposed order with the model order; or (c) a declaration explaining why use of one of the model orders is not practicable. Proposed orders that are not accompanied by one of the required declarations will be denied without prejudice.

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I. Discovery Matters Discovery in all cases will be referred to a magistrate judge. The parties must follow the magistrate judge’s procedures. Case scheduling orders will not be shifted to accommodate pending discovery motions. Parties are advised to file discovery motions in a timely manner.
J. Motions to Seal Parties are reminded that court proceedings are presumptively public, and no document shall be filed under seal without request for a court order that is narrowly tailored to cover only the document, the particular portion of the document, or the category of documents for which good cause exists for filing under seal.
Motions to seal documents shall be filed in accordance with Civil Local Rule 79-5. In addition, each administrative motion filed pursuant to Civil Local Rule 79-5(c) and declaration filed pursuant to Civil Local Rule 79-5(f)(3) shall include a chart, in the format set forth below, which includes the following four columns: (1) ECF number of the document sought to be sealed; (2) description or name of the document sought to be sealed; (3) portion(s) of the document to seal; and (4) reason(s) why the document should be sealed, including citation to the applicable declaration. Each separate document for which sealing is sought shall have its own row in the table. ECF No.
Document Title Portion to be Sealed Basis for Sealing

Each administrative motion filed pursuant to Civil Local Rule 79-5(c) and declaration filed pursuant to Civil Local Rule 79-5(f)(3) shall be submitted in Word format by email to nwpo@cand.uscourts.gov on the same day of filing. Electronic courtesy copies of sealed documents are required when a filed document consists of multiple parts and includes more than one part sought to be filed under seal—for example, a declaration with six exhibits, three of which are sought to be filed under seal. Parties must submit a single PDF of the entire document either by (a) following the instructions for Uploading Digital Exhibits available at https://cand.uscourts.gov/attorneys/attorney-practice-resources, using the “Chambers Copies ONLY” Case Type, and selecting the “SEALED” dropdown in the box under “Case Name” or (b) contacting the Courtroom Deputy at nwcrd@cand.uscourts.gov to arrange a different method of delivery (e.g., sharing a secured file link). Each exhibit must be bookmarked, and sealed material or material sought to be filed under seal must be highlighted. Where possible, the PDF must bear the ECF stamp (case number, document number, date, and page number) at the top of each page. K. Motions for Summary Judgment 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

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of court and must show good cause. The Court construes “party” in this context to include affiliates. 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. The parties are also provided a set hearing date for those motions. 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).
Unless otherwise ordered, the parties must meet and confer to determine if they will file cross- motions for summary judgment. 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. The parties may agree to reverse the order, and have the defense file its opening brief first, without order of the Court. 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. Before the first brief is filed, the parties must submit a stipulation and proposed order setting a briefing schedule for the cross-motions. The fourth brief must be filed at least 21 days before the hearing date. 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. In most cases, the Opening SUMF should not exceed fifteen (15) pages. For each claim, defense, or part thereof, the Opening SUMF must: (a) identify the relevant elements or issues; (b) list the asserted material facts establishing those elements or issues; and (c) cite to record evidence demonstrating that the asserted material facts are undisputed (e.g., deposition testimony, declaration, or discovery response). Upon filing, the moving party shall provide the Opening SUMF to all other parties in Microsoft Word format for ease of response thereto. The Opening SUMF must be organized in the form of a chart as shown in Attachment A.
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. If the opposing party contends that a fact is in dispute, the opposing party must cite to evidence in the record establishing the dispute.
In most cases, the Responsive SUMF should add no more than five (5) pages to the Opening SUMF. The Responsive SUMF must be organized in the form of a chart as shown in Attachment A.
Reply SUMF: The moving party may file a Reply SUMF which incorporates and responds to the Responsive SUMF in the same manner described above. The Reply SUMF shall not introduce any new asserted material facts.

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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.
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.
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. Parties must include only those facts that are actually cited in the briefs. Facts that are not cited in the summary judgment briefs will not be considered.
Objections to Evidence: Objections to evidence shall be contained within the objecting party’s brief and shall not be filed as a separate pleading. L. Cross-Motions under Rule 52 of the Federal Rules of Civil Procedure If parties intend to resolve a case under cross-motions for judgment brought under Rule 52 of the Federal Rules of Civil Procedure, they must follow the same briefing and scheduling guidelines set forth above regarding cross-motions for summary judgment. M. Motions for Attorney’s Fees In addition to the motion, memorandum, and evidence, a party moving for attorney’s fees must provide the Court with a chart, in the format set forth below, summarizing the hours expended on the major tasks in the case. While the Court has suggested several categories of tasks, the moving party may add or modify categories as necessary. The Court is primarily interested in the number of hours spent per task and per attorney, along with the effective billing rate associated with those hours. The total number of hours reflected in this chart must be identical to the number of hours set forth in the fees motion. Electronic copies of the chart must be sent in Word format to nwpo@cand.uscourts.gov Task Atty A Atty B Atty C Billing Rate

Compl. and Pre-Compl. Investigation

Discovery

Motion Practice (specify motion)

Settlement Efforts

Client Communication

Miscellaneous (describe)

Total Hours

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N. Class Action Settlements Any motion for preliminary or final approval of a class action settlement must address the respective guidelines in the Northern District of California’s Procedural Guidance for Class Action Settlements, available at https://cand.uscourts.gov/forms/procedural-guidance-for-class- action-settlements/, in the order the guidelines are presented on the website. As reflected in the Guidance, the Court will require a post-distribution accounting within 21 days after the distribution of settlement funds. In addition to the information contained in the Guidance, the post-distribution accounting must discuss any significant or recurring concerns communicated by class members to the settlement administrator or counsel since final approval, any other issues in settlement administration since final approval, and how any concerns or issues were resolved. The Court will typically withhold between 10% and 25% of the attorney’s fees granted at final approval until after the post-distribution accounting has been filed. The final approval motion must specify what percentage class counsel believes it is appropriate to withhold and why. Class counsel must file a proposed order releasing the remainder of the fees when they file their post- distribution accounting. O. Patent Cases

1. Joint Claim Construction Statement The joint claim construction statement required by Patent Local Rule 4-3 must include a chart, in the format set forth below, listing each disputed term, phrase, or clause (by claim); each party’s proposed construction; and support for each party’s proposed construction side by side. Electronic copies of the chart included in the joint claim construction statement must be sent in Word format to nwpo@cand.uscourts.gov. ’xxx Patent Claim Language Patent Owner’s Proposed Construction and Evidence in Support Accused Infringer’s Proposed Construction and Evidence in Support

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1. “A method for counting ducks, comprising the steps of: . . .” [or alternatively] ducks Found in claim numbers: ’xxx Patent: y, z PROPOSED CONSTRUCTION: duck: a bird that quacks DICTIONARY/TREATISE DEFINITIONS: Webster’s Dictionary (“duck: bird that quacks”); Field Guide (“bird call: quack”) INTRINSIC EVIDENCE: ’xxx Patent col. _:

(“distinctive honking”); Prosecution History at

(“This patent is distinguished from the prior art in that the quacking of the bird is featured”). EXTRINSIC EVIDENCE: McDonald Depo. at xx:xx (“I’d say the quacking makes it a duck”); ’ 123 Patent at col _: ; Donald Decl. at ¶
. PROPOSED CONSTRUCTION: duck: a bird that swims DICTIONARY/TREATISE DEFINITIONS: Random House Dictionary (“An aquatic bird”); Field Guide (same) INTRINSIC EVIDENCE: ’xxx 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”). EXTRINSIC EVIDENCE: G. Marx Depo at xx:xx (“like a duck to water”); ’ 456 Patent at col _: ; Daffy Decl. at ¶ . 2. Courtesy Copies of Claim Construction Materials To assist the Court with claim construction, the patent owner shall deliver to the Court two hard copies of all claim construction materials, including the joint claim construction statement, opening claim construction brief, responsive claim construction brief, and reply claim construction brief. The patent owner shall also include two hard copies of the patents in dispute. Two binders containing the hard copies, printed double-sided and in color, shall be delivered to the Clerk’s Office (Clerks Office, 2nd Floor, 280 South 1st Street, San Jose) no later than seven (7) days before the technology tutorial or sixteen (16) days before the claim construction hearing, whichever is earlier. P. Private Securities Litigation Reform Act (“PSLRA”) Cases The PSLRA requires the Court to appoint a lead plaintiff and lead counsel in any cases brought under the statute. See 15 U.S.C. § 78u-4(a)(3). If and when a lead plaintiff files an amended complaint, lead plaintiff must set out in chart form its securities fraud allegations under the following headings on a numbered, statement-by-statement basis: (1) the speaker(s), date(s), and medium; (2) the false and misleading statements; (3) the reasons why the statements were false and misleading when made; and (4) the facts giving rise to a strong inference of scienter. An exemplar can be found at In re SVB Financial Group Securities Litigation, No. 5:23-cv-01097-

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NW, ECF Nos. 88-1 and 88-2. The chart may be attached to or contained in the consolidated complaint, but in any event will be deemed to be a part of the complaint. Q. Skills Development The Court welcomes and encourages oral argument by less-experienced attorneys on any matters argued before the Court. R. Requests to Extend Deadlines or Continue Hearing Dates Parties seeking to modify a Court ordered deadline or a deadline set by Federal or local rules must explain “with particularity the reasons for the requested enlargement.” Civ. L.R. 6-2(a).
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. Good cause includes if the parties attest they have reached a complete, written settlement agreement, not a settlement in principle.
Any request must be filed at least three business days prior to the deadline or hearing sought to be extended or continued. 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. S. Briefing and Filing Guidelines

1. Requests to Enlarge Page Limits Requests to enlarge page limits will rarely be granted, but any such requests must be filed at least three business days prior to the filing deadline. 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 in question or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.
2. Footnotes Footnotes are often unnecessary and must be employed sparingly. When used, they must appear in no less than 12-point type. Excessive footnotes will be disregarded.
3. Citations The Court prefers Westlaw citations for unpublished opinions that are not included in the Federal Supplement, Federal Rules Decisions, or the Federal Appendix.

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4. Format of Electronic Filings Electronically filed documents must be text-searchable PDFs whenever possible. This requirement is waived for self-represented litigants who are proceeding without a lawyer.
5. Visual Aids Where appropriate, charts, graphs, or other visual aids can be helpful to the Court. The parties are encouraged to incorporate such visual aids in briefing or as attachments to briefs so long as it does not cause a party to exceed their page-limit.
6. Amended Pleadings If a party files an amended pleading, they shall concurrently file a redlined or highlighted version comparing the amended pleading to the prior operative pleading. Parties must show their changes in-line, not in text bubbles.
7. Courtesy Copies and Proposed Orders1 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. If the filing includes exhibits over two-inches thick, the parties shall provide the courtesy copies in a binder. The quality, condition, and labeling of binders, when used, must be such that the Court can easily identify, review, and transport the binders’ contents. Whenever possible, the spine of a binder should not exceed three inches in width, even if that limitation results in the use of more than one binder. Courtesy copies shall be provided to the Court in envelopes, boxes, or other packaging clearly marked with (1) the case name and number, (2) “Judge Wise,” and (3) “Courtesy Copy.”
   Courtesy copies shall be mailed for receipt or delivered to the Clerk’s Office within two court days after the materials are filed.

1 This section’s requirements are waived for self-represented litigants who are proceeding without a lawyer.

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Electronic copies of proposed orders must be sent in Word format to nwpo@cand.uscourts.gov on the day of filing. 8. Electronic Filings After Hearings or Case Management Conferences Any materials used during a hearing or case management conference shall be electronically filed within seven days of the hearing or case management conference. T. Requests for Settlement Conferences with a Magistrate Judge The Court receives more requests than it can accommodate for magistrate judge settlement conferences. As a result, with limited exceptions, the Court generally does not refer cases for settlement with a magistrate judge unless the parties have already completed one of the other processes set forth in ADR Local Rule 3-4: Early Neutral Evaluation, Mediation, or Private ADR. Parties who complete one of these processes without reaching a settlement may request referral to a magistrate judge at that time. If the parties believe their case merits an exception to this rule, they should discuss their views in the initial case management statement. If they seek a referral before the initial case management conference, they may file a joint request for an early case management conference.
Dated: June 9, 2026

NOËL WISE United States District Judge

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ATTACHMENT A Template for Opening SUMF Claim or Defense Moving Party’s Undisputed Facts & Supporting Evidence Opposing Party’s Response & Supporting Evidence Claim 3: Breach of Contract Issue 1. Plaintiff did not perform under the contract Fact 1. Defendant issued a homeowner’s insurance policy to Plaintiff. Jones Decl. ¶¶ 4-5 and Ex. A (policy). [Left blank for opposing party’s response] Fact 2. Plaintiff failed to pay premiums required by the policy. Jones Decl. ¶ 6

Issue 2. Defendant did not breach the contract Fact 3. The policy expressly excludes coverage for loss resulting from theft. Jones Decl. ¶¶ 9-10 and Ex. A (policy).

Punitive Damages Issue 1. Plaintiff cannot establish that Defendant acted with oppression, fraud, or malice Fact 4. Defendant timely investigated Plaintiff’s insurance claim. Jones Decl. ¶¶ 18-20.

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Template for Responsive SUMF Claim or Defense Moving Party’s Undisputed Facts & Supporting Evidence Opposing Party’s Response & Supporting Evidence Claim 3: Breach of Contract Issue 1. Plaintiff did not perform under the contract Fact 1. Defendant issued a homeowner’s insurance policy to Plaintiff. Jones Decl. ¶¶ 4-5 and Ex. A (policy). Undisputed. Fact 2. Plaintiff failed to pay premiums required by the policy. Jones Decl. ¶ 6 Disputed. Plaintiff timely paid the premiums required by the policy. Smith Dep. 22:4-23:19.

Opposing Party’s Additional Material Facts on this Issue

Additional Fact 1. Defendant has failed to record Plaintiff’s timely premium payments on two prior occasions. Smith Dep. 72:8-14. [Left blank for moving party’s reply] Issue 2. Defendant did not breach the contract Fact 3. The policy expressly excludes coverage for loss resulting from theft. Jones Decl. ¶¶ 9-10 and Ex. A (policy). Disputed. The policy does not exclude coverage for loss resulting from theft. Jones Decl. Ex. A (policy). Punitive Damages Issue 1. Plaintiff cannot establish that Defendant acted with oppression, fraud, or malice Fact 4. Defendant timely investigated Plaintiff’s insurance claim. Jones Decl. ¶¶ 18-20. Disputed. Defendant waited more than 4 months before investigating Plaintiff’s claim. Smith Dep. 79:15- 80:4.

Judge Wise's Criminal Standing Order

[Source: https://cand.uscourts.gov/sites/default/files/standing-orders/NW-CriminalStandingOrder_06-09-26.pdf]

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

STANDING ORDER FOR ALL CRIMINAL CASES BEFORE DISTRICT JUDGE NOËL WISE A. Conformity with Rules The parties must follow the Federal Rules of Criminal Procedure, the Criminal Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court’s standing orders. B. Court Schedule All criminal motions must be noticed for a hearing in accordance with Criminal Local Rule 47-1.
All proceedings shall be conducted in person. The parties may jointly request that a status conference or non-evidentiary motion be held over Zoom.
Judge Wise hears criminal motions by reservation only on Tuesdays at 1:30 p.m. in Courtroom 3, 5th Floor, United States District Court, 280 South First Street, San Jose, California.
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. After reviewing the website, counsel or unrepresented parties shall meet and confer to identify mutually agreeable dates. 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. When reserving a hearing date, parties must inform Ms. Warren of the number and type(s) of motions to be filed.
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. Any party wishing to exceed this limit must file a motion with the Court and demonstrate good cause for the request. 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. 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).
No party shall file a motion without first obtaining a hearing date as described above. 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.
The Court may reset noticed hearing dates as its calendar requires. The Court may determine a matter is suitable for disposition without oral argument and vacate the hearing on the matter.

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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 should be excluded, no later than three court days before the scheduled hearing. The Court conducts pre-trial hearings on Wednesdays at 2:00 p.m.
Bench and jury trials commence on Mondays at 9:00 a.m. and continue through Thursday of each week. Depending on the projected length of the trial, the Court will utilize a 4.5 hour, half day schedule (9:00-1:30 with two 15-minute breaks), or a 6.5 hour, full-day schedule (9:00-4:30 with a thirty-minute lunch break, and two 15-minute breaks, one in the morning and one in the afternoon).
All filing deadlines are at 5:00 p.m. unless otherwise ordered. C. Invitation to Self-Identify Pronouns and Honorifics Litigants and lawyers are invited to indicate their pronouns or honorifics by adding the information in the name block or signature line of a court filing or informing the Court when making an appearance. D. Motions All motions shall comply with Criminal Local Rule 47-2. Unless otherwise ordered, the parties may stipulate to any mutually agreeable briefing schedule so long as all briefing is complete at least seven days in advance of the hearing date. In the absence of a stipulation, motions (except those pertaining to sentencing) shall be filed at least 21 days in advance of the hearing date.
Opposition briefs shall be filed at least fourteen days in advance of the hearing date. Reply briefs shall be filed at least seven days in advance of the hearing date. Any party wishing to have motions in limine heard prior to the commencement of trial must file and serve them at least fourteen days prior to the pretrial conference. All motions in limine must be contained in one document, limited to 25 pages, with each motion listed as a subheading. Oppositions to the motions in limine must be contained in one document, limited to 25 pages, with corresponding subheadings, and must be filed and served no later than seven days prior to the pretrial conference. The Court will not consider reply briefs absent prior order on a showing of good cause. The motions in limine will be heard at the pretrial conference, unless the Court sets another time. E. Requests to Extend Deadlines or Continue Hearing Dates Requests to extend deadlines or continue hearing dates will generally only be granted if there is an unforeseen emergency, or the parties have reached a written agreement regarding settlement.
Any request should be filed at least three business days prior to the deadline or hearing sought to be extended or continued.

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F. Motions to Seal Parties are reminded that court proceedings are presumptively public, and no document shall be filed under seal without request for a court order that is narrowly tailored to cover only the document, the portion of the document, or the category of documents for which good cause exists for filing under seal. For any documents submitted under seal, the parties shall provide a courtesy paper copy as required by Criminal Local Rule 56-1. Chambers copies of sealing motions shall include only unredacted documents, with any proposed redactions highlighted. The motion must be accompanied by a proposed order that is narrowly tailored to seal only the sealable material, and lists in table format each document or portion thereof that is sought to be sealed, pursuant to Criminal Local Rule 56-1(c). Proposed orders should be sent in Microsoft Word format to nwpo@cand.uscourts.gov.
G. Briefing and Filing Guidelines

1. Requests to Enlarge Page Limits Requests to enlarge page limits will rarely be granted, but any such requests must be filed at least three business days prior to the filing deadline. 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 in question or (b) within the time allowed by Civil Local Rule 7-11, whichever is sooner.
2. Footnotes Footnotes are often unnecessary and must be employed sparingly. When used, they must appear in no less than 12-point type. Excessive footnotes will be disregarded.
3. Citations The Court prefers Westlaw citations for unpublished opinions that are not included in the Federal Supplement, Federal Rules Decisions, or the Federal Appendix.
4. Format of Electronic Filings Electronically filed documents must be text-searchable PDFs whenever possible. This requirement is waived for self-represented litigants who are proceeding without a lawyer.
5. Amended Pleadings If a party files an amended pleading, they shall concurrently file a redlined or highlighted version comparing the amended pleading to the prior operative pleading.

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6. Courtesy Copies and Proposed Orders Courtesy copies must be provided for: (1) electronic media that is manually filed and (2) pretrial filings, including papers associated with motions in limine. 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, should be used to separate exhibits. The quality, condition, and labeling of binders, when used, should be such that the Court can easily identify, review, and transport the binders’ contents. Whenever possible, the spine of a binder should not exceed three inches in width, even if that limitation results in the use of more than one binder. Electronic copies of proposed orders must be sent in Word format to nwpo@cand.uscourts.gov. H. Pretrial Conference Statement, Trial Binder for the Court and Related Filings The parties must file a joint pretrial statement that addresses all items listed in Criminal Local Rule 17.1-1(b). The parties must attach to their pretrial statement a joint set of jury instructions ordered in logical sequence and accompanied by a table of contents.
   The parties must use the Ninth Circuit Model Jury Instructions whenever possible. Proposed deviations from the model instructions, no matter how minor, must be clearly identified by red- lined copy and supported by authority. The Court discourages the unnecessary submission of special instructions or modification of model instructions. Special instructions, if any, must be complete, accurate, balanced, clear, and non-argumentative. Any instruction to which the parties disagree must be marked as “disputed” and must be followed by concise argument and authority in support of and against the use of the instruction.
   The parties also must attach to their pretrial statement a joint list of agreed-upon voir dire questions and a list of any voir dire questions on which they could not agree. Counsel for the United States must file and serve a verdict form on the same day as the pretrial conference statement is due. Copies of the verdict form must also be lodged with the pretrial conference statement. The parties must e-mail Word versions of the proposed jury instructions, voir dire, and verdict form to nwpo@cand.uscourts.gov on the same day they file them.

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I. Trial Exhibits

1. Exchange of Exhibits. At least 21 calendar days before the final pretrial conference, the parties must exchange copies of all exhibits, summaries, charts, schedules, diagrams, and other similar documentary materials to be used in their case-in-chief, together with a complete list of all such proposed exhibits. Voluminous exhibits must be reduced by elimination of irrelevant portions or by using summaries.

2. Objections to Exhibits. Following the exchange, the parties must immediately meet and confer about the exhibits, including any objections to their use, and must make a good faith effort to stipulate to exhibits’ admissibility. If the parties cannot stipulate, they must make every effort to stipulate at least to authenticity and foundation absent a legitimate (not tactical) objection. The Court may inquire about the basis for any or all of a party’s objections to another party’s exhibits and/or conduct a pretrial conference to rule on such objections, to ensure that the jury’s time is not wasted during trial.

3. Pre-Marking. Each exhibit must be labeled in the lower-right-hand corner with the exhibit number in a prominent, bold typeface.

The parties must mark their exhibits using non-overlapping ranges of numbers, leaving enough unused numbers that additional exhibits can be marked during trial.
For example, the parties might agree that the government will use numbers 001–199 and the defendant will use numbers 200–399.

4. Delivery. Unless otherwise ordered, at least seven calendar days prior to the beginning of trial, the parties must deliver one set of all pre-marked exhibits in clearly labeled three-ring binders to the courtroom deputy. Admitted exhibits from these binders will be given to the jury during deliberations. 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.

5. All exhibits that have not been provided as required are subject to exclusion in the reasonable exercise of the Court’s discretion.

6. Following trial, the parties shall coordinate with the courtroom deputy regarding electronic filing of all admitted exhibits, which shall be the official court record. J. Witnesses at Trial Unless otherwise ordered, each party must notify all other parties by the close of each trial day of the witnesses that party intends to call on the following trial day. Failure to comply with this order may, in the discretion of the Court, be grounds for exclusion of any witness who was not properly disclosed.

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NW Criminal Standing Order

Once the cross-examination of a witness has commenced, and until cross-examination of the witness has concluded, counsel offering the witness on direct examination must not: (a) consult or confer with the witness regarding the substance of the witness’s testimony already given, or anticipated to be given, except for the purpose of conferring on whether to assert a privilege against testifying or on how to comply with a court order; or (b) suggest to the witness the manner in which any questions should be answered. Once cross-examination has concluded, counsel is permitted to confer with the witness before redirect examination begins.
K. Transcripts Any party who would like a daily transcript or real-time reporting must follow the procedures outlined on the Office of the Clerk of Court’s website: https://cand.uscourts.gov/about/clerks- office/transcripts-court-reporters/. Parties must submit requests for daily transcripts or real-time reporting at least fourteen calendar days before the first day of trial. For any questions about transcripts, contact San Jose Court Reporter Supervisor Snooki Puli at (408) 535-5583 or Snooki_Puli@cand.uscourts.gov. L. Interpreters If any witness will require an interpreter at trial and there is no certified court interpreter available to translate in the appropriate language, counsel must notify Judge Wise’s Courtroom Deputy Allie Warren at least 30 days before the commencement at trial at (408) 535-5332 or nwcrd@cand.uscourts.gov.

Dated: June 9, 2026

NOËL WISE United States District Judge

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