Procedures verified June 26, 2026
Magistrate Judge Nathanael Cousins -- United States District Court, Northern District of California
Courtroom 5, 4th Floor, San Jose Federal Courthouse
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Key Traps — Where Counsel Gets Caught
- 1. Meet and confer for discovery disputes must be a direct conversation (in person, phone, or video) -- email and letter exchanges do not satisfy the requirement.
- 2. Joint discovery statement is capped at 5 pages with no exhibits or declarations attached without leave of Court.
- 3. Proposed orders must be emailed to ncpo@cand.uscourts.gov on the same day as e-filing -- not within 48 hours or any other window.
- 4. Location is San Jose (Courtroom 5, 4th Floor) -- not San Francisco.
Quick Reference
| Topic | Rule |
|---|---|
| Motion Days | Civil hearings at 11:00 a.m. each Wednesday in person. Case management conferences at 10:00 a.m. each Wednesday via Zoom Webinar. Settlement conferences at 9:30 a.m. on Tuesday, Thursday, and Friday, in person. [Chief Magistrate Judge Cousins Civil Standing Order (Feb. 4, 2026)] |
| Motion Limit | Per Civ. L.R. 7-2(b): 25 pages maximum. |
| Reply Limit | Per Civ. L.R. 7-4(b): 15 pages maximum. |
| Chambers Copies | Conditional Not addressed in standing order -- follow court's general rules. [Chief Magistrate Judge Cousins Civil Standing Order (Feb. 4, 2026)] |
| Remote Appearances | Civil hearings in person. Case management conferences via Zoom Webinar. Settlement conference remote participation requires request within 7 days of referral. |
| Discovery | Parties must meet and confer in a direct conversation in person, by telephone, or by video (email/letters alone do not satisfy). If unresolved, file a joint statement of five pages or less describing each unresolved issue and each party's final proposed compromise. No declarations, exhibits, or proposed orders attached without leave of Court. If parties cannot file jointly, each party may file up to two pages. File under Civil Events > Motions and Related Filings > Motions: General > Discovery Letter Brief. Court will advise on next steps after review. [Chief Magistrate Judge Cousins Civil Standing Order (Feb. 4, 2026)] |
Procedural Briefing by Motion Type
N.D. Cal. · Standing Orders
Procedural Requirements
Key Traps
Compare to Other N.D. Cal. Judges
Procedural facts only. Judges shown to illustrate variance in this district.
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Before You File
Motion Days & Times
Civil hearings at 11:00 a.m. each Wednesday in person. Case management conferences at 10:00 a.m. each Wednesday via Zoom Webinar. Settlement conferences at 9:30 a.m. on Tuesday, Thursday, and Friday, in person. [Chief Magistrate Judge Cousins Civil Standing Order (Feb. 4, 2026)]
Notice Period
Per Civ. L.R. 7-2(a): 35 days after filing. FRCP 6(d) mail-service extension expressly excluded.
Motion Page / Word Limit
Per Civ. L.R. 7-2(b): 25 pages maximum.
Opposition Limit
Per Civ. L.R. 7-4(b): 25 pages maximum.
Reply Limit
Per Civ. L.R. 7-4(b): 15 pages maximum.
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At Filing
Chambers Copies
Conditional
Not addressed in standing order -- follow court's general rules. [Chief Magistrate Judge Cousins Civil Standing Order (Feb. 4, 2026)]
Proposed Orders
Email a copy of all stipulations and proposed orders in Word format to ncpo@cand.uscourts.gov on the same day they are e-filed. [Chief Magistrate Judge Cousins Civil Standing Order (Feb. 4, 2026)]
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Before the Hearing
Oral Argument
Civil hearings in person. Case management conferences via Zoom Webinar. Settlement conference participation by Zoom or telephone must be requested within 7 days after referral. [Chief Magistrate Judge Cousins Civil Standing Order (Feb. 4, 2026)]
Remote Appearances
Civil hearings in person. Case management conferences via Zoom Webinar. Settlement conference remote participation requires request within 7 days of referral.
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Background Rules
Discovery Referral
Parties must meet and confer in a direct conversation in person, by telephone, or by video (email/letters alone do not satisfy). If unresolved, file a joint statement of five pages or less describing each unresolved issue and each party's final proposed compromise. No declarations, exhibits, or proposed orders attached without leave of Court. If parties cannot file jointly, each party may file up to two pages. File under Civil Events > Motions and Related Filings > Motions: General > Discovery Letter Brief. Court will advise on next steps after review. [Chief Magistrate Judge Cousins Civil Standing Order (Feb. 4, 2026)]
Discovery Motion Process
For discovery disputes, meet and confer must be a direct conversation in person, by telephone, or by video. A mere exchange of letters, emails, or messages does not satisfy the requirement.
Ex Parte Applications
Per Civ. L.R. 7-10: Permitted only if authorized by statute, Federal Rule, local rule, or standing order. Cite authority in motion.
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AI & Style Preferences
Additional Notes
Chief Magistrate Judge, San Jose courthouse. Civil hearings Wednesdays at 11:00 a.m. in person; CMCs Wednesdays at 10:00 a.m. via Zoom. Discovery disputes resolved via 5-page joint statement (no attachments without leave). Proposed orders to ncpo@cand.uscourts.gov same day as filing. CRD Lili Harrell at 408.535.5343 or Lili_Harrell@cand.uscourts.gov.
Sources & Currency
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Procedures verified June 26, 2026.
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