Procedures verified June 26, 2026
Magistrate Judge Virginia K. DeMarchi -- United States District Court, Northern District of California
San Jose Division
warning
Key Traps — Where Counsel Gets Caught
- 1. Proposed orders NOT required for standard Civil L.R. 7-2 motions -- only required for injunctive relief and other matters necessitating court action.
- 2. Chambers copies must be delivered by close of next court day after e-filing -- tighter deadline than the 48-hour window used by other judges.
- 3. All hearings including discovery disputes are in person at San Jose courthouse -- no remote option unless court orders otherwise.
- 4. vkdpo@cand.uscourts.gov is for proposed orders only -- do not use for any other purpose.
Quick Reference
| Topic | Rule |
|---|---|
| Motion Days | Civil motions (other than discovery motions) may be noticed for Tuesdays at 10:00 a.m. No advance reservation required. Check availability at https://apps.cand.uscourts.gov/CEO/cfd.aspx?71BY before noticing. All hearings (including discovery disputes) will be conducted in person at the San Jose courthouse. [Judge DeMarchi Standing Order for Civil Cases (Updated July 18, 2025)] |
| 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 | ✓ Required Required for joint discovery dispute letters, motion papers filed pursuant to Civil L.R. 7-2, opposition papers, and reply papers. Must be... [Judge DeMarchi Standing Order for Civil Cases (Updated July 18, 2025)] |
| Remote Appearances | All hearings conducted in person at San Jose courthouse unless otherwise ordered. |
| Discovery | Discovery disputes are handled by joint discovery dispute letter submitted to chambers. Chambers copies of joint discovery dispute letters are required and must be delivered to the Clerk's Office no later than the close of the next court day following electronic filing. Copies must be double-sided and 3-hole punched. Check the standing order and court website for specific page limits and format requirements for discovery letters. [Judge DeMarchi Standing Order for Civil Cases (Updated July 18, 2025)] |
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 motions (other than discovery motions) may be noticed for Tuesdays at 10:00 a.m. No advance reservation required. Check availability at https://apps.cand.uscourts.gov/CEO/cfd.aspx?71BY before noticing. All hearings (including discovery disputes) will be conducted in person at the San Jose courthouse. [Judge DeMarchi Standing Order for Civil Cases (Updated July 18, 2025)]
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
✓ Required
Required for joint discovery dispute letters, motion papers filed pursuant to Civil L.R. 7-2, opposition papers, and reply papers. Must be delivered to the Clerk's Office no later than the close of the next court day following electronic filing. Copies must be double-sided and 3-hole punched along the left margin. For under seal filings, chambers copies should include only the unredacted version. Mark with 'Chambers Copy' notation and submit in an envelope addressed to Judge DeMarchi. [Judge DeMarchi Standing Order for Civil Cases (Updated July 18, 2025)]
Proposed Orders
Submit in Microsoft Word to vkdpo@cand.uscourts.gov. This email address shall not be used for any other purpose. Proposed orders are not required for motions filed pursuant to Civil L.R. 7-2, except for motions seeking injunctive relief. [Judge DeMarchi Standing Order for Civil Cases (Updated July 18, 2025)]
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Before the Hearing
Oral Argument
All hearings, including discovery hearings, are conducted in person at the San Jose courthouse unless otherwise ordered. [Judge DeMarchi Standing Order for Civil Cases (Updated July 18, 2025)]
Remote Appearances
All hearings conducted in person at San Jose courthouse unless otherwise ordered.
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Background Rules
Discovery Referral
Discovery disputes are handled by joint discovery dispute letter submitted to chambers. Chambers copies of joint discovery dispute letters are required and must be delivered to the Clerk's Office no later than the close of the next court day following electronic filing. Copies must be double-sided and 3-hole punched. Check the standing order and court website for specific page limits and format requirements for discovery letters. [Judge DeMarchi Standing Order for Civil Cases (Updated July 18, 2025)]
Discovery Motion Process
Standard N.D. Cal. local rules apply for discovery disputes. Check court website for any separate discovery standing order.
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
Calendar-first magistrate, San Jose Division. Civil motions Tuesdays at 10:00 a.m. in person. Proposed orders to vkdpo@cand.uscourts.gov (not required for standard L.R. 7-2 motions). Chambers copies required for discovery letters and motion papers, due by close of next court day. CRD Steven Chilton at (408) 535-5513 or vkdcrd@cand.uscourts.gov.
Sources & Currency
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Procedures verified June 26, 2026.
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