Procedures verified June 26, 2026
Judge Eumi K. Lee -- United States District Court, Northern District of California
San Jose Courthouse, 280 South First Street, San Jose, CA 95113
warning
Key Traps — Where Counsel Gets Caught
- 1. Reserve the hearing date BEFORE filing. Motion must be filed within 14 days of reservation or the reservation expires without notice — and you must get a new reservation before refiling.
- 2. Tiered page limits: 25/25/15 for Rule 12/23/50/56/59/65 motions (and anti-SLAPP, FLSA, SSA, claim construction); only 10/10/5 for all other motions including sanctions, stay, and compel arbitration.
- 3. Meet and confer at least 7 days before filing, in person or by videoconference (email and phone alone are insufficient). Must certify in the notice of motion or risk having the motion stricken.
- 4. Chambers copies required for all filings (except administrative motions) — unlike most CA-ND judges who have no courtesy copy requirement.
- 5. AI-generated content in any filing requires a certification that lead trial counsel personally verified accuracy. Missing certification = grounds for sanctions. Keep records of all AI prompts used.
Quick Reference
| Topic | Rule |
|---|---|
| Motion Days | Civil motions heard by reservation only. Parties must jointly contact Judge Lee's Courtroom Deputy at eklcrd@cand.uscourts.gov to reserve a hearing date BEFORE filing. Motion must be filed within 14 days of the reservation or the reservation expires without notice. [Judge Lee Civil Standing Order (Aug. 28, 2025), § V] |
| Motion Limit | 25 pages for motions under FRCP 12, 23, 50, 56, 59, or 65; anti-SLAPP motions; FLSA collective action certifications; Social Security appeals; and claim construction briefing. 10 pages for all other motions (including motions for sanctions, to stay, and to compel arbitration). [Judge Lee Civil Standing Order (Aug. 28, 2025), § VIII.B] |
| Reply Limit | 15 pages for the motion types listed above. 5 pages for all other motions. |
| Chambers Copies | ✓ Required One chambers copy required for ALL filings except administrative motions. Double-sided; ECF stamp on top; exhibits labeled along right side;... [Judge Lee Civil Standing Order (Aug. 28, 2025), § VII.C] |
| Remote Appearances | Case management conferences held via Zoom unless parties request in-person. Motion hearings held in person. Remote appearance at motion hearings considered case-by-case; joint requests strongly preferred; hybrid hearings (some in-person, some remote) are discouraged. |
| Discovery | Discovery in almost all cases will be referred to a Magistrate Judge. Meet and confer in person or by videoconference before raising any dispute (email, letters, and phone calls alone insufficient). Parties must follow that Magistrate Judge's procedures. [Judge Lee Civil Standing Order (Aug. 28, 2025), § X] |
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 heard by reservation only. Parties must jointly contact Judge Lee's Courtroom Deputy at eklcrd@cand.uscourts.gov to reserve a hearing date BEFORE filing. Motion must be filed within 14 days of the reservation or the reservation expires without notice. [Judge Lee Civil Standing Order (Aug. 28, 2025), § V]
Notice Period
Per Civ. L.R. 7-2(a): 35 days after filing. FRCP 6(d) mail-service extension expressly excluded. Briefing schedule must allow at least 14 days between final filing and hearing; 28 days for summary judgment, Daubert, and class certification.
Motion Page / Word Limit
25 pages for motions under FRCP 12, 23, 50, 56, 59, or 65; anti-SLAPP motions; FLSA collective action certifications; Social Security appeals; and claim construction briefing. 10 pages for all other motions (including motions for sanctions, to stay, and to compel arbitration). [Judge Lee Civil Standing Order (Aug. 28, 2025), § VIII.B]
Opposition Limit
25 pages for the motion types listed above. 10 pages for all other motions.
Reply Limit
15 pages for the motion types listed above. 5 pages for all other motions.
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At Filing
Chambers Copies
✓ Required
One chambers copy required for ALL filings except administrative motions. Double-sided; ECF stamp on top; exhibits labeled along right side; binders (max 3") if filing includes exhibits over 2" thick. Mark 'Chambers Copy'; submit to Clerk's Office in envelope marked 'Judge Lee,' case number, and 'Chambers Copy' within two court days of filing. [Judge Lee Civil Standing Order (Aug. 28, 2025), § VII.C]
Proposed Orders
Filed in PDF form on ECF. Word format submitted to eklpo@cand.uscourts.gov ONLY for: (1) sealing motions, (2) claim construction in patent cases, or (3) TRO or preliminary injunction. Do not send Word proposed orders for routine motions. [Judge Lee Civil Standing Order (Aug. 28, 2025), § VIII.C]
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Before the Hearing
Oral Argument
Court may provide tentative rulings in advance of a motion hearing. If the Court determines a hearing is unnecessary, the hearing will be vacated no later than two court days before the scheduled date. Hearings on civil motions are held in-person; remote appearances considered case-by-case (joint requests strongly preferred). [Judge Lee Civil Standing Order (Aug. 28, 2025), § VIII.E]
Remote Appearances
Case management conferences held via Zoom unless parties request in-person. Motion hearings held in person. Remote appearance at motion hearings considered case-by-case; joint requests strongly preferred; hybrid hearings (some in-person, some remote) are discouraged.
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Background Rules
Discovery Referral
Discovery in almost all cases will be referred to a Magistrate Judge. Meet and confer in person or by videoconference before raising any dispute (email, letters, and phone calls alone insufficient). Parties must follow that Magistrate Judge's procedures. [Judge Lee Civil Standing Order (Aug. 28, 2025), § X]
Discovery Motion Process
Moving party must meet and confer in person or by videoconference at least 7 days before filing any motion. Certify compliance in notice of motion citing this standing order section. Failure to certify may result in the motion being stricken.
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. Call and email CRD at (408) 535-5330 / eklcrd@cand.uscourts.gov to notify chambers of any emergency TRO or 24-hour stipulation application.
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AI & Style Preferences
Additional Notes
Civil Standing Order effective August 28, 2025. San Jose courthouse. Hearings by reservation only (call/email CRD at eklcrd@cand.uscourts.gov). Tiered page limits are a major deviation from local rules. Chambers copies required. AI disclosure certification mandatory.
Sources & Currency
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Procedures verified June 26, 2026.
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