judge console · N.D. Cal.
N.D. Cal. · Judge Breyer · Practice Guide

Hon. Charles R. Breyer

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

Before You File
Ex parte applications
🏛 N.D. Cal. local rule

Permitted only if statute, Federal Rule, local rule, or standing order authorizes; cite authority in motion Civ. L.R. 7-10 ↗

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

25 pages maximum (motion must be in one document not exceeding 25 pages) Civ. L.R. 7-2(b) ↗

Opposition

25 pages maximum Civ. L.R. 7-4(b) ↗

Reply

15 pages maximum Civ. L.R. 7-4(b) ↗

👤 Judge Breyer — standing order
Motion

Briefs or Memoranda of Points and Authorities in support of, or in opposition to, any motions filed in an action must be typed on 28-line, double-spaced pleading paper and, except for summary judgment motions, may not exceed 15 pages in length, exclusive of title pages, indexes of cases, table of contents, exhibits, affidavits and summaries of argument, if required.

Filing & Scheduling
Briefing schedule & hearing date
🏛 N.D. Cal. local rule
Notice period

35 days after filing (FRCP 6(d) mail-service extension expressly excluded) Civ. L.R. 7-2(a) ↗

Hearing days

Judge's individual law and motion calendar; no district-wide standard hearing day Civ. L.R. 7-2(a) ↗

👤 Judge Breyer — standing order
Hearing days

Civil law and motion calendar is generally conducted on Fridays at 10:00 a.m.

Proposed orders
🏛 N.D. Cal. local rule

PDF attached to motion; Word format emailed to assigned judge's chambers address Civ. L.R. 5-1(f) ↗

👤 Judge Breyer — standing order

Counsel shall submit a proposed form of order with all motion and opposition papers.

The Hearing
Oral argument
🏛 N.D. Cal. local rule

Court may decide without oral argument or by telephone at judge's discretion Civ. L.R. 7-1(b) ↗

Discovery
Discovery referral procedure
🏛 N.D. Cal. local rule

Magistrate judges authorized for all non-dispositive pretrial matters including discovery Civ. L.R. 72-1 ↗

Know Before You Go
👤 Judge Breyer — deviations that burn people
  • 15-page cap on all non-SJ motion and opposition briefs -- significantly tighter than the local-rule default of 25; filing a 25-page brief is an immediate violation.
  • Briefs exceeding 10 pages require a summary of argument section -- easy to omit if accustomed to standard local-rule practice.
  • One summary judgment motion per party -- leave of court required to file more.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment