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

Hon. Virginia K. DeMarchi

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) ↗

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 DeMarchi — standing order
Hearing days

Civil motions (other than discovery motions) may be noticed for hearing on Tuesdays at 10:00 a.m. Counsel need not reserve a hearing date in advance but noticed dates may be reset as the Court's calendar requires.

Chambers / courtesy copies
👤 Judge DeMarchi — standing order
Details

Chambers copies of joint discovery dispute letters, motion papers filed pursuant to Civil L.R. 7-2, opposition papers filed pursuant to Civil L.R. 7-3, and reply papers filed pursuant to Civil L.R. 7-3 should be delivered to the Clerk's Office no later than the close of the next court day following the day that the paper was electronically filed. Chambers copies must be double-sided and 3-hole punched along the left margin of the paper.

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 DeMarchi — standing order

Proposed orders submitted by an e-filing party shall be submitted in Microsoft Word to the following email address: 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.

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) ↗

👤 Judge DeMarchi — standing order
Default practice

Unless the Court orders otherwise, all hearings (including hearings on discovery disputes) will be conducted in person in Judge DeMarchi's courtroom at the San Jose courthouse.

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 ↗

👤 Judge DeMarchi — standing order

Chambers copies of joint discovery dispute letters... should be delivered to the Clerk's Office no later than the close of the next court day following the day that the paper was electronically filed.

Know Before You Go
👤 Judge DeMarchi — deviations that burn people
  • Proposed orders NOT required for standard Civil L.R. 7-2 motions -- only required for injunctive relief and other matters necessitating court action.
  • 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.
  • All hearings including discovery disputes are in person at San Jose courthouse -- no remote option unless court orders otherwise.
  • vkdpo@cand.uscourts.gov is for proposed orders only -- do not use for any other purpose.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment