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

Hon. Susan Illston

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 Illston — standing order
Hearing days

Civil Law and Motion Calendar is conducted on Fridays at 10:00 a.m. Criminal Law and Motion Calendar is conducted on Fridays at 11:00 a.m. Civil Case Management Conferences are generally conducted on Fridays at 2:30 p.m., with the order of call determined by the Court. Initial and further CMCs will take place over Zoom. A clerk's notice will be issued with the login and registration information within a week of the CMC. Parties shall consult the Court calendar several days prior to the CMC, as the Court may move the CMC calendar to earlier in the day on Friday if scheduling allows. Pretrial Conferences are generally conducted on Tuesday afternoons at 3:30 p.m. Counsel need not reserve motion hearing dates but may call the Courtroom Deputy to obtain the next available law and motion calendar. Motions may be reset as the Court's calendar requires. All parties are directed to comply with the Civil Local Rules except as identified in this Order. Parties MUST NOT set hearing dates on days where the Court has indicated dates are closed for further settings. Before setting a hearing, parties MUST check the Court's scheduling notes where dates closed for further settings are listed. (https://apps.cand.uscourts.gov/CEO/cfd.aspx?7133#Notes)

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) ↗

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) ↗

Remote appearances
👤 Judge Illston — standing order

Initial and further CMCs will take place over Zoom. A clerk's notice will be issued with the login and registration information within a week of the CMC.

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 Illston — deviations that burn people
  • MUST check the closed-date list at https://apps.cand.uscourts.gov/CEO/cfd.aspx?7133#Notes before setting any hearing -- motions noticed on closed dates will be automatically re-set.
  • CMC calendar may move to earlier in the day on Friday if the court's schedule allows -- check the court calendar several days before the CMC.
  • Discovery M&C: a mere exchange of letters, emails, voicemails, or texts is not sufficient -- must be in person (or phone/video for out-of-Bay-Area counsel).
  • The first paragraph of the joint discovery statement must describe the parties' meet and confer efforts.
  • No affidavits or exhibits with the joint discovery statement except copies of the actual written discovery requests and responses.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment