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

Hon. Claudia Wilken

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 Wilken — standing order
Hearing days

Civil motion calendar is conducted on Wednesdays at 2:30 p.m. Parties need not reserve a hearing date for civil motions; however, parties must check the legal newspapers or the Court's website at www.cand.uscourts.gov for unavailable dates.

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 Wilken — standing order

Proposed orders submitted by an ECF user in an ECF case shall be filed in PDF format, and attached to the applicable motion or other document. In addition, proposed orders shall be submitted in a standard word processing format (such as Microsoft Word) to the specific address on the Court's website for emailing proposed orders to the assigned Judge. Proposed orders must conform to the requirements of the assigned Judge's standing orders.

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 ↗

👤 Judge Wilken — standing order

Discovery disputes will be referred to a Magistrate Judge. After the parties have met and conferred, the parties shall prepare a joint letter of not more than eight (8) pages explaining the dispute. Up to twelve (12) pages of attachments may be added.

Know Before You Go
👤 Judge Wilken — deviations that burn people
  • MSJ timing is governed by the case-dispositive motion hearing cut-off date, not the standard 35-day notice period. Plaintiff files 6 weeks before cut-off; defendant cross-motion within the opposition (25-page combined) filed 14 days after; reply (15 pages) filed 7 days after opposition.
  • Discovery disputes require a joint letter (8 pages max, 12 pages attachments) filed as a 'Discovery Letter Brief' -- not a traditional noticed motion. Must meet and confer first.
  • Check legal newspapers or the Court's website for unavailable dates before noticing a motion. 'Not reserving' a date does not mean any date is available.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment