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

Hon. Noel Wise

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 ↗

👤 Judge Wise — standing order

All civil motions must be noticed for a hearing in accordance with Civil Local Rule 7-2(a) except: (1) motions for leave to appear pro hac vice; (2) motions to enlarge or shorten time pursuant to Civil Local Rule 6-1; and (3) motions for administrative relief pursuant to Civil Local Rule 7-11. The Court does not hold hearings for these administrative motions.

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 Wise — standing order
Hearing days

Judge Wise hears civil motions by reservation only on Wednesdays at 9:00 a.m., in Courtroom 3, 5th Floor, United States District Court, 280 South First Street, San Jose, California. Parties shall jointly contact Judge Wise's Courtroom Deputy, Allie Warren, at (408) 535-5332 or nwcrd@cand.uscourts.gov to reserve a hearing date. No party will be given reservations for more than two motions without leave of Court.

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 Wise — 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) ↗

👤 Judge Wise — standing order
Default practice

The Court may determine a matter is suitable for disposition without oral argument and vacate the hearing on the matter.

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 Wise — standing order

Each Magistrate Judge appointed by the Court is authorized to exercise all powers and perform all duties conferred upon Magistrate Judges by 28 U.S.C. § 636, by the local rules of this Court, and by any written order of a District Judge designating a Magistrate Judge to perform specific statutorily authorized duties in a particular action.

Know Before You Go
👤 Judge Wise — deviations that burn people
  • RESERVATION REQUIRED BEFORE FILING: Any motion filed without a reserved hearing date will be stricken from the docket -- and the party must obtain a new reservation before refiling. This is one of the strictest pre-filing requirements in the district.
  • After reservation confirmation email, motion must be filed within 3 business days (excludes weekends and court holidays) or the reservation expires without further notice.
  • Two-motion cap per party per hearing without leave of Court. Parties wishing to exceed this limit must file a motion and demonstrate good cause.
  • All filing deadlines are 5:00 p.m. (not midnight) unless otherwise ordered.
content assembled from published local rules & standing orders · click any section in the rail for the full treatment