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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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4 GUIDELINES FOR FINAL PRETRIAL CONFERENCE
5 IN CIVIL JURY CASES BEFORE CHIEF DISTRICT JUDGE RICHARD SEEBORG
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7 A. Meeting and Disclosure Prior to Pretrial Conference:
8 At least 21 days before the final Pretrial Conference, lead counsel who will
9 try the case shall meet and confer with respect to:
10 1. Settlement of the case;
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11 2. Preparation of the Joint Pretrial Statement; and
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12 3. Preparation and exchange of pretrial materials to be served and
13 lodged pursuant to Rule 26(a)(3) F.R. Civ. P.; and
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4. Clarifying and narrowing the contested issues for trial in order to
achieve a just, speedy and efficient determination of the case.
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B. Joint Pretrial Statement and Order:
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At least ten (10) days before the Pretrial Conference, unless otherwise
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ordered, the parties shall file and serve a Joint Pretrial Statement and
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Proposed Order containing the following information:
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1. Substance of the Action. A brief description of the parties, the
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substance of claims and defenses that remain to be decided, and the
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operative pleadings that raise the issues;
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2. Relief Prayed. A detailed statement of all relief claimed, particularly
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itemizing all elements of damages claimed;
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3. Undisputed Facts. A plain and concise statement of all relevant facts
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to which the parties will stipulate for incorporation into the trial
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record without the necessity of supporting testimony or exhibits.
27 The parties shall exercise good faith in stipulating to facts that are
28 not reasonably disputable;
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4. Disputed Factual Issues. A plain and concise list of the issues of fact
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that are contested and remain to be litigated at trial;
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5. Agreed Statement. A statement assessing whether all or part of the
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action may be presented upon an agreed statement of facts;
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6. Stipulations. A statement of proposed stipulations or agreements
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that will expedite the presentation of evidence;
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7. Witnesses to be Called. A list of all witnesses likely to be called at
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trial, other than solely for impeachment or rebuttal, together with a
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brief statement following each name describing the substance of the
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testimony to be given. No party shall be permitted to call any
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witness in its case in chief who is not disclosed in its pretrial
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statement without leave of court for good cause;
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8. Exhibits, Schedules and Summaries. A list of all documents and
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other items to be offered as exhibits at the trial, other than solely for
14 impeachment or rebuttal, with a brief statement following each,
15 describing its substance or purpose and the identity of the sponsoring
16 witness;
17 9. Disputed Legal Issues. Without extended legal argument, a concise
18 statement of each disputed point of law concerning liability or
19 relief, citing supporting statutes and decisions;
20 10. Pending Motions or Matters. A statement of any motions or matters
21 that must be resolved prior to trial;
22 11. Bifurcation, Separate Trial of Issues. A statement of whether
23 bifurcation or a separate trial of specific issues is feasible and
24 desired;
25 12. Estimate of Trial Time. An estimate of the number of hours or days
26 needed for the trial; and,
27 13. Miscellaneous. Any other matters that will facilitate the just, speedy
28 and efficient determination of the action.
STANDING ORDER
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C. Binding Effect of the Joint Pretrial Statement and Order:
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The Joint Pretrial Statement and Order described above shall recite, directly
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above the signature lines of each party, the following:
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The foregoing admissions having been made by the parties, and the parties
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having specified the foregoing issues of fact and law remaining to be
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litigated, this order shall supplement the pleadings and govern the course
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of trial of this cause, unless modified to prevent manifest injustice.
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D. Preparation For Trial:
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1. Exhibits:
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a) At least (10) days before the final Pretrial Conference, the
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parties shall exchange copies of all exhibits, summaries,
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charts, and diagrams to be used at trial other than solely for
14 impeachment or rebuttal.
15 b) Each exhibit shall be pre-marked for identification. Counsel
16 shall meet and confer and reach agreement upon a method for
17 marking exhibits (for example, Plaintiff shall use numbers
18 and Defendant shall use letters, or Plaintiff shall use numbers
19 100-199 and Defendant shall use numbers 200-299, etc.).
20 c) Unless otherwise ordered, at least five (5) days prior to the
21 commencement of trial the parties shall deliver one (1) set of
22 all pre-marked exhibits contained in three ring binders to the
23 judge’s courtroom deputy.
24 d) No party shall be permitted to offer any exhibit at trial that is
25 not disclosed in its pretrial statement without leave of court
26 for good cause, unless it is offered solely for impeachment or
27 rebuttal.
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2. Motions in Limine:
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Unless otherwise ordered, the parties shall file and serve any
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motions in limine at least ten (10) days before the final Pretrial
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Conference, and any oppositions thereto at least three (3) days
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before the final Pretrial Conference. Ordinarily, these motions will
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be deemed submitted without oral argument.
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3. Deposition and Discovery Designations:
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Unless otherwise ordered, at least five (5) days before the
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commencement of trial, the parties shall file and serve any excerpts
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of deposition testimony or other discovery to be offered at trial,
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other than solely for impeachment or rebuttal. (A copy of the
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designated deposition testimony with page and line references, or the
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interrogatory response or admission shall be provided). Any
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objections to the use of designated excerpts and any counter-
14 designations of deposition testimony shall be filed and served prior
15 to the commencement of trial.
16 4. Jury Materials:
17 a) Unless otherwise ordered, at least five (5) days prior to the
18 pretrial conference, the parties shall file and serve:
19 (1) Jury Voir Dire Questions;
20 (2) Proposed Jury Instructions; and
21 (3) Proposed Jury Verdict Forms.
22 b) Ordinarily, the court will give the standard preliminary jury
23 instructions contained in the Model Jury Instructions of the
24 Ninth Circuit prior to opening statements and will give the
25 standard closing instructions in the Model Jury Instructions of
26 the Ninth Circuit before closing arguments.
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STANDING ORDER
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c) As to substantive case specific instructions, the parties shall
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meet and confer and submit jointly an agreed set of
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instructions, using the Model Jury Instructions of the Ninth
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Circuit where appropriate. In the event the parties are unable
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to agree to the language of a particular instruction, the
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objecting party shall submit a written objection or an
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alternative proposed instruction placed in sequence
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immediately following the disputed instruction. The joint set
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of jury instructions shall be submitted in hard copy as well as
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in word processing format via email to
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[email protected].
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5. Trial Briefs:
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Trial briefs are optional, but any party wishing to file a trial brief
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must do so not less than five (5) days prior to the commencement of
14 trial.
15 6. Transcripts:
16 Should a daily transcript and/or realtime reporting be desired, the
17 parties shall make arrangements with the Court Reporter Supervisor
18 at (415) 522-2079 at least 14 calendar days prior to the trial date.
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20 DATED: August 20, 2025
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23 _____________________________
RICHARD SEEBORG
24 Chief United States District Judge
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STANDING ORDER
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