UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF CALIFORNIA
STANDING ORDER FOR CIVIL JURY TRIALS BEFORE
DISTRICT JUDGE NOËL WISE
A. Meet and Confer Obligations Prior to Pretrial Conference
At least 21 calendar days before the pretrial conference, lead trial counsel are ordered to meet
and confer in good faith in person or by video conference regarding all trial matters,
including but not limited to the following:
1. Potential settlement of the case;
2. Preparation of the Joint Pretrial Statement and related filings including Trial Exhibits,
Jury Materials, and Motions in Limine as further addressed in this Order;
3. Preparation and exchange of pretrial materials to be served and lodged pursuant to
Federal Rule of Civil Procedure 26(a)(3);
4. Clarify and narrow the contested issues for trial to achieve a just, speedy, and
efficient resolution of the case; and
5. The total number of hours the parties will need to try the case.
B. Joint Pretrial Statement
Unless otherwise ordered, the parties must file and serve a Joint Pretrial Statement no later than
14 calendar days before the pretrial conference. The statement must contain the following
information:
1. Substance of the Action. A brief description of the parties, the substance of claims
and defenses that remain to be decided, and the operative pleadings.
2. Relief Requested. A detailed statement of all requested relief, including an
itemization of all elements of damages claimed.
3. Amendments and Dismissal of Claims and Defenses. A statement of
requested proposed amendments to pleadings, and the causes of action or
affirmative defenses to be dismissed or withdrawn prior to trial. Note that
on the first day of trial, any remaining unnamed “Doe” parties will be
administratively dismissed pursuant to this Order.
4. Undisputed Facts. A plain and concise statement of all relevant facts to which the
parties stipulate for incorporation into the trial record without supporting
testimony or exhibits. Parties are encouraged to reach agreements that obviate the
need for testimony or exhibits and otherwise streamline the contested issues for
the jury, including foundational issues, evidentiary issues, and witness testimony
in whole or in part. The parties must exercise good faith in stipulating to facts
that are not reasonably disputable. In addition to including the statement of
undisputed facts in the joint pretrial statement, the parties must provide a separate
document titled “Statement of Undisputed Facts” that the Court will provide to
the jury.
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5. Disputed Factual Issues. A plain and concise list of the issues of fact that are
contested and remain to be litigated at trial.
6. Stipulated Statement of the Case. A neutral and concise Stipulated Statement of
the Case that can be read to the jury during voir dire.
7. Stipulations. A statement of proposed stipulations or agreements that will expedite
the presentation of evidence.
8. Witnesses to be Called. A list of all witnesses, in alphabetical order, likely to be
called at trial other than solely for impeachment or rebuttal, and a brief statement
following each name describing the substance of the testimony to be given. If any
witness requires an interpreter, the language that will be interpreted, and the
counsel who will be responsible for retaining and ensuring the presence of a
certified court interpreter when that witness is called. No party will be permitted,
without leave of court, to call any witness in its case-in-chief who is not disclosed
in its pretrial statement.
9. Disputed Legal Issues. A concise statement of each disputed point of law
concerning liability or relief, citing supporting statutes and decisions.
10. Pending Motions or Matters. A statement of any outstanding motions or other
matters that must be resolved prior to trial.
11. Bifurcation or Separate Trial of Issues. A statement of whether either party requests
bifurcation or a separate trial of specific issues and why.
12. Use of Discovery Responses. Citations to all evidence that a party might introduce
at trial, other than that to be used solely for impeachment or rebuttal, that was
obtained from deposition testimony, interrogatory responses, or responses to
requests for admission. Counsel must state any objections to the use of these
materials and must certify that they have conferred regarding such objections.
Counsel must separately file a document containing each disputed discovery
response or deposition testimony excerpt, and as to each must state the objection to
its admission, the grounds for the objection, and the position of the offering party.
13. Trial Time in Hours. The parties must provide the total number of hours requested
for the trial. Except for voir dire, ALL time should be accounted for, including but
not limited to opening statements, direct and cross-examination, objections,
sidebars, argument outside the presence of the jury, and closing arguments.
Sidebar conferences are discouraged. Parties must alert the Court in advance of
any issues that require discussion or resolution outside the presence of the jury so
the Court’s conference with counsel can be held before the jury enters the
courtroom or after the jury leaves for the day.
Unless the parties stipulate otherwise, or by Court order, the total number of hours
will be equally divided between plaintiffs and defendants, regardless of the number
of parties. If there are multiple plaintiffs or defendants, those parties shall
prearrange how they will divide their time. If plaintiffs or defendants do not use all
their hours, the other side will not get additional hours, nor will their hours be
reduced.
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The parties will be required to keep track of their time each day, account for all
available hours the jury is available (irrespective of whether the parties elect to use
all available hours), and shall report the stipulated division of time to the Courtroom
Deputy at the end of each day.
The Court assesses hardships in part on the trial’s expected length (e.g., a potential
juror will not be excused for a pre-paid vacation or medical appointment that is
scheduled beyond the trial estimate). Accordingly, the Court will enforce the trial
hours.
14. Jury Questionnaire. Jury Services has a standard jury questionnaire for civil
cases. Generally, it is the Court’s practice to use that questionnaire, modified if
necessary to fit the needs of the case.
The parties must explain whether they are seeking any modifications to the
standard jury questionnaire, and if so, they must provide those suggested
changes in a jointly prepared exhibit to their Joint Pretrial Statement. Jury
Services has limited ability to add questions to the standard questionnaire.
Parties should propose no more than ten total additional questions to the form.
If parties believe that a case warrants a unique jury questionnaire, meaning the
standard form cannot be suitable modified, the parties must explain why and
provide their proposed jury questionnaire in an exhibit to their Joint Pretrial
Statement.
15. Settlement Discussion. A brief summary of the status of settlement negotiations
(without indicating specific dollar amounts or other proposed settlement terms),
and an indication of whether further negotiations are likely to be productive.
16. Amendments. A statement of requested proposed amendments to pleadings,
including dismissals of parties’ claims, or defenses.
17. Miscellaneous. Any other matters that will facilitate the just, speedy, and efficient
resolution of the action.
C. Binding Effect of the Joint Pretrial Statement
The joint pretrial statement described above must include the following language directly above
the signature lines:
The parties have made the foregoing admissions and set forth the
remaining issues of fact and law to be litigated at trial. This Joint
Pretrial Statement supplements the parties’ pleadings and, along
with the Court’s orders, governs the course of trial of this case.
D. Pretrial Conference Attendance
Pretrial conferences are held in person. Lead counsel who will try the case, or the party if
self-represented, must attend the pretrial conference and be prepared to address all aspects
of trial. This includes the substance of all documents, arguments, and issues set forth in this
standing order.
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E. Trial Exhibits
1. Exchange of Exhibits. At least 21 calendar days before the pretrial conference, the
parties must exchange copies of all exhibits, summaries, charts, schedules,
diagrams, other documentary materials, or evidence to be used in their case-in-
chief, together with a complete list of all such proposed exhibits. Voluminous
exhibits must be reduced by elimination of irrelevant portions or through
summaries.
2. Objections to Exhibits. Following the exchange, the parties must immediately meet
and confer in good faith, in person or by video conference, about the exhibits and
any potential objections, and must make a good faith effort to stipulate to exhibits’
admissibility. If the parties cannot reach a complete stipulation, they must make
every effort to stipulate to authenticity and foundation absent a legitimate (not
tactical) objection. The Court may inquire about the basis for any or all a party’s
objections to another party’s exhibits and/or conduct a pretrial conference to rule on
such objections, to ensure that the jury’s time is not wasted during trial.
3. Pre-Marking. Each exhibit must be clearly pre-marked in the lower-right-hand
corner with the exhibit number in a prominent, bold typeface.
The parties must mark their exhibits using non-overlapping ranges of numbers, not
letters, leaving enough unused numbers that additional exhibits can be marked
during trial.
Jointly agreed-upon exhibits (meaning both parties intend to use the exhibit and
stipulated to its admission) shall be numbered 1 through 1000. Plaintiff’s exhibits
shall be numbered 2,000 through 2,999, and Defendant’s exhibits shall be numbered
3,000 through 3,999.
Note that the parties must not submit identical documents with separate exhibit
numbers. A single exhibit should be marked only once. Different versions of the
same document, e.g., a copy with additional handwriting, must be treated as
different exhibits. All exhibits shall be marked and referred to as “Trial Exhibit No.
___,” not as “Plaintiff’s Exhibit” or “Defendant’s Exhibit.”
4. Presentation. Exhibits shall be printed double-sided, three-hole punched, and
contained in clearly labeled three-ring binders, with exhibits separated by
numbered tabs that correspond to the exhibit number. The quality, condition, and
labeling of the binders should make it easy for the Court to transport and review
the binders’ contents. The spine of each binder should not be wider than three
inches. Each binder must contain a table of contents that correlates to the
appropriate tab numbers within the binder.
5. Master List. The parties must provide a single Master List of all exhibits in
numbered order, in a table with all columns fully filled-in except for the
“Admitted” and “Notes” columns, styled in the following column format:
Exhibit # Date Title/Description Stipulated Admitted Notes
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6. Delivery. Unless otherwise ordered, at least seven calendar days prior to the
beginning of trial, the parties must deliver to the Clerk’s Office, with the notation
“Attention Courtroom Deputy Judge Wise,” two sets of all pre-marked exhibits,
with one set tagged. Sample tags may be obtained from the Courtroom Deputy
and are attached to this standing order as Exhibit A. Admitted exhibits from
these binders will be given to the jury during deliberations. Note that the two
sets of exhibits are for the Court. The parties must bring to trial sufficient
exhibits for witnesses and counsel.
All exhibits must also be provided to the Court electronically via Box.
Instructions for how to upload exhibits can be found on the Northern District of
California’s website under “Uploading Digital Exhibits” on the Attorney Practice
Resources page: https://cand.uscourts.gov/attorneys/attorney-practice-resources
Electronic exhibits must be indexed in the same order as the binders, must
include an identical table of contents, and must be word-searchable as well as
sortable by title, exhibit number, and date.
All exhibits that have not been provided as required are subject to exclusion in the
reasonable exercise of the Court’s discretion.
7. Publication to Jury. No exhibits, demonstrative or otherwise, shall be shown or
published to the jury without stipulation of Counsel or prior Court approval.
8. Coordination regarding Admitted Exhibits. At the end of each trial day, parties
must consult with each other and with the Courtroom Deputy to confirm which
exhibits are in evidence, and any limitations to those exhibits.
Before the case goes to the jury, parties must confer with the Courtroom Deputy
to confirm that all exhibits going to the jury room are in evidence and in good
order.
Following trial, the parties shall coordinate with the Courtroom Deputy
regarding electronic filing of all admitted exhibits, which shall be the official
court record.
F. Motions in Limine (MIL)
Parties are limited to THREE MILs, per side. If a party wants leave to file additional MILs,
then at least 14 days prior to the pretrial conference that party must file a motion explaining why
the additional MILs are necessary, and must attach the proposed additional MILs. Any objection
to the motion to exceed the three MILs limit must be filed at least 7 days prior to the conference.
The Court will not consider reply briefs absent a prior order on a showing of good cause.
Before a party files an MIL, that party must first seek, from the opposing party, a stipulation to
the relief requested in the motion. The Court will not entertain boilerplate, overbroad, or
nonspecific motions, or motions that restate the rules of evidence.
All MILs for all parties, and any corresponding oppositions, must be contained in one document,
limited to 25 total pages per side, and must be filed and served, with a courtesy copy delivered to
the Court, at least 14 calendar days prior to the pretrial conference. The courtesy copy must be
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in a clearly labeled, single, three-ring binder, with each MIL in a separate tab, immediately
followed by the separately tabbed opposition. The Court will not consider reply briefs absent
prior order on a showing of good cause. The Court will generally hear MILs at the pretrial
conference.
The following in MILs shall NOT be filed but shall be deemed ORDERED unless the parties
stipulate otherwise or take exception in a motion:
1. No Party will be permitted to introduce evidence of settlement discussions or
mediation; insurance; other claims/suits/actions against a Party; or the financial
condition of any Party except in the punitive damages phase of a case, if applicable.
2. Absent a stipulation on the record, or Court order, all non-party witnesses are to be
excluded from the courtroom and are directed to be admonished by counsel not to
listen to the livestream courtroom proceedings, review any reports of the trial, or
discuss the evidence presented until the conclusion of their testimony.
G. Jury Materials
1. Party Submissions. At least 14 calendar days before the pretrial conference, the
parties must jointly file and serve the following documents, described further below,
with a courtesy copy delivered to the Court, and Word versions emailed to
[email protected]: (a) list of participants; (b) agreed upon voir dire
questions; (c) proposed jury instructions; and (d) a proposed jury verdict form.
2. List of Participants. The parties must provide a single list, in alphabetical order,
of all people the parties will present to jurors during the trial. This includes all
fact and expert witnesses who may be called at trial (other than solely for
impeachment or rebuttal), counsel, and any individuals providing legal or
technical support in the courtroom. The Court provides this list to potential
jurors to determine whether the potential jurors know anyone who is involved
with the presentation of the parties’ case.
3. Jury Instructions. Ordinarily, the Court will use the standard preliminary and
closing jury instructions contained in the Model Jury Instructions of the Ninth
Circuit or the California Civil Jury Instructions (CACI), and the Court will give the
preliminary jury instructions prior to opening statements.
The parties must submit a set of agreed-upon case-specific instructions using
the Ninth Circuit Model Jury Instructions or CACI whenever possible. If any
standard instruction has been modified, regardless of whether the parties stipulated
to the modification, and no matter how minor the modification, the change must be
clearly identified by red-lined copy and supported by authority and/or explanation.
Each instruction must on a single-page, single-sided, with the instruction number
on the top of each page, in bold, with a number and title of the instruction (e.g.,
CACI 100 – Preliminary Admonishments). Each new instruction must start on a
new page, collated in numerical order, with no page numbers on the bottom.
All jury instructions must be tailored to fit the case, with extraneous information and
brackets removed, no law firm or party information noted in the headers or footers,
presented with a table of contents, in suitable final form for the Court to provide to
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the jury.
The Court discourages the unnecessary submission of special instructions or
modification of model instructions. Special instructions, if any, must be complete,
accurate, balanced, clear, and non-argumentative.
The courtesy copies of the jury instructions must be contained in a clearly labeled,
single, three-ring binder, with three tabs.
The first tab must contain all agreed upon instructions.
The second tab must contain standard jury instructions that all parties agree should
be given but disagree about how that instruction should be tailored to the case. In
that tab each side should provide their version of the proposed instruction for each
instruction in dispute, and shall, on the same page below the instruction provide a
concise argument and authority as to why their version of the instruction is required
or preferred, and why the Court should accept that party’s version of the instruction
over the version provided by the opposing party.
The third tab is for standard instructions that one party asserts should be included,
and another party disagrees. In that tab the party proposing the instruction should
provide the instruction, followed by a concise argument by each party, including
relevant authority, as to why the instruction should or should not be given to the
jury.
The fourth tab is for non-standard instructions that that one party asserts should be
included, and another party disagrees. In that tab the party proposing the instruction
should provide the instruction, followed by a concise argument by each party,
including relevant authority, as to why the instruction should or should not be given
to the jury.
4. Verdict Form. The courtesy copy of the agreed upon verdict form must be
contained in a clearly labeled, single, three-ring binder. If the parties are unable to
reach agreement after diligently meeting and conferring in good faith, each party
must provide their version of the verdict form, followed by a concise argument,
including any relevant authority, as to why their version of the verdict form, and
not that of the opposing party, should be given to the jury.
H. Depositions
1. For Impeachment or Refreshing Recollection. On the first day of trial counsel must
submit to the Court the original sealed deposition (as well as at least one copy) of
each deposition transcript that will be used for impeachment or refreshing
recollection.
When a deposition is used for the first time, counsel must state the deponent’s name,
the date of the deposition, the name of the lawyer asking the question, and the page
and lines that counsel will read, allowing a brief opportunity for any objection.
Counsel will state “Question,” read the question exactly as asked, state “Answer,” and
read the answer verbatim. Rather than reading a passage, counsel may present the
video deposition, if that passage is queued to immediately play.
2. Deposition Testimony in Lieu of Live Testimony. If a witness will appear by
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deposition (not live), not later than 10 calendar days prior to the day the deposition
testimony will be presented to the jury (either by reading or by video) counsel must
submit to the Court a separate binder for each witness that includes: the cover page
of the deposition; the pages that include appearances by all participants and the
witness being sworn; and, each page from which any testimony is proffered,
including any counter-designations by opposing counsel, color-coded by party.
If a party opposes any deposition designation, the parties must submit a chart with:
the page and line of the testimony at issue; a column in which counsel states the
objection and a brief basis for the objection if necessary; a column in which the
proffering party replies to the objection; and, a column that has a place for the Court
to mark whether it overrules or sustains the objection, with room for the Court to
provide clarification if needed. Note that if a party opposes any deposition
designation, the parties must include sufficient testimony from the deposition
transcript that precedes the objectionable testimony so that the Court has context to
rule on the objection.
Deposition testimony may be read, consistent with the instructions above, or played
by video. If counsel presents the testimony by video, the video must be prepared in
advance to only include the precise testimony as stipulated or as ordered by the Court.
I. Trial Briefs
Trial briefs are optional, but any party wishing to file a trial brief must do so at least 14 calendar
days prior to the commencement of trial, with a courtesy copy delivered to the Court.
J. Continuances and Settlements
Once set by the Court, the parties should regard trial dates as firm. Absent exigent
circumstances or the parties reaching a complete settlement (not a settlement in principle)
accompanied with a request for dismissal, or a stipulation with a date certain for the filing of
dismissal, the Court generally will not grant trial continuances. In accordance with Civil Local
Rule 40-1, if the parties fail to proceed with a scheduled trial after a jury is empaneled, the Court
may assess the costs of maintaining the jury against the parties or attorneys.
K. Audiovisual Presentations
For any audiovisual presentations, counsel should consult with the Courtroom Deputy to
determine what equipment, if any, counsel will need to provide and maintain during the trial.
Counsel must meet and confer to discuss their respective equipment needs, and what can
reasonably be shared. The United States Marshal requires an order to allow equipment into the
courthouse. Any request for such an order should be by stipulation and filed no less than seven
calendar days prior to the pretrial conference. Parties should be prepared to maintain equipment
during the trial, including, if necessary, having an onsite technician present in the courtroom
throughout the trial.
L. Voir Dire
In accordance with Federal Rule of Civil Procedure 47(a), voir dire by counsel will not be
permitted absent leave of court. Time permitting, it is generally the practice of the Court to
provide leave to each side to conduct a brief voir dire.
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M. Opportunities for Junior Lawyers
The Court strongly encourages the parties to permit junior lawyers to examine witnesses and to
have an important role at trial.
N. Witnesses at Trial
Unless otherwise ordered, by the close of each trial day each party must notify all other parties of
all witnesses that party intends to call on the following trial day and shall provide a list of all
exhibits that will be used on direct and cross-examination (other than for impeachment of an
adverse witness). If the parties have not stipulated to the admission of the exhibits that will be
used for those witnesses, the exhibit list must include the outstanding objections. The Court will
address those objections either after the jury has left for the day, or prior to the jury arriving the
following day. Failure to comply with this order may, in the discretion of the Court, be grounds
for exclusion of any witness or exhibit not properly disclosed.
There can only be one lawyer per witness per party for all purposes. If a junior lawyer will be
responsible for a witness, the junior lawyer may briefly confer with a more senior lawyer during
direct or cross examination, but absent leave of Court, only the junior lawyer will speak to the
witness or the Court, including for objections.
Once the cross-examination of a witness has commenced, and until cross-examination of the
witness has concluded, counsel offering the witness on direct examination must not: (a) consult
or confer with the witness regarding the substance of the witness’s testimony already given, or
anticipated to be given, except for the purpose of conferring on whether to assert a privilege
against testifying or on how to comply with a court order; or (b) suggest to the witness the
manner in which any questions should be answered. Once cross-examination has concluded,
counsel is permitted to confer with the witness before redirect examination begins.
Parties should always have their next witness ready and available in the Courthouse. If a party
does not have a witness ready, that party’s trial time will still be running for the day, or the
party will have deemed to have rested.
Parties shall cooperate with each other to schedule and produce witnesses. Witnesses may be
taken out of order if necessary. Parties should make every reasonable effort to avoid calling a
witness twice (as an adverse witness and later as a party’s own witness).
If a witness is testifying at the time of a recess or adjournment and has not been excused, the
witness shall be seated back on the stand when court reconvenes. If a new witness is to be
called immediately following recess or adjournment, the witness should be seated in the front
row, ready to take the stand and be sworn.
Immediately before each new witness takes the stand, counsel calling the witness, or conducting
cross-examination, shall place on the witness stand a clearly marked copy of each exhibit that
counsel expects to reference during direct examination or cross-examination respectively.
O. Objections
Counsel shall stand when making objections and briefly state the basis of the objection. Counsel
shall not make speaking objections. Counsel shall not expand on the basis for the objection, or
respond to the objection of another party, unless requested by the Court.
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P. Post-Trial Retention of Exhibits
At the conclusion of the trial, each party must retain its exhibits throughout the appellate process.
It is each party’s responsibility to arrange with the Office of the Clerk of Court to file the record
on appeal.
Q. Daily Transcripts and Real-Time Reporting
Any party who would like a daily transcript or real-time reporting must follow the procedures
outlined on the Office of the Clerk of Court’s website:
https://cand.uscourts.gov/sites/default/files/documents/Instructions-for-e-filing-an-order-for-daily-
transcripts.pdf.
Parties must submit requests for daily transcripts or real-time reporting at least 14 calendar days
before the first day of trial.
R. Interpreters
If any witness will require an interpreter at trial and there is no certified court interpreter available
to translate in the appropriate language, counsel must notify Judge Wise’s Courtroom Deputy at
least 30 days before the commencement at trial at (408) 535-5332 or
[email protected].
Dated: March 2, 2026
_____________________________________
NOËL WISE
United States District Judge
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EXHIBIT A
UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA NORTHERN DISTRICT OF CALIFORNIA NORTHERN DISTRICT OF CALIFORNIA
Case Number: Case Number: Case Number:
PLTF / DEFT EXHIBIT PLTF / DEFT EXHIBIT PLTF / DEFT EXHIBIT
NO. NO. NO.
Date Date Date
Admitted: Admitted: Admitted:
By: By: By:
Allie Warren, Deputy Clerk Allie Warren, Deputy Clerk Allie Warren, Deputy Clerk
UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA NORTHERN DISTRICT OF CALIFORNIA NORTHERN DISTRICT OF CALIFORNIA
Case Number: Case Number: Case Number:
PLTF / DEFT EXHIBIT PLTF / DEFT EXHIBIT PLTF / DEFT EXHIBIT
NO. NO. NO.
Date Date Date
Admitted: Admitted: Admitted:
By: By: By:
Allie Warren, Deputy Clerk Allie Warren, Deputy Clerk Allie Warren, Deputy Clerk
UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA NORTHERN DISTRICT OF CALIFORNIA NORTHERN DISTRICT OF CALIFORNIA
Case Number: Case Number: Case Number:
PLTF / DEFT EXHIBIT PLTF / DEFT EXHIBIT PLTF / DEFT EXHIBIT
NO. NO. NO.
Date Date Date
Admitted: Admitted: Admitted:
By: By: By:
Allie Warren, Deputy Clerk Allie Warren, Deputy Clerk Allie Warren, Deputy Clerk
UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA NORTHERN DISTRICT OF CALIFORNIA NORTHERN DISTRICT OF CALIFORNIA
Case Number: Case Number: Case Number:
PLTF / DEFT EXHIBIT PLTF / DEFT EXHIBIT PLTF / DEFT EXHIBIT
NO. NO. NO.
Date Date Date
Admitted: Admitted: Admitted:
By: By: By:
Allie Warren, Deputy Clerk Allie Warren, Deputy Clerk Allie Warren, Deputy Clerk
