UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
STANDING ORDER RE PRETRIAL PREPARATION
MAGISTRATE JUDGE VIRGINIA K. DEMARCHI
Updated November 17, 2025
1. General
The following requirements, deadlines, and procedures shall apply in all cases scheduled
for trial before Magistrate Judge Virginia K. DeMarchi, unless the Court specifically orders
otherwise.
2. Exchange of Pretrial Materials
At least 21 days prior to the Pretrial Conference, the parties shall serve (but not file) the
following materials:
a. Witness list. Each party shall provide a list identifying each witness the party intends
to call at trial, other than solely for impeachment. For each such witness, the party
shall indicate whether the witness will testify live or by deposition, whether the
witness will provide fact testimony, expert testimony, or both, and whether the party
will call the witness or may call the witness only if the need arises.
b. Deposition designations. For any witness to be called by deposition, the party listing
the witness shall provide a table identifying by page and line number the specific
testimony the party intends to offer at trial. The table should include columns for the
opposing party(ies) to state objections and counter-designations, and for the Court to
note any rulings (see attached form).
c. Exhibit list. Each party shall provide a list of all documents, summaries and other
items to be offered as exhibits at trial, other than solely for impeachment. Any
summaries a party intends to offer must comply with Fed. R. Evid. 1006. Each item
on the list shall be identified by an exhibit number followed by a short description of
the item. The list should include columns for the opposing party(ies) to state
objections, and for the Court to note any rulings (see attached form).
d. Proposed juror questionnaires (jury trials only). Each party seeking to use juror
questionnaires shall provide their proposed questionnaire.
e. Proposed voir dire questions (jury trials only). Each party should provide a set of
proposed voir dire questions that it wishes the Court to ask. As indicated below, the
Court will question prospective trial jurors, but will permit counsel a limited
opportunity for follow-up questions.
f. Proposed jury instructions (jury trials only). Each party shall provide a set of
proposed substantive instructions that includes the text of the instruction, its source
1
(e.g. Model Jury Instructions of the Ninth Circuit), and authority supporting the
instruction. If the source of the instruction is a model instruction, any deviations from
the model must be clearly indicated (e.g. using strikeout and underlining to show
deletions and additions). As indicated below, the parties need not exchange proposed
jury instructions that cover standard preliminary instructions or standard closing
instructions.
g. Proposed form of verdict (jury trials only). Each party shall provide the form of
verdict it wishes the Court to use.
At least 14 days prior to the Pretrial Conference, the parties shall serve (but not file) the
following materials:
a. Objections to witnesses. Each party shall state its objections, and the bases therefor,
to the testimony of any witnesses identified by the opposing party(ies).
b. Objections/counter-designations. Each party shall indicate its objections, and the
bases therefor, and any counter-designations to the deposition testimony designated
by the opposing party(ies).
c. Objections to exhibits. Each party shall state its objections, and the bases therefor, to
the exhibits identified by the opposing party(ies).
d. Objections to juror questionnaires (jury trials only). Each party shall state its
objections, and the bases therefor, to the juror questionnaires, if any, of the opposing
party(ies).
e. Objections to voir dire questions (jury trials only). Each party shall state its
objections, and the bases therefor, to the voir questions of the opposing party(ies).
f. Objections to jury instructions (jury trials only). Each party shall state its objections,
and the bases therefor, to the jury instructions of the opposing party(ies), together
with any alternative proposed instruction and the authority supporting the alternative
instruction.
The parties should agree on a format for the exchange of pretrial materials that facilitates
review, discussion, and communication of any objections.
3. Joint Pretrial Statement
At least 7 days prior to the Pretrial Conference, the parties shall file a Joint Pretrial
Statement that includes the materials described below (note that certain materials are to be
attached to the Joint Pretrial Statement as separate appendices). Counsel for the parties (and any
parties appearing pro se) shall confer in person, by telephone or by videoconference to discuss
preparation of the Joint Pretrial Statement sufficiently in advance of the filing deadline to ensure
the statement is timely filed. The conference of counsel must include discussion of any
objections to evidence (witness testimony, deposition designations, exhibits) that a party
proposes to offer at trial.
2
The Joint Pretrial Statement is a joint submission, which shall include:
a. Neutral statement of the case. A brief description of what the case is about.
For jury trials, the statement should be suitable for reading to the jury as part of
the Court’s preliminary jury instructions.
b. Claims and defenses. A statement of the pending claims and defenses to be
tried.
c. Relief. A statement of the relief sought by each party with a claim for relief.
d. Undisputed facts. A statement of (i) all relevant facts not reasonably in
dispute, and (ii) any facts to which the parties will stipulate for purposes of trial
without the need for supporting testimony or exhibits, in a form that may be
read to the jury if the matter is to be tried to a jury.
e. Disputed facts. A concise statement of the material disputed facts that must be
decided.
f. Legal issues. Without extended legal argument, a concise statement of each
disputed point of law concerning liability, relief, procedure, or evidence that
must be decided.
g. Proposed findings of fact and conclusions of law (non-jury trials only). For
matters tried to the Court without a jury, each party shall file proposed findings
of fact and conclusions of law, with citations as appropriate to evidence
proposed to be offered at trial.
h. Estimated time for trial. A carefully reasoned estimate of the number of hours
needed for the presentation of each party’s case, including cross-examination
of opposing witnesses.
i. Stipulations. Any stipulations requested or proposed for pretrial or trial
purposes, other than stipulations of fact.
j. Settlement. A statement indicating whether further settlement discussions
would likely be productive.
k. Miscellaneous. Any other matters relevant to the trial of this action or material
to its just, speedy, and inexpensive resolution.
l. Witnesses. A list, attached as a separate appendix, identifying each witness the
parties intend to call at trial, other than solely for impeachment. For each such
witness, the parties shall provide a very brief description of the subject matter
of the witness’s anticipated testimony. The parties shall also indicate whether
the witness will testify live or by deposition, whether the witness will provide
fact testimony, expert testimony, or both, and whether the party who is the
proponent of the witness will call the witness or may call the witness only if the
3
need arises. Objections to a witness’s testimony that have not been resolved
must be noted.
m. Deposition designations. For any witness testifying by deposition, a table,
attached as a separate appendix, identifying by page and line number the
specific testimony to be offered at trial, any objections that have not been
resolved, and any counter-designations. The deposition designations should
include the information in the form attached to this order.
n. Exhibits. A list, attached as a separate appendix, of all documents, summaries
and other items to be offered as exhibits at trial, other than solely for
impeachment. The parties must use a sequential numbering system for exhibits
to be offered at trial. Gaps in the sequence are permitted. Ideally, for exhibits
previously marked in deposition, the trial exhibit numbers will match the
deposition exhibit numbers. See Civil L.R. 30-2(b)(1). In any event, the
numbering system for trial exhibits must not assign the same exhibit number to
multiple different documents and must not assign different exhibit numbers to
the same document. Objections to exhibits that have not been resolved must be
noted. The exhibit list should include the information in the form attached to
this order. (Copies of the exhibits shall be lodged with the Court, according to
the instructions below.)
o. Proposed juror questionnaires (jury trials only). If desired, a proposed juror
questionnaire, attached as a separate appendix, to be provided to prospective
jurors before voir dire begins. If the parties are unable to agree on specific
questions, they shall indicate their respective proposals.
p. Proposed voir dire questions (jury trials only). A set of proposed voir dire
questions, attached as a separate appendix, the parties wish the Court to ask,
and if the parties do not agree as to all questions, a short statement of their
respective positions on which questions should and should not be asked. The
examination of prospective jurors will be conducted by the Court, with a
limited opportunity for counsel to ask follow-up questions.
q. Proposed jury instructions (jury trials only). A set of proposed substantive
instructions, attached as a separate appendix. Each instruction shall begin at
the top of a page, and shall include the text of the instruction, followed by its
source (e.g. Model Jury Instructions of the Ninth Circuit), the authority
supporting the instruction, any unresolved objections, any alternative
instruction, and the source of such alternative instruction. If the source of the
instruction is a model instruction, any deviations from the model must be
clearly indicated (e.g. using strikeout and underlining to show deletions and
additions). The Court intends to use the Model Jury Instructions of the Ninth
Circuit, modified and supplemented as necessary, as the starting point for jury
instructions, including preliminary instructions and closing instructions. The
parties should not submit proposed jury instructions that cover standard
preliminary instructions or standard closing instructions.
4
r. Proposed form of verdict (jury trials only). A proposed form of verdict, or if
the parties do not agree, their respective proposed forms of verdict, attached as
a separate appendix.
4. Motions in Limine
At least 14 days prior to the Pretrial Conference, the parties shall file any motions in
limine. Motions in limine may not exceed 10 pages. Parties may not file Daubert motions as
motions in limine. Daubert motions generally will be heard at the same time as dispositive
motions, unless the Court orders otherwise.
At least 7 days prior to the Pretrial Conference, the parties shall file oppositions, or
statements of non-opposition, to the motions in limine filed by the opposing party(ies).
No replies are permitted.
5. Chambers’ Copies of Motion in Limine Papers and Joint Pretrial Statement
Materials
The parties shall deliver two paper copies of (1) the Joint Pretrial Statement to Judge
DeMarchi’s chambers no later than noon on the court day following the day that the Joint Pretrial
Statement is filed and (2) motion in limine papers no later than noon on the court day following
the day that the parties’ respective opening and responding papers are filed. Chambers copies
must be double-sided and 3-hole punched along the left margin of the paper.
The parties shall email a copy of their jointly filed Exhibit List and Deposition
Designations in Microsoft Word or Excel format to
[email protected]. The parties shall
email a copy of their jointly filed Jury Instructions in Microsoft Word format to
[email protected].
6. Lodging Exhibits with Court
At least 7 days prior to the Pretrial Conference, the parties shall lodge with the Court all
proposed trial exhibits in both paper and electronic form. The paper exhibits should be exhibit-
numbered, tabbed and placed in 3-ring binders. If it is not feasible to include a particular exhibit
in a binder, place a slip sheet in the binder. The electronic copies of the exhibits should be
provided by delivering electronic media (e.g., thumb drive) to chambers.
7. Pretrial Conference
Lead counsel for the parties must appear in person for the pretrial conference.
8. Trial Preparation and Conduct
The Court’s usual trial schedule is Monday-Fridays, 9:00 a.m. to 2:00 p.m., with two 15-
minute breaks. Counsel may need to arrive earlier or stay later to address any matters that must
be heard out of the presence of the jury.
5
The Court’s usual practice is to set fixed time limits for presentation of each party’s
evidence, including direct and cross examination. Time limits for opening statement and closing
argument will be set separately. The Courtroom Deputy will track each party’s time, but the
parties are encouraged to track their own time and consult with the Courtroom Deputy at the end
of each day to avoid discrepancies.
If any party requires daily or real-time transcripts, Form CAND-435 with instructions for
requesting a transcript is available at
https://cand.uscourts.gov/sites/default/files/forms/CAND_435_8.18-fillable.pdf
If the parties wish to bring trial presentation equipment into the courtroom, please contact
Judge DeMarchi’s Courtroom Deputy to discuss arrangements. The U.S. Marshal will not
permit equipment to be brought into the courthouse without a court order.
The parties are expected to provide each other notice of the order and timing of witnesses
to be called at trial (live or by deposition), the exhibits to be used with each witness (other than
for impeachment), and demonstratives to be used with witnesses, in opening statements and in
closing arguments. The parties must confer in advance of trial on the manner and timing of such
notices so that objections may be raised with and resolved by the Court without delaying the
conduct of the trial.
9. Other Matters
All prospective jurors will be shown the Northern District of California’s Unconscious
Bias video, unless the Court sustains an objection to the video. The video is available for
viewing on the Court’s website at https://www.cand.uscourts.gov/attorneys/unconscious-bias-
video-for-potential-jurors/.
All prospective jurors will be asked by the jury administration office to fill out a standard
juror questionnaire that asks for basic background information, including information about juror
demographics and prior jury service. The results of this questionnaire will be shared with
counsel for the parties before jury selection.
In patent cases, empaneled jurors will be shown the Federal Judicial Center’s The Patent
Process: An Overview for Jurors video, unless the Court sustains an objection to the video. The
video is available for viewing on the FJC’s website at https://www.fjc.gov/publications/patent-
process-overview-jurors.
IT IS SO ORDERED.
Dated: November 17, 2025
VIRGINIA K. DEMARCHI
United States Magistrate Judge
6
FORM: DEPOSITION DESIGNATIONS
Case Name:
Case No.:
Witness name
Designated Objections Counter- Court
testimony designations
Page:line – page:line
FORM: EXHIBIT LIST1
Case Name:
Case No.:
Exhibit No. Description Objections Court
Plaintiff’s Exhibits
Exhibit No. Description Objections Court
Defendant’s Exhibits
Exhibit No. Description Objections Court
1
Exhibits should be numbered sequentially. Gaps in the sequence are permitted. If exhibits are
disputed, the parties may indicate in the chart that an exhibit or set of exhibits is proposed to be
offered by one party or the other.
7
