UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
STANDING ORDER FOR CIVIL TRIALS BEFORE JUDGE CHHABRIA
SUMMARY TABLE OF DEADLINES ........................................................................................ 2
FINAL PRETRIAL CONFERENCE ............................................................................................. 2
PRETRIAL FILINGS ..................................................................................................................... 3
Proposed Supplemental Juror Questionnaire (Due 21 Days Before PTC) ................................. 3
Proposed Jury Instructions (Due 21 Days Before PTC) ............................................................. 3
Joint Pretrial Conference Statement (Due 14 Days Before PTC) ............................................... 4
Motions in Limine with Oppositions (Due 14 Days Before PTC) ............................................. 5
Involved Individuals List (Due 7 Days Before PTC) ................................................................. 6
Verdict Forms (Due 7 Days Before PTC) .................................................................................. 6
Statement of the Case (Due 7 Days Before PTC) ....................................................................... 6
Exhibit List (Due 7 Days Before PTC) ....................................................................................... 7
Word Versions of Pretrial Filings ............................................................................................... 7
EXHIBITS ...................................................................................................................................... 7
Treatment of Exhibits During Trial ............................................................................................ 8
DEPOSITION AND DISCOVERY DESIGNATIONS ................................................................. 9
PRETRIAL ARRANGEMENTS.................................................................................................... 9
THE JURY .................................................................................................................................... 10
OBJECTIONS............................................................................................................................... 11
USING PRIOR STATEMENTS AND REFRESHING RECOLLECTION AT TRIAL ............. 11
WITNESSES................................................................................................................................. 11
FINDINGS OF FACT AND CONCLUSIONS OF LAW (FOR BENCH TRIALS) ................... 12
SUMMARY TABLE OF DEADLINES
DEADLINE DATE
Meet and confer regarding pretrial 28 Days Before Pretrial Conference
conference, serve motions in limine
Serve oppositions to motions in limine 21 Days Before Pretrial Conference
File proposed supplemental juror 21 Days Before Pretrial Conference
questionnaire and proposed jury instructions
File joint pretrial conference statement, 14 Days Before Pretrial Conference
motions in limine and oppositions to motions
in limine
File involved individuals list, proposed 7 Days Before Pretrial Conference
verdict forms, statement of the case, exhibit
list
Arrangement of daily transcript or real-time 14 Days Before Trial
reporting
Filing of proposed order for bringing exhibit 14 Days Before Trial
presentation equipment and technology into
the building
Contact Bhavna Sharma regarding courtroom 10 Days Before Trial
layout and technology
Joint filing of all designations of deposition 7 Days Before Trial
testimony
Deliver original trial exhibit set and flash 5 Days Before Trial
drive of exhibits
FINAL PRETRIAL CONFERENCE
1. The final pretrial conference will be held roughly 14 days before the start of trial.
Lead trial counsel for each party shall attend. The parties should meet and confer at least 28 days
before the final pretrial conference about the matters discussed below.
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PRETRIAL FILINGS
Proposed Supplemental Juror Questionnaire (Due 21 Days Before PTC)
2. In advance of the trial, the Jury Office will send prospective jurors an online
questionnaire. The questionnaire includes standard questions that are asked in every case, as well
as a maximum of ten supplemental questions specific to a given case. One of those questions will
ask about scheduling conflicts, so the parties should propose nine other questions. The parties
shall file these questions on the docket and submit a Word version to
[email protected].
However, no argument may be included in this submission. For a copy of the standard
questionnaire, as well as other questions that Judge Chhabria tends to include in the
supplemental questionnaire, see the Standing Order section of Judge Chhabria’s website.
3. The parties need not include a question that asks prospective jurors whether they
know any of the individuals involved in the case. The prospective jurors will be given an
“Involved Individuals” list when they are called in.
Proposed Jury Instructions (Due 21 Days Before PTC)
4. The parties shall file a joint set of proposed jury instructions, arranged in the order
the parties propose the Court give the instructions.
5. The parties may use the Ninth Circuit Model Jury Instructions but should not
assume that they are correct. Any modifications to a form instruction must be plainly identified.
The Court at times will deviate from the model instructions to make them more readable and to
fit them to the facts of the case. The parties are encouraged to look at the Court’s past jury
instructions when drafting their proposed instructions. Examples are available on Judge
Chhabria’s web page. The parties do not need to submit instructions from Chapters 1-3 of the
Ninth Circuit Manual, but they must indicate which of these instructions should be included.
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6. Instructions upon which the parties agree shall be identified as “Stipulated
Instruction No. ____ Re ___________,” with the blanks filled in as appropriate.
7. If the parties disagree on an instruction, each party’s proposed version of the
disputed instruction shall be provided and identified as “Disputed Instruction No. ____ Re
____________ Offered by _________________,” with the blanks filled in as appropriate. All
proposed versions of the same instruction shall bear the same number. Following each set of
proposed versions of a disputed instruction, each party shall explain, in no more than one page,
why the Court should give that party’s proposed instruction.
8. If the parties dispute whether a particular instruction should be given at all, the
proponent of the instruction shall provide proposed language, identified as “Disputed Instruction
No. ____ Re ____________ Offered by _________________,” with the blanks filled in as
appropriate. Following the disputed instruction, each party shall explain, in no more than one
page, why the instruction should or should not be given.
9. If either party believes that a dispute about jury instructions must be resolved
before opening statements, it must be raised when the proposed jury instructions are filed and at
the pretrial conference. Otherwise, the Court will discuss jury instructions with the parties during
trial.
Joint Pretrial Conference Statement (Due 14 Days Before PTC)
10. The parties shall file a Joint Pretrial Conference Statement that contains the
following:
a. a brief description of all claims and defenses that remain to be decided (including
whether any issues are for the Court to decide rather than the jury);
b. a statement of all relief sought;
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c. a statement of all relevant stipulated or undisputed facts;
d. a list of all witnesses likely to be called at trial by each side, a brief statement
describing the substance of the testimony to be given by each witness, and the
estimated number of minutes or hours the testimony will take (on direct and cross);
and
e. an estimate of the total length of the trial.
Motions in Limine with Oppositions (Due 14 Days Before PTC)
11. Unless otherwise ordered by the Court, each party is limited to bringing five
motions in limine. Each motion should address a single, separate topic. Rather than trying to
squeeze multiple topics into one motion in limine, the parties must seek relief from the five-
motion limit at least 35 calendar days before the final pretrial conference. That request for relief
must list the topics of each motion in limine each side wishes to file.
12. Each motion should be clearly identified as “___________’s Motion in Limine
No. __ Re: ____________.”
13. The memoranda in support of and in opposition to each motion in limine shall be
no longer than five pages. The moving party shall not file a reply brief.
14. Motions in limine shall be submitted as follows: At least 28 calendar days before
the final pretrial conference, the moving party shall serve, but not file, the opening brief. At least
21 calendar days before the conference, the responding party shall serve, but not file, the
opposition. Once the moving party has received the opposition, that party should collate each
motion with its opposition, back-to-back, and then file the paired sets at least 14 calendar days
before the final pretrial conference.
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15. The moving party is responsible for uploading onto an online location designed
by the Clerk’s Office, by noon the day after filing, all motion papers (both those in support and
those in opposition).
Statement of Objection to Unconscious Bias Video (Due 7 Days Before PTC)
16. Starting January 1, 2019, prospective jurors will be shown a video on unconscious
bias in the jury office. The video can be accessed at
https://www.cand.uscourts.gov/attorneys/jury-video. If a party objects to prospective jurors’
viewing this video, the party must file a short statement (not to exceed one page double-spaced)
explaining its objection. The party should then alert the Court to its objection at the pretrial
conference.
Involved Individuals List (Due 7 Days Before PTC)
17. The parties shall jointly file, and send in Word format to
[email protected], a list of people involved in the case. This list will be shown to
prospective jurors during jury selection. The list should include counsel, the parties, the potential
witnesses, and any other people significantly involved in the case.
Verdict Forms (Due 7 Days Before PTC)
18. The parties shall file either a joint proposed verdict form, or, if they disagree,
separate proposed verdict forms.
Statement of the Case (Due 7 Days Before PTC)
19. The parties shall jointly file a proposed simplified Statement of the Case to be
read to the jury during voir dire. Unless the case is extremely complex, this statement should not
exceed one page (double-spaced).
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Exhibit List (Due 7 Days Before PTC)
20. The parties shall file a joint exhibit list in tabular form with the following
columns: (1) exhibit number; (2) name or brief description of the exhibit; (3) the exhibit’s
purpose and sponsoring witness; (4) a brief description of any objections to the admissibility of
the exhibit or, alternatively, a statement that the parties have stipulated to the exhibit’s
admissibility; (5) a brief response to any objections; and (6) a blank column for the Court’s use.
Word Versions of Pretrial Filings
21. The proposed supplemental jury questions, Joint Pretrial Conference Statement,
jury instructions, involved individuals list, and verdict form(s) shall be submitted in Microsoft
Word format via e-mail to
[email protected] when they are filed. There is no need to
submit paper copies.
EXHIBITS
22. The parties must jointly prepare a single set of all trial exhibits that will be the
official record and, if applicable, used on appeal.
23. No later than 5 days before trial, the parties shall upload official copies of all
exhibits to an online location designated by the Clerk’s Office, with each exhibit as a separate
file, and with each file named so that the exhibits appear sequentially when sorted by file name.
The parties should discuss with Judge Chhabria and the Courtroom Deputy how they will handle
showing exhibits to witnesses, including whether witness binders are necessary.
24. Exhibits shall be sequentially numbered (not lettered). If possible, parties shall
use the same number to mark an exhibit for trial as that used in depositions. Blocks of numbers
should be assigned to fit the needs of the case (e.g., Plaintiff has 1 to 100, Defendant A has 101
to 200, Defendant B has 201 to 300, etc.).
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25. A single exhibit should be marked only once. If the plaintiff has marked an
exhibit, the defendant should not re-mark the same document with another number. Different
versions of the same document (e.g., versions of a document with and without additional
handwriting), however, must be treated as different exhibits and marked with different numbers.
26. To avoid any party claiming “ownership” of an exhibit, all exhibits shall be
marked and referred to as “Trial Exhibit No. _____,” not as “Plaintiff’s Exhibit” or “Defendant’s
Exhibit.”
27. Exhibit tags shall be placed on or near the lower right-hand corner of each exhibit,
unless the exhibit is a photograph, in which case the tag shall be placed on the back. If an exhibit
is a multipage document and there is no room on the front of the first page then the exhibit
sticker must be placed on the back of the last page of the document in the lower left corner.
Treatment of Exhibits During Trial
28. Counsel must clearly announce the number of any exhibit used during the
proceedings, even if it has already been admitted.
29. Counsel must consult with each other and with the Courtroom Deputy at the end
of each trial day about which exhibits are in evidence and any limitations thereon. If there are
any disagreements, counsel should bring them promptly to the Court’s attention.
30. The parties must provide agreed-upon written transcripts of the content of any
audio or video exhibit to be used at trial. Failure to provide an agreed-upon transcript by the day
an exhibit is offered will preclude the exhibit’s admission.
31. At the close of evidence, before closing arguments, counsel must confer with the
Courtroom Deputy to make sure the exhibits in evidence are in good order.
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32. Exhibit notebooks for the jury will not be permitted without prior permission from
the Court.
33. Publication must be by poster blow-up, transmission via courtroom technology, or
such other method as is allowed in the circumstances. It is permissible to highlight, circle, or
underscore in the enlargements as long as it is clear that it was not on the original.
34. Upon the conclusion of the trial, each party shall retain a full set of exhibits
through the appellate process. It is each party’s responsibility to make arrangements with the
Clerk of the Court to file the record on appeal.
DEPOSITION AND DISCOVERY DESIGNATIONS
35. Unless otherwise ordered, no later than 7 days before trial begins, the parties shall
jointly file all designations of deposition testimony or other discovery it wishes to offer, as well
as any counter-designations or objections to the deposition testimony or discovery offered by any
other party. The parties shall provide the materials on a thumb drive and shall also submit one
hard-copy set. The hard-copy set shall be organized and formatted in a manner that allows the
Court to review the transcripts and identify the corresponding objections and responses without
the need to reference a separate spreadsheet.
36. There is no need to lodge deposition transcripts before trial. The lawyers should
simply be prepared to hand to the Court a copy of a witness’s deposition testimony once it is
time to cross-examine them.
PRETRIAL ARRANGEMENTS
37. Should a daily transcript and/or real-time reporting be desired, the parties shall
make arrangements with the Court Reporter Supervisor, at (
[email protected]., at
least 14 days before the trial date.
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38. No later than five days before the start of trial, the parties must provide the Court
Reporter a jointly-created list of names and places as well as any uncommon terms or acronyms
that are likely to come up during the trial.
39. The parties should contact the Courtroom Deputy, Bhavna Sharma, at
[email protected], to discuss any questions or issues about the layout of the courtroom.
Parties must contact Ms. Sharma at least 10 days prior to trial.
40. The Court may be able to provide access to an easel and the courtroom electronic
evidence presentation system. The parties should consult www.cand.uscourts.gov/courtroomtech
for information on the available courtroom technology. During trial, counsel may wish to use
laser-disk/computer graphics, poster blow-ups, or models. Such equipment must be provided by
the parties. Equipment should be shared by all counsel to the maximum extent possible. The
United States Marshal requires a court order to allow equipment into the courthouse. To request
such an order, the parties should contact the Courtroom Deputy no later than 14 days before trial.
For electronic equipment, parties should be prepared to maintain the equipment or have a
technician handy at all times. The parties shall tape extension cords to the carpet for safety.
THE JURY
41. The parties do not need to submit proposed voir dire questions in advance of trial.
42. A day or so before jury selection, the Court will hold an “excusal hearing” for the
purpose of determining which prospective jurors should be excused for hardship or cause based
exclusively on their questionnaire responses. One to two days before the excusal hearing, the
Court will send counsel a copy of the responses. The remaining jurors will be called in for jury
selection.
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43. During jury selection, the Court will circulate the list of “Involved Individuals”
and ask prospective jurors if they know anyone on the list. The Court may ask some raise-your-
hand questions. Counsel may then conduct a limited voir dire. Challenges for hardship and for
cause and the exercise of each party’s allotment of peremptory challenges will then be addressed
outside of the presence of the potential jurors. The 8 potential jurors (or such other number as
will constitute the jury) surviving the challenge process with the lowest numbers become the
final jury. The Court may alter this procedure in its discretion and after consultation with the
parties.
44. Jury selection will typically occur immediately before the beginning of trial.
OBJECTIONS
45. In making objections, counsel should state only the legal grounds for the
objection and should withhold all further comment or argument unless elaboration is requested
by the Court.
USING PRIOR STATEMENTS AND REFRESHING RECOLLECTION AT TRIAL
46. The parties should review the guide for using prior statements of witnesses and
refreshing recollection at trial, which is posted in the Standing Orders section of Judge
Chhabria’s website.
WITNESSES
47. At the close of each trial day, counsel shall exchange a list of witnesses for the
next two full court days and the exhibits that will be used during direct examination (other than
for impeachment of an adverse witness). Within 24 hours of receiving such notice, opposing
counsel shall provide any objections to such exhibits and shall provide a list of all exhibits to be
used with the same witness on cross-examination (other than for impeachment). The first notice
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shall be exchanged 48 hours prior to the first day of trial. All such notices shall be provided in
writing.
48. At the start of each trial day, counsel shall alert the Court to any objections to the
witnesses or evidence planned for the day, which the Court will address before the jury comes in.
FINDINGS OF FACT AND CONCLUSIONS OF LAW (FOR BENCH TRIALS)
49. In non-jury cases, all pretrial filings are due 7 days before the pretrial conference.
They must include trial briefs not to exceed 10 pages each, and proposed findings of fact and
conclusions of law. Judge Chhabria expects far fewer motions in limine for bench trials.
50. The parties will be required to submit revised proposed findings of fact and
conclusions of law following the trial. All factual findings must be supported by citations to all
pertinent portions of the record. If the citation is to witness testimony and a rough or final
transcript is not yet available, the citation can simply be to the date of the testimony. The parties
should hyperlink the citations in the proposed findings of fact to the exhibits and trial transcripts
and may provide the Court with the proposed findings of fact on a flash drive if needed.
Proposed findings shall be brief, written in plain English, and free of pejorative language. In
addition to being filed, the proposed findings must be emailed to the Court
(
[email protected]) in Word format.
51. Within 7 days of the Court ruling on the admissibility of exhibits used at trial, the
parties will be required to upload to an online location designated by the Clerk’s office all
exhibits admitted into evidence to chambers, and to notify Bhavna Sharma, Judge Chhabria’s
Courtroom Deputy, once uploaded. Those files should include any files that are not supported by
CM/ECF. See Civil Local Rules 5-1(g)(4).
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IT IS SO ORDERED.
Dated: June 26, 2026
Vince Chhabria
United States District Judge
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