UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF CALIFORNIA
STANDING ORDER FOR CIVIL JURY TRIALS BEFORE
DISTRICT JUDGE JON S. TIGAR
A. Meeting and Disclosure Prior to Pretrial Conference
At least 21 calendar days before the final pretrial conference, lead trial counsel must meet and
confer with respect to:
1. Settlement of the case;
2. Preparation of the joint pretrial statement;
3. Preparation and exchange of pretrial materials to be served and lodged pursuant to
Federal Rule of Civil Procedure 26(a)(3); and
4. Clarifying and narrowing the contested issues for trial in order to achieve a just,
speedy, and efficient resolution of the case.
B. Joint Pretrial Statement
Unless otherwise ordered, the parties must file and serve a joint pretrial statement no later than
seven 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. Undisputed Facts. A plain and concise statement of all relevant facts to which the
parties will stipulate for incorporation into the trial record without supporting
testimony or exhibits. The parties must exercise good faith in stipulating to facts
that are not reasonably disputable.
4. Disputed Factual Issues. A plain and concise list of the issues of fact that are
contested and remain to be litigated at trial.
5. Agreed Statement. A statement assessing whether all or part of the action may be
presented upon an agreed statement of facts.
6. Stipulations. A statement of proposed stipulations or agreements 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 trial other than
solely for impeachment or rebuttal, and a brief statement following each name
describing the substance of the testimony to be given. No party will be permitted to
call any witness in its case-in-chief who is not disclosed in its pretrial statement
without leave of court.
8. Exhibits, Schedules, and Summaries. A list of all documents or other items to be
offered as exhibits at trial, other than solely for impeachment or rebuttal, and a brief
statement following each that describes: (1) its substance or purpose; (2) the identity
of the sponsoring witness; and (3) whether the parties have stipulated to its
admissibility and, if they have not, the objection to its admission, the grounds for the
objection, and the position of the offering party.
9. Disputed Legal Issues. Without extended legal argument, 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 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. Estimate of Trial Time. An estimate of the number of hours or days needed for the
trial.
14. Settlement Discussion. A brief summary of the status of settlement negotiations,
without indicating specific dollar amounts, and an indication of whether further
negotiations are likely to be productive and what, if anything, would facilitate
settlement.
15. Miscellaneous. Any other matters that will facilitate the just, speedy, and efficient
resolution of the action.
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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 foregoing admissions having been made by the parties, and
the parties having specified the foregoing issues of fact and law
remaining to be litigated, this order will supplement the pleadings
and govern the course of trial of this case, unless modified by the
Court to prevent manifest injustice.
D. Trial Exhibits
1. Exchange of Exhibits. At least 21 calendar days before the final pretrial conference,
the parties must exchange copies of all exhibits, summaries, charts, schedules,
diagrams, and other similar documentary materials 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 the use of
summaries.
2. Objections to Exhibits. Following the exchange, the parties must immediately meet
and confer about the exhibits and any potential objections thereto, and must make a
good faith effort to stipulate to exhibits’ admissibility. If the parties cannot so
stipulate, they must make every effort to stipulate at least to authenticity and
foundation absent a legitimate (not tactical) objection. The Court may inquire about
the basis for any or all of a party’s objections to another party’s exhibits and/or
conduct a pretrial conference to rule on such objections, so as to ensure that the
jury’s time is not wasted during trial.
3. Pre-Marking. Each exhibit must be labeled 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,
leaving enough unused numbers that additional exhibits can be marked during trial.
For example, the parties might agree that the plaintiff will use numbers 001–199 and
the defendant will use numbers 200–399.
4. Delivery. Unless otherwise ordered, at least seven calendar days prior to the
commencement of the trial, the parties must deliver one set of all pre-marked
exhibits in clearly labeled three-ring binders to the Clerk’s office, marked for the
attention of the courtroom deputy. Admitted exhibits from these binders will be
given to the jury during deliberations. The quality, condition, and labeling of the
binders should be such that the Court can easily transport and review the binders’
contents. Whenever possible, the spine of a binder should not be wider than three
inches.
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5. All exhibits that have not been provided as required are subject to exclusion in the
reasonable exercise of the Court’s discretion.
6. Following trial, the parties shall coordinate with the courtroom deputy regarding
electronic filing of all admitted exhibits, which shall be the official court record.
E. Motions in Limine
Any party filing a motion in limine must first seek a stipulation from the opposing party or
parties to the relief requested in the motion.
Motions in limine are due no later than 21 days before the final pretrial conference. They must
be contained in a single document of no more than 40 pages, with no single motion exceeding 10
pages. Oppositions are due no later than 14 days before the final pretrial conference. They must
also be contained in single document of no more than 40 pages, with the opposition to no single
motion exceeding 10 pages. The Court will not consider reply briefs absent prior order on a
showing of good cause.
The motions will be heard at the pretrial conference, unless the Court sets another time or
determines that oral argument is unnecessary.
The Court ordinarily does not grant leave to file motions in limine under seal.
F. Jury Materials
1. Party Submissions. Unless otherwise ordered, at least seven calendar days prior to
the pretrial conference, the parties must file and serve (a) jury voir dire questions,
(b) proposed jury instructions; and (c) proposed jury verdict forms. The parties must
e-mail Word versions of all of these documents to
[email protected] on the
same day they file them.
2. Voir Dire by Counsel. Counsel should discuss with the Court at the pretrial
conference whether they wish to conduct voir dire. See Fed. R. Civ. P. 47(a).
3. General Instructions. Ordinarily, the Court will give the standard preliminary and
closing jury instructions contained in the Model Jury Instructions of the Ninth
Circuit. The preliminary jury instructions will ordinarily be given prior to opening
statements.
4. Specific Instructions. The parties must submit a set of agreed-upon case-specific
instructions using the Ninth Circuit Model Jury Instructions or California Civil Jury
Instructions (CACI) whenever possible. Proposed deviations from the model
instructions, no matter how minor, must be clearly identified by red-lined copy and
supported by authority.
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. Any instruction to which the
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parties disagree must be marked as “disputed” and followed by concise argument
and authority in support of and against the use of the instruction.
The parties’ set of proposed jury instructions must be ordered in logical sequence
and include a table of contents.
G. Trial Briefs
Trial briefs are optional, but any party wishing to file a trial brief must do so at least seven
calendar days prior to the commencement of trial.
H. Continuances and Settlements
Once set by the Court, trial dates are to be regarded as firm. Continuances are disfavored. For
example, the Court will rarely continue a trial because the parties have “settled in principle.” A
stipulated dismissal will ordinarily be required. 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.
I. 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.
J. Witnesses at Trial
Unless otherwise ordered, each party must notify all other parties by the close of each trial day of
the witnesses that party intends to call on the following trial day. Failure to comply with this
order may, in the discretion of the Court, be grounds for exclusion of any witness who was not
properly disclosed.
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.
K. 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 make arrangements with the Clerk to file the record on appeal.
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L. Daily Transcripts and Real-Time Reporting
Any party who would like a daily transcript or real-time reporting must email
[email protected] at least fourteen calendar days before the first day of trial.
Dated: June 3, 2026
_____________________________________
JON S. TIGAR
United States District Judge
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