UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
STANDING ORDER RE CIVIL JURY TRIALS
JUDGE BETH LABSON FREEMAN
I. MEET AND CONFER
At least 21 days before the final Pretrial Conference, lead counsel who will try the case
shall meet and confer with respect to:
(1) Settlement of the Case;
(2) Preparation of the Joint Pretrial Statement and Order;
(3) Preparation and exchange of pretrial materials to be filed pursuant to Federal Rule
of Civil Procedure 26(a)(3); and
(4) Clarification and narrowing of the contested issues for trial.
II. JOINT PRETRIAL STATEMENT AND ORDER
At least 14 days before the final Pretrial Conference, unless otherwise ordered, the parties
shall file a Joint Pretrial Statement and Order containing the following information:
A. The Action
1. The Parties
A list of the parties who have been served and have appeared. Any parties
not identified in the Joint Pretrial Statement and Order will be deemed to
have been dismissed.
2. Substance of the Action
A concise statement identifying the claims and defenses that remain to be
decided; the elements of each claim and defense; and the pleading in
which each claim and defense is pled. Parties will be precluded from
presenting claims or defenses not set forth in the Joint Pretrial Statement
and Order.
3. Relief Sought
A statement of relief sought, itemizing all elements of damages claimed.
4. Federal Jurisdiction and Venue
A statement of the bases for federal jurisdiction and venue.
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B. Factual Basis of the Action
1. Undisputed Facts
A concise statement of all facts that may be incorporated into the trial
record by stipulation of the parties.
2. Disputed Facts
A concise statement of all disputed facts to be litigated at trial.
C. Disputed Legal Issues
A concise statement of each disputed point of law, citing relevant statutes and
decisions.
D. Estimate of Trial Time
An estimate of the total number of hours or days needed for trial.
E. Trial Alternatives and Options
1. Settlement Discussion
A statement summarizing the status of the settlement negotiations and
indicating whether further negotiations are likely to be productive.
2. Amendments or Dismissals
A statement of proposed amendments to the pleadings or dismissals of
parties, claims, or defenses.
3. Bifurcation or Separate Trial of Issues
A statement whether bifurcation or a separate trial of specific issues is
feasible and desired.
F. Binding Effect of the Joint Pretrial Statement and Order
The Joint Pretrial Statement and Order shall recite, directly above the signature
lines of the parties, the following:
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 shall supplement the pleadings and govern the course of trial of this
action, unless modified to prevent manifest injustice.
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Date and signature lines for the Court shall appear immediately following the
signature lines of the parties.
III. PREPARATION FOR TRIAL
A. Witnesses
1. Appendix
The following information shall be provided as an appendix to the Joint
Pretrial Statement and Order. For each party, a list of all witnesses likely
to be called at trial, including those appearing by deposition. For each
witness, there should be a short statement of the substance of his or her
testimony and an estimate regarding the length of testimony (including
direct and cross-examination). If the witness is an expert witness, please
state the expert’s theories and conclusions and the bases therefor. Attach
the expert’s curriculum vitae and report (if any).
2. Consequences of Nondisclosure
No party shall be permitted to call a witness in its case in chief who is not
disclosed in the Joint Pretrial Statement and Order without leave of the
Court for good cause shown.
B. Exhibits
1. Appendix
The following information shall be provided as an appendix to the Joint
Pretrial Statement and Order. A joint list of exhibits, discovery
responses, and deposition excerpts to be offered at trial, in tabular form
with (a) a column identifying the exhibit number consistent with the pre-
marking requirement below; (b) a column briefly describing the exhibit;
(c) a column describing the purpose for which the exhibit is offered and
identifying its sponsoring witness; (d) a column stating any objections to
the exhibit; and (e) a column responding to the objections. The Court will
not rule on these objections before trial and any remaining objections must
be asserted at trial. Before this list is filed with the Court, counsel shall
meet and confer, in person, to consider exhibit numbers, eliminate
duplicate exhibits and confusion over exhibits, and make a good faith
effort to stipulate to admissibility. If stipulation is not possible, the parties
shall make every effort to stipulate to authenticity and foundation absent a
legitimate (not tactical) objection.
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2. Pre-Marked
All exhibits shall be pre-marked for identification with numbers (not
letters) by means of exhibit tags affixed to the back of the last page of
each exhibit. Sample tags are attached hereto.
3. Delivery to Court
Unless otherwise ordered, on the Thursday before commencement of trial,
the parties shall deliver to Tiffany Salinas-Harwell, Courtroom Deputy to
Judge Freeman, 1 original set of exhibits and 1 complete copy of the
original set. The copy set of exhibits need not be tagged, but the exhibits
contained therein must be labeled clearly. Both sets of exhibits – the
original and the copy – shall be in three-ring binders with the exhibits
separated by tabs denoting the exhibit numbers.
4. Consequences of Nondisclosure
No party shall be permitted to offer any exhibit at trial that is not disclosed
in the Joint Pretrial Statement and Order without leave of the Court for
good cause shown, unless it is offered solely for impeachment or rebuttal.
C. Motions in Limine
1. Timing
Unless otherwise ordered, the parties shall file and serve any motions in limine at
least 14 days before the final Pretrial Conference, and any opposition thereto at
least 7 days before the final Pretrial Conference. Reply briefs are not permitted.
The Court will hear argument on motions in limine at the final Pretrial
Conference.
2. Contents
Each motion shall be presented in a separate document and shall be numbered as,
for example, “Plaintiff’s Motion in Limine No. 1 to Exclude. . . .” Each side is
limited to 5 motions in limine. Each motion in limine is limited to 5 pages and
may address only one issue. If a party raises a Daubert motion as a motion in
limine, the party must file a separate motion for each expert to which the party
raises a Daubert challenge. Each Daubert motion is included in the 5 motion
maximum for motions in limine.
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D. Jury Materials
At least 7 days before the final Pretrial Conference, the parties shall file and serve
the following materials. All jury materials must be submitted in hard copy and in
word processing format via e-mail to
[email protected].
1. Preliminary Statement to the Jury
A simplified statement of the case to be read to the jury during voir dire
and as part of the proposed jury instructions. Unless the case is extremely
complex, this statement should not exceed one paragraph.
2. Voir Dire Questions
The Court will conduct the initial voir dire. Counsel may submit for the
Court’s consideration an agreed upon set of voir dire questions to be posed
by the Court. Any voir dire questions on which counsel cannot agree may
be submitted separately. Counsel will be allowed a brief (15 minutes)
follow-up voir dire after the Court’s questioning. Counsel shall inform the
Court if they wish to use a jury questionnaire and, if so, shall submit a
proposed questionnaire for the Court’s review.
3. Jury Instructions
a) Joint Set of Instructions
The parties shall submit a complete joint set of proposed jury
instructions, arranged in a logical sequence, which incorporates the
Model Jury Instructions of the Ninth Circuit to the extent feasible
and appropriate.
b) Stipulated Instructions
If an instruction is undisputed, it shall be identified as “Stipulated
Instruction No. ___ re ____________,” with the blanks filled in as
appropriate. Even if stipulated, the instruction shall be supported
by citation to the Model Jury Instructions of the Ninth Circuit or
other authority.
c) Disputed Instructions
If an instruction is disputed, all versions of the instruction shall be
inserted together in the logical place for the instruction in the
overall sequence. A disputed instruction shall be identified as
“Disputed Instruction No. ___ re ____________ offered by
____________,” with the blanks filled in as appropriate. All
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disputed versions of the same instruction shall bear the same
number. If a party does not have an alternate version but contends
that no such instruction should be given, that party should so state
on a separate page inserted in lieu of an alternate version. Each
party should support its position regarding a disputed instruction
with a brief argument and citation to relevant authority, set forth
immediately following the disputed instruction. The parties are
encouraged to keep disputed instructions to a minimum.
4. Verdict Form
The parties shall submit a joint proposed verdict form. If the parties are
unable to stipulate to a verdict form, each party shall submit a proposed
verdict form.
E. Trial Briefs
Each party shall submit a trial brief, not to exceed 15 pages, at least 7 days before
the commencement of trial. A trial brief is most helpful to the Court when it
summarizes the party’s theory of the case, identifies key evidence, and provides
summary briefing on any controlling issues of law.
F. Stipulations
A statement of proposed stipulations that will expedite the presentation of
evidence. Any stipulations submitted before or during trial shall be in writing and
signed by all parties.
G. Time Limits
Ordinarily, the Court will set fixed trial time limits at the final Pretrial
Conference. Each party may allocate its time as it wishes, but all of a party’s
examination time (whether direct, cross, re-direct, or re-cross) for all witnesses
must fit within its time limit. Opening and closing time limits are in addition to
examination time.
IV. TRIAL SCHEDULE
Trial is conducted on Mondays, Wednesdays, and Fridays from 9:00 a.m. to 5:00 p.m.
and on Tuesdays from 10:00 a.m. to 5:00 p.m. Thursdays typically are dark.
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V. MISCELLANEOUS
A. 12-Point Type and Double-Spaced
All written text, including footnotes and quotations, shall be no less than 12-point
type and shall be double-spaced.
B. Footnotes
Footnotes shall be no less than 12-point type and shall be double-spaced.
Footnotes shall not be used to cite to legal authorities or evidence. All citations to
legal authorities or evidence shall be in the body of the brief. Excessive footnotes
will be disregarded.
Dated: September 9, 2024
BETH LABSON FREEMAN
United States District Judge
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UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NORTHERN DISTRICT OF NORTHERN DISTRICT OF
CALIFORNIA CALIFORNIA CALIFORNIA
Case No: Case No: Case No:
Joint / Plaintiff / Defendant Exh. No.: Joint / Plaintiff / Defendant Exh. No.: Joint / Plaintiff / Defendant Exh. No.:
Date Admitted: Date Admitted: Date Admitted:
By: Tiffany Salinas-Harwell, Deputy Clerk By: Tiffany Salinas-Harwell, Deputy Clerk By: Tiffany Salinas-Harwell, Deputy Clerk
UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NORTHERN DISTRICT OF NORTHERN DISTRICT OF
CALIFORNIA CALIFORNIA CALIFORNIA
Case No: Case No: Case No:
Joint / Plaintiff / Defendant Exh. No.: Joint / Plaintiff / Defendant Exh. No.: Joint / Plaintiff / Defendant Exh. No.:
Date Admitted: Date Admitted: Date Admitted:
By: Tiffany Salinas-Harwell, Deputy Clerk By: Tiffany Salinas-Harwell, Deputy Clerk By: Tiffany Salinas-Harwell, Deputy Clerk
UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NORTHERN DISTRICT OF NORTHERN DISTRICT OF
CALIFORNIA CALIFORNIA CALIFORNIA
Case No: Case No: Case No:
Joint / Plaintiff / Defendant Exh. No.: Joint / Plaintiff / Defendant Exh. No.: Joint / Plaintiff / Defendant Exh. No.:
Date Admitted: Date Admitted: Date Admitted:
By: Tiffany Salinas-Harwell, Deputy Clerk By: Tiffany Salinas-Harwell, Deputy Clerk By: Tiffany Salinas-Harwell, Deputy Clerk
UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NORTHERN DISTRICT OF NORTHERN DISTRICT OF
CALIFORNIA CALIFORNIA CALIFORNIA
Case No: Case No: Case No:
Joint / Plaintiff / Defendant Exh. No.: Joint / Plaintiff / Defendant Exh. No.: Joint / Plaintiff / Defendant Exh. No.:
Date Admitted: Date Admitted: Date Admitted:
By: Tiffany Salinas-Harwell, Deputy Clerk By: Tiffany Salinas-Harwell, Deputy Clerk By: Tiffany Salinas-Harwell, Deputy Clerk
UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NORTHERN DISTRICT OF NORTHERN DISTRICT OF
CALIFORNIA CALIFORNIA CALIFORNIA
Case No: Case No: Case No:
Joint / Plaintiff / Defendant Exh. No.: Joint / Plaintiff / Defendant Exh. No.: Joint / Plaintiff / Defendant Exh. No.:
Date Admitted: Date Admitted: Date Admitted:
By: Tiffany Salinas-Harwell, Deputy Clerk By: Tiffany Salinas-Harwell, Deputy Clerk By: Tiffany Salinas-Harwell, Deputy Clerk
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Standing Order Re Civil Jury Trials
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