In S.D. Cal. a motion is due 28 days before the hearing
In the Southern District of California a motion is filed and served 28 days before the hearing, the opposition 14 days before it and the reply 7 days before it. Each date counts back from the hearing date the judge's law clerk gives you, and a date that lands on a weekend or holiday moves earlier. FRCP 6(c) alone asks for 14 and 7 days and sets no reply date.
Serving a motion or opposition by mail moves only its service date: serve 3 days earlier (31 days before the hearing for a motion, 17 for an opposition), and file on the usual day. CivLR 7.1.e.4 speaks of parties who do not file through CM/ECF; this site applies the 3 days to any mailed motion or opposition, which gives the earlier date. Whether 3 days attach to a mailed reply is unsettled, so the earlier date shows too. A judge's chambers rules can replace this schedule, so read them before you rely on a date.
Your dates
Example: File and serve the motion (CivLR 7.1.e.1), from Friday, November 20, 2026
FRI
Friday, October 23, 2026
- Minus 28 daysCivLR 7.1.e.1 (S.D. Cal.)
- Oct 23, 2026
Notes on this date
- A closure order issued later for a day in this count could move this date earlier.
- State holidays do not apply to a period measured before an event.
- Rule 6(d) does not apply: the local rule displaces it for this period, and CivLR 7.1.e.4 sets its own 3 days for mail service instead.
- To file on paper, the last day, Friday, October 23, 2026, ends when the clerk's office is scheduled to close (Rule 6(a)(4)(B)): it closes at 4:30 p.m., and papers left in the court's drop box before 6:00 p.m. take that day's date (CivLR 77.1). Electronic filing is not limited to these hours.
- A judge may waive any of these local rules in a particular case (CivLR 1.1.d), so the orders in your case, and a judge's chambers rules, can change a date shown here.
- In S.D. Cal. the CivLR 7.1 motion schedule covers every motion, application and request for a ruling, including an objection to a magistrate judge's order under Rule 72(a), unless a judge orders otherwise (CivLR 7.1.a).
- In S.D. Cal. the hearing date comes from the clerk of the judge assigned to the case (CivLR 7.1.b), and the motion, opposition and reply dates count back from it (CivLR 7.1.e.1 to 7.1.e.3).
- The court can shorten these times. An application for an order shortening time is made ex parte, with a proposed order, and served on every opposing party (CivLR 7.1.e.5).
- The Clerk will not file a late motion or response without the consent of the judge assigned to the case (CivLR 7.1.e.7).
- The movant's evidence is served and filed with the motion, on the same day (CivLR 7.1.f.2.a). Under FRCP 6(c)(2), any affidavit supporting a motion must be served with the motion.
- If the movant does not file a paper the local rules require, the court may treat the motion as waived (CivLR 7.1.f.2.b).
- A movant who will not go forward with a motion must tell opposing counsel and the judge as soon as possible (CivLR 7.1.g.1).
- Ask the judge to continue a noticed hearing as soon as possible, after asking the other side whether it agrees (CivLR 7.1.g.2).
- Unless a statute, local rule or court order sets a different time, electronic filing ends at midnight Pacific Time at the end of Friday, October 23, 2026 (2026-10-24 07:00 UTC). Rule 6(a)(4)(A) sets midnight; the S.D. Cal. ECF Manual, sec. 1.d, says "Pacific Time applies to all filings."
How this was computed
- Trigger → Nov 20, 2026 at least twenty-eight days before the noticed hearing date
- Count → Oct 23, 2026
Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Rule text: CivLR 7.1.e.1 (S.D. Cal.)
Loading the rule text.
Official source: CivLR 7.1.e.1 (S.D. Cal.)
Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Enter your dates and the example above is replaced by your result.
Not legal advice. 70 rule rows transcribed from the official text, the latest on October 5, 2026. None has been countersigned yet. Check every date yourself. Read the full disclaimer
The calculators apply the Federal Rules of Civil Procedure, the Federal Rules of Appellate Procedure and the removal statutes in title 28 of the U.S. Code, each quoted from the official text and cited to the subdivision. Every rule row shows its status on the rule verification record. 70 of 70 rule rows and 21 of 21 authority rows are not yet countersigned by an attorney.
A judge's standing orders and the orders in your case may change these dates. District local rules are applied only for the districts this site lists, and chambers rules are not applied.
This calculator does not yet apply state holidays. Rule 6(a)(6)(C) also treats as a legal holiday, for periods that are measured after an event, "any other day declared a holiday by the state where the district court is located" (for an appeal, FRAP 26(a)(6)(C) adds the state of the circuit clerk's principal office). Leaving a state holiday out can only move a forward deadline earlier, never later. That is the safe error if you are computing your own deadline. It is the wrong tool for arguing that the other side filed late: check that state's holidays first.
Check every date against the rule, the local rules and any order in your case before relying on it. Using this site creates no attorney-client relationship. See the terms of use.
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The short answer
How S.D. Cal. changes the other calculators
- Answer and pleading deadlines: adds Clerk prepares the order to show cause for no proof of service, target date (CivLR 4.1.b) and Move for default judgment before the Clerk's order to show cause (CivLR 55.1); S.D. Cal. notes on Serve the summons and complaint (Rule 4(m)), Answer after service (Rule 12(a)(1)(A)(i)), Answer after waiving service (Rule 12(a)(1)(A)(ii)), Answer by the United States, an agency, officer or employee (Rule 12(a)(2)), Answer by an officer or employee sued individually (Rule 12(a)(3)), Responsive pleading after a Rule 12 motion is decided (Rule 12(a)(4)(A)), Responsive pleading after a more definite statement (Rule 12(a)(4)(B)) and Jury demand (Rule 38(b)(1)).
- Discovery and pretrial deadlines: adds Early neutral evaluation conference, target date (CivLR 16.1.c.1), Case management conference after the ENE, target date (CivLR 16.1.c.2.b), Serve and file the memorandum of contentions of fact and law (CivLR 16.1.f.2.a), Meeting of counsel before the pretrial hearing (CivLR 16.1.f.4.a), Show or exchange exhibits at the meeting of counsel (CivLR 16.1.f.4.b), Give opposing counsel the proposed pretrial order (CivLR 16.1.f.6.a), Lodge the pretrial order with chambers (CivLR 16.1.f.6.b) and Serve and file trial briefs and jury or bench trial papers, and exchange exhibits (CivLR 16.1.f.9); S.D. Cal. notes on Scheduling order due (Rule 16(b)(2)), Rule 26(f) conference, outer limit (Rule 26(f)(1)), Summary judgment motion, default limit (Rule 56(b)), Objections to a magistrate judge's nondispositive order (Rule 72(a)) and Objections to a recommended disposition (Rule 72(b)(2)).
- Motion briefing deadlines: adds File and serve the motion (CivLR 7.1.e.1), Earliest hearing for a motion filed on a given day (CivLR 7.1.e.1), File and serve the opposition (CivLR 7.1.e.2), File and serve the reply (CivLR 7.1.e.3) and Serve and file a motion to continue pretrial dates (CivLR 16.1.f.1.b).
- Post-trial motion deadlines: adds Move for reconsideration (CivLR 7.1.i.2), File the bill of costs with a notice of hearing (CivLR 54.1.a), Set the costs hearing before the Clerk (CivLR 54.1.a), Move to retax costs (CivLR 54.1.h.1) and File a cross-motion to retax (CivLR 54.1.h.2); S.D. Cal. notes on Renewed motion for judgment as a matter of law (Rule 50(b)), New-trial motion after judgment as a matter of law (Rule 50(d)), Motion to amend findings (Rule 52(b)), Motion for a new trial (Rule 59(b)), New trial on the court's own initiative (Rule 59(d)), Motion to alter or amend a judgment (Rule 59(e)), Motion for attorney's fees (Rule 54(d)(2)(B)(i)), Motion for relief from a judgment or order (Rule 60(c)(1)) and Automatic stay of execution (Rule 62(a)).
- Notice of appeal deadlines: S.D. Cal. notes on Notice of appeal (FRAP 4(a)(1)(A)), Notice of appeal, federal party in the case (FRAP 4(a)(1)(B)), Notice of appeal after a listed post-judgment motion (FRAP 4(a)(4)) and Notice of appeal after reopening (FRAP 4(a)(6)).
On every calculator, choosing S.D. Cal. also applies the court's holiday closures to filing deadlines and ends the last day where the court says it ends.
The full record
S.D. Cal.: 188 entries transcribed from the court's Local Rules, holiday schedule and General Order 771 on October 5, 2026. None has been countersigned yet.
General
3 entries
CivLR 1.1.b: Effective Date
A district setting the calculators use: The cover of the compiled rules reads Revised as of June 1, 2026, while CivLR 1.1.b still says the rules took effect January 2, 2025. The site shows the cover date as the edition and applies these rules from January 2, 2025 (CivLR 1.1.b).
b. Effective Date. These Rules become effective on January 2, 2025.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm the edition display: the cover date, June 1, 2026, shown as the edition, with CivLR 1.1.b's January 2, 2025 effective date quoted beside it and used as the first day these rules apply.
CivLR 1.1.d
A district setting the calculators use: A judge may waive any of these local rules in a particular case (CivLR 1.1.d), so the orders in your case, and a judge's chambers rules, can change a date shown here.
d. In any case for the convenience of the parties in interest, or in the interest of justice, a judge may waive the applicability of these rules.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 7.1.c: Computation of Time
A district setting the calculators use: In S.D. Cal. legal holidays and the computation of time follow FRCP 6 (CivLR 7.1.c). A period counted back from a hearing that ends on a weekend or legal holiday moves earlier (FRCP 6(a)(5)).
c. Computation of Time. All legal holidays and computation of time must be as provided in Rule 6, Fed. R. Civ. P.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Attorneys
9 entries
CivLR 2.2.b.1: Charge or Conviction of Felony
Computes a date: Report a felony charge or conviction to the Clerk (CivLR 2.2.b.1), 14 days after the event. Offered on this page's calculator.
1. Any attorney charged with or convicted of a felony must report the charge or conviction within fourteen (14) days to the Clerk of the Court.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 2.2.b.4: Charge or Conviction of Felony
Computes a date: Move to modify a disbarment order (CivLR 2.2.b.4), 60 days after the event. Offered on this page's calculator.
4. Any attorney admitted to practice in this court who enters a plea of guilty to a felony, or is found guilty of a felony, must immediately be suspended from practice before this court. Upon the felony conviction becoming final, the attorney must be disbarred. The disbarred attorney may make a motion in this court within sixty days of disbarment for an order of modification of the disbarment order, as justice may require.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 2.2.d: Discipline Following Disciplinary Proceedings in Other Courts
Quoted, no date computed (due with another paper or event). Due when the response to the order to show cause is filed; nothing is counted.
In addition, at the time the response is filed, the attorney must produce a certified copy of the entire record from the other jurisdiction or bear the burden of persuading the Court that less than the entire record will suffice.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 2.2.d: Discipline Following Disciplinary Proceedings in Other Courts
Quoted, no date computed (the judge sets the date). The order to show cause sets the time to respond; the rule sets no default.
If an attorney files a response stating the imposition of an order of suspension or disbarment from this court is not contested, or if the attorney does not respond to the Order to Show Cause within the time specified, then the Chief Judge will issue an order of suspension or disbarment. If the attorney files a written response to the Order to Show Cause within the time specified stating that the entry of an order of suspension or disbarment is contested, then the Chief Judge will determine whether an order of suspension or disbarment should issue.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 2.2.e: Original Disciplinary Investigations and Proceedings Initiated in This Court
Quoted, no date computed (a duty of the court or the Clerk). The court serves its order to show cause within 21 days of the order; no party deadline.
The order to show cause will be served upon the respondent, not more than twenty-one (21) days from the date of the order.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 2.2.e: Original Disciplinary Investigations and Proceedings Initiated in This Court
Quoted, no date computed (a duty of the court or the Clerk). The court's order directs service at least 14 days before the date it sets to show cause; no party deadline is computed.
The order will further require that a copy of the order and a copy of the petition, be served in the respondent in a manner permitted by Fed. R. Civ. P 5(b) not less than fourteen (14) days in advance of the date specified for showing cause.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 83.3.d: Notice of Change of Status
Quoted, no date computed (no fixed period). An attorney reports a change in status in another jurisdiction promptly. No fixed period.
d. Notice of Change of Status. An attorney who is a member of the bar of this court, or who has been permitted to practice in this court under Civil Local Rule 83.3.c, must promptly notify the court of any change in status in another jurisdiction which would make the attorney ineligible for membership in the bar of this court under Civil Local Rule 83.3.c, or ineligible to practice in this court under Civil Local Rule 83.3.c hereof. In the event the attorney is no longer eligible to practice in another jurisdiction by reason of suspension for nonpayment of fees or enrollment as an inactive member, the attorney will immediately be suspended from practice before this court without any order of court and until the attorney becomes eligible to practice in such other jurisdiction. Any attorney seeking reinstatement may file a petition with the Clerk of Court with supporting documentation showing that he or she meets the requirements of 83.3.c.1.a, for determination by the Chief Judge.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 83.3.e: Notice of Change of Address or Facsimile Number or Email Address
Quoted, no date computed (no fixed period). An attorney reports a change of address, fax number or email promptly. No fixed period.
e. Notice of Change of Address or Facsimile Number or Email Address. An attorney who is a member of the bar of this court, or who has been permitted to practice in this court under Civil Local Rule 83.3.c must promptly notify the Court of any change of address. If the attorney has a facsimile authorization or email address on file and, if any of the information changes, the attorney must promptly notify the Court.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 83.3.f.2: Substitutions
Quoted, no date computed (no fixed period). Until the court approves a substitution, the attorney of record keeps authority, so service on that attorney still counts. No fixed period.
2. Substitutions. When an attorney of record for any person ceases to act for a party, such party must appear in person or appoint another attorney by a written substitution of attorney signed by the party, the attorney ceasing to act, and the newly appointed attorney, or by a written designation filed in the case and served upon the attorney ceasing to act, unless attorney is deceased, in which event the designation of a new attorney will so state. Until such substitution is approved by the Court, the authority of the attorney of record will continue for all proper purposes.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Pleadings and service
15 entries
CivLR 3.2.f: In Forma Pauperis Procedure
Quoted, no date computed (due with another paper or event). Due when the complaint or notice of appeal is submitted; nothing is counted.
f. In Forma Pauperis Procedure. All persons must submit the request to proceed in forma pauperis, accompanied by the affidavit required by 28 U.S.C. § 1915(a)(1) and Civil Local Rule 3.2.a, at the time the suit or notice of appeal is submitted for filing. Incarcerated persons must also attach the 6-month prison account certification required by 28 U.S.C. § 1915(a)(2) and Civil Local Rule 3.2.b. Applications for partial fee waivers (if any) pursuant to 28 U.S.C. § 1915(b)(4) and Civil Local Rule 3.2.e may also be submitted at the time the suit or notice of appeal is submitted for filing. NO PARTIAL FEE CHECKS WILL BE ACCEPTED UNTIL THE COURT REVIEWS THE AFFIDAVIT AND ACCOUNT INFORMATION SUBMITTED IN SUPPORT OF A PRISONER’S REQUEST TO PROCEED IN FORMA PAUPERIS AND ISSUES AN ORDER ASSESSING THE AMOUNT OF INITIAL FEE WHICH IS DUE. The Clerk of the Court is authorized to return any partial fee check submitted prior to the Court’s partial fee assessment order.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 4.1.a: Service of Process
A note on: Serve the summons and complaint (Rule 4(m)).
In S.D. Cal. the local rule says service must be made under Rule 4 and every complaint must be served within 90 days; it states no exception for service abroad (CivLR 4.1.a).
a. Service of Process. Service of process, i.e., service of the summons and complaint, must be performed in accordance with Rule 4, Fed. R. Civ. P. All complaints must be served within ninety (90) days. Any extension will be granted only upon good cause shown.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 4.1.b: Failure to Serve
An informational target: Clerk prepares the order to show cause for no proof of service, target date (CivLR 4.1.b), 100 days after filing. The court sets this date; the calculator shows where the rule puts it. Offered on the answer and pleading deadlines calculator with S.D. Cal. chosen.
b. Failure to Serve. On the one hundredth (100th) day following the filing of the complaint, or on the fourteenth (14th) day following an extension of time to serve, if proof of service has not yet been filed, the Clerk will prepare an order to show cause with notice to plaintiff why the case should not be dismissed without prejudice and submit it to the assigned district judge for signature.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 4.1.d: Service of Pleadings Other than Original Complaint
Quoted, no date computed (due with another paper or event). The summons is presented with the complaint; nothing is counted.
The summons must be prepared by the attorney, or the party, if the party is proceeding pro se, upon forms supplied by the Clerk, and must be presented concurrently with the filing of a complaint or petition commencing the action.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 5.2: Proof of Service
Quoted, no date computed (no fixed period). Proof of service is filed promptly and before anyone acts on the paper; none is needed for CM/ECF service. No fixed period.
Proof of service of all papers required or permitted to be served, other than those for which a particular method of proof is prescribed in the Fed. R. Civ. P., must be filed in the Clerk's Office promptly and in any event before action is to be taken thereon by the Court or the parties. No proof of service is required when a paper is served by filing it with the Court’s Electronic Filing System. Where required, the proof must show the day and manner of service and may be (1) written acknowledgment of service, on the original of the copy served, by the attorney or person in charge of his office receiving a copy thereof, or (2) by certificate of a member of the bar of this court; (3) by affidavit of the person who mailed or otherwise served the papers, or (4) by any other proof satisfactory to the Court. If an affidavit of mailing or of service is attached to the original pleading, it must be attached underneath the same so that the character of the pleading is easily discernible. Failure to make the proof of service required by this subdivision does not affect the validity of the service; and the Court may at any time allow the proof of service to be amended or supplied unless it clearly appears that to do so would result in material prejudice to the substantial rights of any party.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 5.3.b: When Filed
Quoted, no date computed (a definition). A fax filing counts as filed only when the Clerk files it, not when it is sent.
b. When Filed. Electronic transmission of a document via facsimile machine does not constitute filing; filing is complete when the document is filed with the Clerk.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 5.4.b: Consequences of Electronic Filing
Quoted, no date computed (a definition). Electronic filing with the Notice of Electronic Filing is filing and entry on the docket.
b. Consequences of Electronic Filing. Electronic transmission of a document to the Electronic Filing System in the manner prescribed by the Court’s Administrative Policies and Procedures Manual, together with the transmission of an NEF from the Court, constitutes filing of the document for all purposes of the Federal Rules of Civil Procedure and the Local Rules of this court, and constitutes entry of the document on the docket kept by the Clerk in accordance with Fed. R. Civ. P. 58 and 79.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 5.4.c: Service of Pleadings and Documents Filed Electronically
Quoted, no date computed (a definition). The Notice of Electronic Filing is service on CM/ECF users; parties not on CM/ECF are served under the federal and local rules.
c. Service of Pleadings and Documents Filed Electronically. The NEF that is automatically generated by the Court’s Electronic Filing System constitutes service of the filed document on Filing Users. Parties who are not Filing Users must be served with a copy of any pleading or other document filed electronically in accordance with the Federal Rules of Civil Procedure and these Local Rules. A certificate of service is not required when a party electronically files a document on other Filing Users with the Court’s Electronic Filing System, but, as set forth in Civ. L.R. 5.2, a certificate of service is required for service on any parties who are not Filing Users.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 5.4.d: Consent to Electronic Service
Quoted, no date computed (a definition). Registering for CM/ECF is consent to electronic service (CivLR 5.4.d). Rule 6(d) adds no days to electronic service (FRCP 6(d)).
d. Consent to Electronic Service. Registration as a Filing User constitutes consent to Electronic Service of all documents as provided in this General Order and in accordance with the Federal Rules of Civil Procedures and Federal Rules of Criminal Procedure.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 12.1: Civil Rule 12.1 Extension of Time to Answer
A note on: Answer after service (Rule 12(a)(1)(A)(i)), Answer after waiving service (Rule 12(a)(1)(A)(ii)), Answer by the United States, an agency, officer or employee (Rule 12(a)(2)), Answer by an officer or employee sued individually (Rule 12(a)(3)), Responsive pleading after a Rule 12 motion is decided (Rule 12(a)(4)(A)), and Responsive pleading after a more definite statement (Rule 12(a)(4)(B)).
In S.D. Cal. a stipulation does not extend the time to answer or move; a judicial officer must approve it on good cause (CivLR 12.1).
Extensions of time for answering, or moving to dismiss a complaint will only be secured by obtaining the approval of a judicial officer, who will base the decision on a showing of good cause.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 38.1: Civil Rule 38.1 Jury Demand
A note on: Jury demand (Rule 38(b)(1)).
In S.D. Cal. a jury demand must appear right after the title of the complaint, petition or answer that makes it; a mark on the civil cover sheet is not a demand (CivLR 38.1).
Where demand is made for a jury trial, it must appear immediately following the title of the complaint, petition or answer containing the demand, or on such other pleading as may be permitted under Rule 38(b), Fed. R. Civ. P. Any other notation on the civil cover sheet, such as those described in Civil Local Rule 3.1, will not constitute a demand for jury trial under these rules.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 40.2: Civil Rule 40.2 Notice of Party with Financial Interest
Quoted, no date computed (due with another paper or event). Filed with the party's first appearance and updated within a reasonable time after a change; nothing is counted.
Any non-governmental corporate party to an action in this court must file a “Corporate Disclosure Statement” identifying all its parent corporations and listing any publicly held company that owns 10% or more of the party's stock. A party will file a separate statement entitled “Notice of Party with Financial Interest” with its initial appearance in the Court and will supplement the statement within a reasonable time of any change in the information.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 41.1.a: Civil Rule 41.1 Dismissal for Want of Prosecution and for Failure to Comply with Local Rules
An informational target: Six months without a proceeding end (CivLR 41.1.a), 6 months after the event. The court sets this date; the calculator shows where the rule puts it. Offered on this page's calculator.
a. Actions or proceedings which have been pending in this court for more than six (6) months, without any proceeding or discovery having been taken therein during such period, may, after notice, be dismissed by the Court for want of prosecution, at the calling of a calendar prepared for that purpose by the Clerk. Such a dismissal must be without prejudice, unless otherwise ordered.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 55.1: Civil Rule 55.1 Default Judgments
Computes a date: Move for default judgment before the Clerk's order to show cause (CivLR 55.1), 30 days after entry. Offered on the answer and pleading deadlines calculator with S.D. Cal. chosen.
If plaintiff(s) fail(s) to move for default judgment within thirty (30) days of the entry of a default, the Clerk will prepare, with notice, an order to show cause why the complaint against the defaulted party should not be dismissed.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 83.11.b
Computes a date: Pro se plaintiff gives the court and parties a current address (CivLR 83.11.b), 60 days after the event. Offered on this page's calculator.
b. A party proceeding pro se must keep the Court and opposing parties advised as to current address. If mail directed to a pro se plaintiff by the Clerk at the plaintiff's last designated address is returned by the Post Office, and if such plaintiff fails to notify the Court and opposing parties within 60 days thereafter of the plaintiff's current address, the Court may dismiss the action without prejudice for failure to prosecute.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Motions
16 entries
CivLR 7.1.a: Scope of Rule
A note on: Objections to a magistrate judge's nondispositive order (Rule 72(a)) and File and serve the motion (CivLR 7.1.e.1).
In S.D. Cal. the CivLR 7.1 motion schedule covers every motion, application and request for a ruling, including an objection to a magistrate judge's order under Rule 72(a), unless a judge orders otherwise (CivLR 7.1.a).
a. Scope of Rule. Unless otherwise ordered by a judge of this district, or unless contrary to statute or in conflict with a provision of the Fed. R. Civ. P., the provisions of this rule will apply to motions, applications and orders to show cause, or other request for ruling by the Court. Such matters include motions to withdraw the reference from the bankruptcy court, appeals of orders by the bankruptcy court, and objections to magistrate judge's orders pursuant to Rule 72.a, Fed. R. Civ. P.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 7.1.b: Motion Hearing Dates
A note on: Objections to a magistrate judge's nondispositive order (Rule 72(a)), File and serve the motion (CivLR 7.1.e.1), File and serve the opposition (CivLR 7.1.e.2), and File and serve the reply (CivLR 7.1.e.3).
In S.D. Cal. the hearing date comes from the clerk of the judge assigned to the case (CivLR 7.1.b), and the motion, opposition and reply dates count back from it (CivLR 7.1.e.1 to 7.1.e.3).
b. Motion Hearing Dates. All hearing dates for any matters on which a ruling is required must be obtained from the clerk of the judge to whom the case is assigned.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 7.1.e.1: Twenty-Eight (28) Day Rule -- Setting Time for Hearing
Computes a date: File and serve the motion (CivLR 7.1.e.1), 28 days before the hearing. Offered on this page's calculator and on the motion calculator with S.D. Cal. chosen.
1. Twenty-Eight (28) Day Rule -- Setting Time for Hearing. When there has been an adverse appearance, a written notice of a matter requiring the Court's ruling is necessary, unless otherwise provided by rule or court order. Pursuant to the provisions of Civil Local Rule 7.1.b, all hearing dates for any motion must be obtained from the law clerk of the judge to whom the case is assigned. Unless the Court shortens time and except as otherwise specified in Civil Local Rule 7.1.e.6, any motion, application or notice of other matter requiring the Court's ruling, plus all necessary supporting documents, will require a minimum filing date of twenty-eight (28) days prior to the date for which the matter is noticed. (For example, the motion and supporting documents for a motion to be heard on a Monday must be filed and served no later than the fourth (4th) Monday prior to the Monday hearing. If the fourth Monday prior to the Monday hearing is a holiday, however, then the motion and supporting documents would be due five (5) Fridays before the hearing.)
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm whether CivLR 7.1.e.4's 3 mail days reach a CM/ECF filer who serves the motion by mail. The site applies them to any motion served by mail, which gives the earlier serve by date.
CivLR 7.1.e.2: Time for Filing Opposition
Computes a date: File and serve the opposition (CivLR 7.1.e.2), 14 days before the hearing. Offered on this page's calculator and on the motion calculator with S.D. Cal. chosen.
2. Time for Filing Opposition. Except as otherwise specified in Civil Local Rule 7.1.e.1, each party opposing a motion, application, or order to show cause must file that opposition or statement of non-opposition with the Clerk and serve the movant or the movant's attorney not later than fourteen (14) calendar days prior to the noticed hearing. For example, for a motion to be heard on a Monday, the opposition papers must be filed and served no later than two (2) Mondays prior to the noticed hearing. However, if the second Monday prior to the Monday hearing is a holiday, then the opposition papers must be filed and served no later than three (3) Fridays prior to the noticed hearing.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm whether CivLR 7.1.e.4's 3 mail days reach a CM/ECF filer who serves the opposition by mail. The site applies them to any opposition served by mail, which gives the earlier serve by date.
CivLR 7.1.e.3: Reply Memorandum of Points and Authorities
Computes a date: File and serve the reply (CivLR 7.1.e.3), 7 days before the hearing. Offered on this page's calculator and on the motion calculator with S.D. Cal. chosen.
3. Reply Memorandum of Points and Authorities. Except as otherwise specified in Civil Local Rule 7.1.e.1, any reply memorandum must be filed and served not later than seven (7) days prior to the date for which the matter is noticed. (For example, for a hearing, the reply papers must be filed and served no later than by the Monday prior to the hearing. If the Monday prior to the hearing is a holiday, however, then the reply papers would be due two (2) Fridays prior to the hearing.) See Fed. R. Civ. P. 6(e).
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm the reply served by mail, by leaving it with the clerk or by consented means. CivLR 7.1.e.4 does not list the 7 day period, and 7.1.e.3 ends with a cross reference to Rule 6(e), the former home of the 3 day rule. Does 'this section' in 7.1.e.4 reach the reply? The site shows the date without 3 days and, as the earliest, the date with 3 more days counted in Rule 6(d)'s order.
CivLR 7.1.e.4: Service of Motions and Opposition by Mail
A district setting the calculators use: Serving a motion or opposition by mail moves only its service date, 3 days earlier than the 28 or 14 day notice period; the filing date does not move. CivLR 7.1.e.4 speaks of parties who do not file through CM/ECF. This site applies the 3 days to any mailed motion or opposition: whether the rule reaches a CM/ECF filer who mails a paper is not settled, and the date shown is the earlier one either way. Rule 6(d) does not apply to those notice periods (CivLR 7.1.e.4).
4. Service of Motions and Opposition by Mail. For those parties not required or authorized by the Court to file and serve motions and oppositions electronically using the Case Management/Electronic Case Filing System, unless otherwise provided by order of the Court, the sixty (60), twenty-eight (28), and fourteen (14) day periods of notice set forth in Civil Local Rules 7.1.e.1, 7.1.e.2 and 7.1.e.6 are increased for purposes of mail service upon opposing parties of counsel by three (3) days. The extension of time for service does not extend court filing deadlines. Federal Rule of Civil Procedure 6(d), extending the time within which an act may or must, be done, does not apply to the notice periods governed by this section. Any motion, or opposition, and supporting documentation will not be accepted for filing unless accompanied by proof of service demonstrating either hand-delivery or compliance with this section's mailing provisions.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm the counting order for mail service under CivLR 7.1.e.4. The site counts the 31 or 17 days once and rolls back; the other reading counts 28 or 14 days, rolls back, then takes 3 more days off and rolls back again, and shows as the earliest date.
CivLR 7.1.e.5: Applications for Orders Shortening Time
A note on: File and serve the motion (CivLR 7.1.e.1).
The court can shorten these times. An application for an order shortening time is made ex parte, with a proposed order, and served on every opposing party (CivLR 7.1.e.5).
5. Applications for Orders Shortening Time. All applications for orders shortening time under these rules must be submitted ex parte, be accompanied by a proposed order, and be served on all opposing parties.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 7.1.e.7: Untimely Motions
A note on: File and serve the motion (CivLR 7.1.e.1), File and serve the opposition (CivLR 7.1.e.2), and File and serve the reply (CivLR 7.1.e.3).
The Clerk will not file a late motion or response without the consent of the judge assigned to the case (CivLR 7.1.e.7).
7. Untimely Motions. The Clerk's Office is directed not to file untimely motions and responses thereto without the consent of the judicial officer assigned to the case.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 7.1.f.2.a: Movant
A note on: File and serve the motion (CivLR 7.1.e.1).
The movant's evidence is served and filed with the motion, on the same day (CivLR 7.1.f.2.a). Under FRCP 6(c)(2), any affidavit supporting a motion must be served with the motion.
a) In addition to the affidavits required or permitted by Fed. R. Civ. P. 6(d) and 56, copies of all documentary evidence which the movant intends to submit in support of the motion, or other request for ruling by the Court, must be served and filed with the motion.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 7.1.f.2.b: Waiver
A note on: File and serve the motion (CivLR 7.1.e.1).
If the movant does not file a paper the local rules require, the court may treat the motion as waived (CivLR 7.1.f.2.b).
b) Waiver. A movant’s failure to file any papers required under the local rules may be deemed as a waiver of the motion, or other request for ruling by the Court.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 7.1.f.3.a: Opposing Party
A note on: File and serve the opposition (CivLR 7.1.e.2).
A party that does not oppose must still file a statement of non-opposition by the opposition date (CivLR 7.1.e.2, 7.1.f.3.a).
a) Unless otherwise provided by rule or court order, a party opposing a motion, or other request for ruling by the Court must file a written opposition. If such party chooses not to oppose the motion, the party must file a written statement that the party does not oppose the motion or other request for ruling by the Court.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 7.1.f.3.c: Waiver
A note on: File and serve the opposition (CivLR 7.1.e.2).
Missing the opposition date may be taken as consent to granting the motion. That is up to the court (CivLR 7.1.f.3.c).
c) Waiver: If an opposing party fails to file the papers in the manner required by Civil Local Rule 7.1.e.2, that failure may constitute a consent to the granting of a motion or other request for ruling by the Court.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 7.1.g.1: Withdrawal
A note on: File and serve the motion (CivLR 7.1.e.1).
A movant who will not go forward with a motion must tell opposing counsel and the judge as soon as possible (CivLR 7.1.g.1).
1. Withdrawal. Any movant who does not intend to proceed with a motion or other request for ruling by the Court must notify opposing counsel and the judge before whom the matter is pending as soon as possible.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 7.1.g.2: Continuances
A note on: File and serve the motion (CivLR 7.1.e.1), File and serve the opposition (CivLR 7.1.e.2), and File and serve the reply (CivLR 7.1.e.3).
Ask the judge to continue a noticed hearing as soon as possible, after asking the other side whether it agrees (CivLR 7.1.g.2).
2. Continuances. Any request for continuance of a noticed matter must be made as soon as possible to the judge to whom the matter is assigned. Prior to seeking such continuance, the party seeking the continuance must contact all opposing parties or their counsel to determine whether they would agree to such continuance.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 7.2.a-b: Stipulations/Joint Motions
Quoted, no date computed (no fixed period). A stipulation binds only once the judge approves it, and it is filed as a joint motion with no hearing date. No fixed period.
a. Except as otherwise provided, stipulations must be recognized as binding on the Court only when approved by the judge. b. Any stipulation for which court approval is sought must first be filed as a “joint motion.” Parties are not required to obtain a hearing date for the motion, and are not required to file a separate points and authorities or declaration unless required by the nature of the motion or requested by the assigned judicial officer.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 83.3.g.2: Ex Parte Motions and Orders
Quoted, no date computed (no fixed period). An ex parte motion needs notice a reasonable time before it is made, or a showing of why notice was not given. No fixed period.
2. A motion for an order must not be made ex parte unless it appears by affidavit or declaration (1) that within a reasonable time before the motion the party informed the opposing party or the opposing party's attorney when and where the motion would be made; or (2) that the party in good faith attempted to inform the opposing party and the opposing party's attorney but was unable to do so, specifying the efforts made to inform them; or (3) that for reasons specified the party should not be required to inform the opposing party or the opposing party's attorney.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Social Security
10 entries
CivLR 7.1.e.6.a: Applicability
A note on: File the certified administrative record (CivLR 7.1.e.6.d), File the plaintiff's merits brief (CivLR 7.1.e.6.e.1), File the Commissioner's opposition brief (CivLR 7.1.e.6.e.2), and File the plaintiff's reply brief (CivLR 7.1.e.6.e.3).
This schedule applies only to a single plaintiff's case against the Commissioner of Social Security that raises claims under 42 U.S.C. 405(g) alone; other cases follow the regular motion rules (CivLR 7.1.e.6.a).
a) Applicability. This rule will apply to actions for judicial review that are filed by a single plaintiff solely against the Commissioner of Society Security Administration, and that raise claims pursuant to 42 U.S.C. § 405(g) only.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 7.1.e.6.d: Response to Complaint
Computes a date: File the certified administrative record (CivLR 7.1.e.6.d), 60 days after the event. Offered on this page's calculator.
d) Response to Complaint. The certified administrative record filed by the Social Security Administration will suffice as the agency’s answer to the complaint, and will be due sixty (60) days after transmission of the Notice of Electronic Filing of the complaint, unless a motion to dismiss is filed.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm that the 60 day period CivLR 7.1.e.4 names is this one, though it runs from the Notice of Electronic Filing rather than from service, and how this row sits with Supplemental Rules 3 and 4(a). The filing date stays at 60 days in every reading; the site shows a serve by mail date at 63.
CivLR 7.1.e.6.e.1: Merits Briefing
Computes a date: File the plaintiff's merits brief (CivLR 7.1.e.6.e.1), 30 days after filing. Offered on this page's calculator.
1. Plaintiff’s merits brief will be due within 30 days of the filing of the administrative record.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm how the four Social Security rows sit with Supplemental Rules 4, 6, 7 and 8 under FRCP 83(a)(1). The site keeps the local date and, when an order on a Rule 4(c) motion is entered, shows Supplemental Rule 6's later date as the latest.
CivLR 7.1.e.6.e.2: Merits Briefing
Computes a date: File the Commissioner's opposition brief (CivLR 7.1.e.6.e.2), 30 days after service. Offered on this page's calculator.
2. The Social Security Administration’s opposition is due 30 days after service of the Plaintiff’s brief.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm whether CivLR 7.1.e.4's displacement of Rule 6(d) reaches this 30 day period, which 7.1.e.4 does not list, and whether Supplemental Rule 7, which sets the same 30 days after service, carries Rule 6(d) regardless. The site shows the date without 3 days and the date with them as the latest.
CivLR 7.1.e.6.e.3: Merits Briefing
Computes a date: File the plaintiff's reply brief (CivLR 7.1.e.6.e.3), 14 days after service. Offered on this page's calculator.
3. Plaintiff’s reply brief, if any, will be due 14 days after service of the defendant’s brief. No other briefs or motions are required to be filed for the Court to dispose of the case on its merits.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm that CivLR 7.1.e.4 reaches this 14 day period, the only one in 7.1.e.6. The filing date stays at 14 days in every reading; the site shows a serve by mail date at 17.
CivLR 7.1.e.6.f: Oral Argument
A note on: File the certified administrative record (CivLR 7.1.e.6.d), File the plaintiff's merits brief (CivLR 7.1.e.6.e.1), File the Commissioner's opposition brief (CivLR 7.1.e.6.e.2), and File the plaintiff's reply brief (CivLR 7.1.e.6.e.3).
No oral argument is held in these cases unless the court orders it (CivLR 7.1.e.6.f).
f) Oral Argument. No oral argument in cases that fall within the scope of this rule is authorized unless otherwise ordered by the Court.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 73.2.b.2: Consent to United States Magistrate Judges in Social Security Cases
A note on: Consent form must reach the Clerk (CivLR 73.2.b.4).
The United States must file any withdrawal of consent by the day it files the administrative record (CivLR 73.2.b.2).
2. Confirms that any withdrawal of consent by the United States must be filed no later than the date the United States files the administrative record;
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 73.2.b.4: Consent to United States Magistrate Judges in Social Security Cases
Computes a date: Consent form must reach the Clerk (CivLR 73.2.b.4), 21 days after the notice. Offered on this page's calculator.
4. Provides a consent/declination form for plaintiff to complete and advises plaintiff that the executed form must be received by the Clerk of Court within 21 days of the date of the notice;
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 73.2.c: Consent to United States Magistrate Judges in Social Security Cases
A note on: Consent form must reach the Clerk (CivLR 73.2.b.4).
If the plaintiff consents on time and the United States does not withdraw on time, the magistrate judge keeps the case for all purposes without an order of referral (CivLR 73.2.c).
c. If a plaintiff timely consents, and if the United States does not timely withdraw consent, the case will be deemed assigned to a Magistrate Judge for all purposes without the necessity of an order of referral. Plaintiff’s consent will be to Magistrate Judge jurisdiction generally, and consent will not be revoked if the case is subsequently transferred to the docket of a different Magistrate Judge.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 73.2.d: Consent to United States Magistrate Judges in Social Security Cases
A note on: Consent form must reach the Clerk (CivLR 73.2.b.4).
If the form arrives late, or the United States withdraws its consent on time, the case is reassigned at random to a district judge and referred back to the same magistrate judge (CivLR 73.2.d).
d. If a plaintiff does not timely consent, or if the United States timely withdraws its consent, the Clerk of Court will randomly reassign the case to a United States District Judge. Reassigned cases will be referred, pursuant to 28 U.S.C. § 636(b)(l)(B), without further order, to the same Magistrate Judge who was initially drawn to conduct preliminary proceedings, including all pretrial, non-dispositive matters, and to issue a Report and Recommendation to the assigned District Judge, unless the District Judge directs otherwise.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Judgments and costs
17 entries
CivLR 7.1.i.2: Applications for Reconsideration
Computes a date: Move for reconsideration (CivLR 7.1.i.2), 28 days after entry. Offered on the post-trial motion deadlines calculator with S.D. Cal. chosen.
2. Except as may be allowed under Rules 59 and 60 of the Federal Rules of Civil Procedure, any motion or application for reconsideration must be filed within twenty-eight (28) days after the entry of the ruling, order or judgment sought to be reconsidered.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 53.1: Civil Rule 53.1 Special Master Reports 28 U.S.C. § 636(b)(2)
Quoted, no date computed (no fixed period). Review of a special master's report follows Rule 53(f); the local rule adds no period.
Any party may seek review of, or action on, a special master’s report filed by a magistrate judge in accordance with the provisions of Rule 53(f) of the Fed. R. Civ. P.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 54.1.a: In General
Computes a date: File the bill of costs with a notice of hearing (CivLR 54.1.a), 14 days after entry. Offered on the post-trial motion deadlines calculator with S.D. Cal. chosen.
Within fourteen (14) days after entry of judgment, the party in whose favor a judgment for costs is awarded or allowed by law, and who claims costs, must file with the Clerk the bill of costs, together with a notice of when the Clerk will hear the application. Unless otherwise ordered by the Court, the filing of a motion under Fed. R. Civ. P. 59 or 60 does not extend the time to file the bill of costs.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 54.1.a: In General
Computes a date: Set the costs hearing before the Clerk (CivLR 54.1.a), 14 to 21 days after the notice. Offered on the post-trial motion deadlines calculator with S.D. Cal. chosen.
The notice must specify the hour and date when application to the Clerk to tax the costs will be made, which must not be less than fourteen (14) nor more than twenty-one (21) days from the date of the notice. Any opposition or memorandum by the opposing party must be filed at a time specified by the Clerk prior to the hearing indicated on the bill of costs.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm the window end on a closed day: the site rolls day 21 forward, as Rule 6(a)(1)(C) would, and shows the last open day on or before day 21 as the earliest end.
CivLR 54.1.g.1: Method of Taxation of Costs
A note on: Set the costs hearing before the Clerk (CivLR 54.1.a).
Objections to the bill of costs are due at the time the notice specifies (CivLR 54.1.g.1).
1. At the time specified in the notice, the party objecting to any item of costs contained in the bill of costs must file the objections in writing, specifying each item to which objection is made and the ground of the objection, and file any affidavit or present facts relied on which may be rebutted by the opposing party.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 54.1.g.3: Method of Taxation of Costs
A note on: Move to retax costs (CivLR 54.1.h.1).
The Clerk's taxation of costs is final unless it is changed on review under CivLR 54.1.h, a motion to retax (CivLR 54.1.g.3).
3. The taxation of costs made by the Clerk must be final, unless modified on review as provided in Local Rule 54.1.h.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 54.1.g.4: Method of Taxation of Costs
A note on: Move to retax costs (CivLR 54.1.h.1).
The Clerk gives notice of taxation by mailing a copy of the approved bill to all parties under Rule 5 (CivLR 54.1.g.4).
4. Notice of the Clerk’s taxation of costs must be given by mailing a copy of the bill as approved by the Clerk to all parties in accordance with Rule 5, Fed. R. Civ. P.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 54.1.g.5: Method of Taxation of Costs
A note on: Set the costs hearing before the Clerk (CivLR 54.1.a).
A notice of appeal does not stop costs from being taxed on the date set (CivLR 54.1.g.5).
5. Except as otherwise provided by law, costs will be taxed on the date set notwithstanding the fact that an appeal may have been filed.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 54.1.h.1: Review of Costs
Computes a date: Move to retax costs (CivLR 54.1.h.1), 7 days after receipt. Offered on the post-trial motion deadlines calculator with S.D. Cal. chosen.
1. A motion to retax must be served and filed within seven (7) days after receipt of the notice provided for in Civil Local Rule 54.1.g or unless within the seven (7) day period the Court permits the motion to be made orally.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm two points. The rule counts from receipt of a mailed notice, so the site leaves Rule 6(d)'s 3 days out of the date and adds them for the latest. And FRCP 54(d)(1)'s 7 days from the Clerk's action, when that date is entered, shows as the earliest.
CivLR 54.1.h.2: Review of Costs
Computes a date: File a cross-motion to retax (CivLR 54.1.h.2), 3 days after service. Offered on the post-trial motion deadlines calculator with S.D. Cal. chosen.
2. A motion to retax must particularly specify the ruling of the Clerk excepted to and no others will be considered at the hearing, except that the opposing party may, within (3) days of service if the motion to retax, file a cross-motion to retax.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 58.1: Civil Rule 58.1 Entry of Court-Issued Document
A note on: every period counted from entry of an order or judgment.
In S.D. Cal. filing an order or judgment in CM/ECF is its entry on the docket, and an order issued as a text-only docket entry, with no document attached, is official and binding (CivLR 58.1).
All orders, decrees, judgments, and proceedings of the Court will be filed in the Electronic Filing System, which will constitute entry on the docket kept by the Clerk under Fed. R. Civ. P. 58 and 79. Any order or other court-issued document filed electronically without the original signature of a judge or Clerk has the same force and effect as if the judge or Clerk had signed a paper copy of the order and it had been entered on the docket in a conventional manner. Orders may also be issued as “text-only” entries on the docket, without an attached document. Such orders are official and binding.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 65.1.2.f.1: Approval, Filing and Service
Quoted, no date computed (no fixed period). A copy of the bond and notice of its filing go to affected parties promptly. No fixed period.
1. Approval, Filing and Service. If eligible under Civil Local Rule 65.1.2, the bond or other security may be approved and filed by the Clerk. A copy of the bond or other security plus notice of filing must be served on all affected parties promptly.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 65.1.2.f.3: Execution
A note on: Automatic stay of execution (Rule 62(a)).
In S.D. Cal. execution may issue after 30 days from entry of judgment unless the Clerk has approved a bond, and Rule 62 still controls (CivLR 65.1.2.f.3).
3. Execution. Except where otherwise provided by Fed. R. Civ. P. 62, or order of the Court, execution may issue after thirty (30) days from entry of a judgment unless a bond or other security has been approved by the Clerk.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 65.1.2.g.1: The Judgment
Computes a date: Serve notice before a summary proceeding against sureties (CivLR 65.1.2.g.1), 28 days before the hearing. Offered on this page's calculator.
1. The Judgment. Every bond within the scope of Civil Local Rule 65.1.2 will contain the surety or sureties' consent that in case of the principal's, surety or sureties' default, upon notice of not less than twenty-eight (28) days the Court may proceed summarily and render judgment against them and award execution.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm that this notice period is read like FRCP 6(c): Rule 6(d) may or may not lengthen a period counted back from a hearing, so the site shows the date without 3 days and, as the earliest, the date with 3 more days counted in Rule 6(d)'s own order.
CivLR 67.1.d.1: Disbursement of Registry Funds
Quoted, no date computed (no fixed period). Registry funds are paid out only by order after the time to appeal ends, or on an approved stipulation. No fixed period.
1. Upon the entry of a judgment, funds, if any, on deposit in the registry of the Court will be disbursed only by order of the Court after the time for appeal has expired, or upon written stipulation by all parties approved by the Court.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 69.1.a: Civil Rule 69.1 Proceedings to Enforce Judgments (In District and Out of District)
Quoted, no date computed (no fixed period). Judgment debtor examinations are heard Wednesday mornings on the CVB calendar. No fixed period.
a. All motions for Judgment Debtor examinations made in connection with a civil or criminal judgment obtained in this district must be filed with the magistrate judge assigned to the case. All motions for Judgment Debtor examinations made in connection with an out-of-district judgment registered in this district must be filed with the magistrate judge handling CVB duty. All motions for Judgment Debtor examinations are heard weekly on Wednesday mornings on the CVB calendar.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 77.3: Civil Rule 77.3 Notice of Court Orders and Judgments
A note on: every period counted from entry of an order or judgment.
In S.D. Cal. the Notice of Electronic Filing is the notice of entry under Rule 77(d); a person not on CM/ECF gets notice on paper (CivLR 77.3).
Immediately upon the entry of an order or judgment in an action within the Electronic Filing System, the Clerk will transmit to filing users a Notice of Electronic Filing. Electronic transmission of the NEF constitutes the Notice required by Fed. R. Civ. P. 77(d). The Clerk must give notice in a paper form to a person who has not consented to electronic services in accordance with the Federal Rules of Civil Procedures.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Pretrial and trial
27 entries
CivLR 16.1.a.1: Application of this Rule
A note on: Scheduling order due (Rule 16(b)(2)) and Rule 26(f) conference, outer limit (Rule 26(f)(1)).
In S.D. Cal. the scheduling order's timing is adjusted around the early neutral evaluation conference, held within 45 days after an answer is filed (CivLR 16.1.a.1, 16.1.c.1).
1. Pretrial proceedings and setting of cases for trial must be governed by Fed. R. Civ. P. 16 and this rule, and by such orders as are issued pursuant thereto. The timing of the Federal Rule 16(b) scheduling order is adjusted to accommodate the Early Neutral Evaluation Conference, as allowed under Fed. R. Civ. P. 1.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 16.1.c.1: Early Neutral Evaluation (“ENE”) Conference
An informational target: Early neutral evaluation conference, target date (CivLR 16.1.c.1), 45 days after filing. The court sets this date; the calculator shows where the rule puts it. Offered on the discovery and pretrial deadlines calculator with S.D. Cal. chosen.
1. Within forty-five (45) days of the filing of an answer, counsel and the parties must appear before the assigned judge for an early neutral evaluation conference; this appearance must be made with complete authority to discuss and enter into settlement.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 16.1.c.1: Early Neutral Evaluation (“ENE”) Conference
A note on: Early neutral evaluation conference, target date (CivLR 16.1.c.1).
Before any answer is filed, a party may ask the judge in writing to hold an ENE, discovery or case management conference (CivLR 16.1.c.1).
At any time after the filing of a complaint and before an answer has been filed, counsel for any party may make a request in writing to the judge in the case to hold an ENE conference, discovery conference or status/case management conference. Copies of the request must be sent to counsel for the parties and the parties whose addresses are known to the requesting counsel. Upon receiving such request, the judge will examine the circumstances of the case and the reasons for the request and determine whether any such conference would assist in the reduction of expense and delay in the case. The judge will hold such conferences as he or she deems appropriate.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 16.1.c.2.a: Early Neutral Evaluation (“ENE”) Conference
Quoted, no date computed (an approximate time). Where the judge takes up arbitration or mediation at the ENE, the case management conference is set about 60 days after the ENE; 'approximately' makes it a target for the order, not a date to compute.
a) Discuss the parties’ willingness to agree to non-binding arbitration or mediation within forty-five (45) days (1) in any case where the judge believes arbitration or mediation might result in a cost-effective resolution of the lawsuit, or (2) in any case where the parties have indicated an interest in arbitration or mediation. Additionally, a case management conference will be set in these cases approximately sixty (60) days after the ENE conference.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm that CivLR 16.1.c.2.a stays a quoted record: its conference is set approximately 60 days after the ENE, so no date is computed.
CivLR 16.1.c.2.b: Early Neutral Evaluation (“ENE”) Conference
An informational target: Case management conference after the ENE, target date (CivLR 16.1.c.2.b), 30 days after the conference. The court sets this date; the calculator shows where the rule puts it. Offered on the discovery and pretrial deadlines calculator with S.D. Cal. chosen.
b) Where no arbitration or mediation is agreed upon, the judge must hold a case management conference within thirty (30) days after the ENE conference. The case management conference may be held at the conclusion of the ENE conference.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 16.1.d: Case Management Conference
Quoted, no date computed (no fixed period). Counsel discuss discovery a reasonable time before the case management conference. No fixed period.
d. Case Management Conference. The parties who have responsibility over the litigation and the counsel who is responsible for the case, will be present at the case management conference. The judicial officer may approve attendance of a party or counsel by telephonic conference call. At a reasonable time before this conference, all counsel will discuss discovery and endeavor to resolve any disputes.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 16.1.d.2: Case Management Conference
A note on: Scheduling order due (Rule 16(b)(2)), Rule 26(f) conference, outer limit (Rule 26(f)(1)), and Summary judgment motion, default limit (Rule 56(b)).
In S.D. Cal. the case management order, not a rule, sets the discovery schedule and the deadline for pretrial motions (CivLR 16.1.d.2).
2. At the end of the conference the judge must prepare a case management order which will: a) Include a discovery schedule. b) Set a time for a further case management conference, if necessary. c) If appropriate, set a time for the proponent of each issue to identify expert witnesses; set a time for the responding party to identify expert witnesses in reply; set a time for the depositions of experts; set a time for the supplementation of such expert designation depending on the circumstances. d) Set a deadline for filing pretrial motions. e) Set a date for a pretrial hearing before the district judge who will try the case. The date for such hearing will be approved by the trial judge.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 16.1.d.3.a-b: Setting of Dates
Quoted, no date computed (the judge sets the date). The trial date is set by the magistrate judge when the district judge directs, or by a senior district judge who keeps the case.
3. Setting of Dates. a) At the case management or pre-trial conference, a trial date will be set by the magistrate judge if directed by the district judge assigned to the case. b) Senior district judges who have not referred the case to a magistrate judge will set all dates themselves.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 16.1.d.3.c-d: Setting of Dates
A note on: Serve and file trial briefs and jury or bench trial papers, and exchange exhibits (CivLR 16.1.f.9) and Serve and file the memorandum of contentions of fact and law (CivLR 16.1.f.2.a).
The trial date is firm. A trial or motion date is continued only for good cause, and a trial date only by a written order the trial judge approves (CivLR 16.1.d.3.c-d).
c) The trial date must be firm and all requests for continuances of trial and motions dates will be granted only for good cause shown. d) No trial date will be continued except by written order approved by the trial judge.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 16.1.d.4
Quoted, no date computed (the judge sets the date). The judge sets the mandatory settlement conference date at the case management conference.
4. At the case management conference, the judge will set a date for a mandatory settlement conference unless it is determined that such a conference should be excused.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 16.1.e: Cases in which Early Neutral Evaluation (ENE) and Case Management Conferences are not Required
A note on: Early neutral evaluation conference, target date (CivLR 16.1.c.1) and Case management conference after the ENE, target date (CivLR 16.1.c.2.b).
The judge may skip the ENE and case management conferences in habeas, administrative review, Social Security, default, judgment enforcement and bankruptcy appeal cases, and where many defendants have not answered (CivLR 16.1.e).
e. Cases in which Early Neutral Evaluation (ENE) and Case Management Conferences are not Required. At the discretion of a judge assigned to the case, ENE and case management conferences need not be set in the following categories of cases: 1. Habeas Corpus cases 2. Cases reviewing administrative rulings 3. Social Security Cases 4. Default proceedings 5. Cases in which a substantial number of defendants have not answered 6. Actions to enforce judgments 7. Bankruptcy appeals
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm that the June 1, 2026 compiled CivLR 16.1.e omits the sentence on Section 1983 cases that General Order 748 proposed; the note follows the compiled text only.
CivLR 16.1.f.1.a: By Stipulation
A note on: Serve and file the memorandum of contentions of fact and law (CivLR 16.1.f.2.a), Meeting of counsel before the pretrial hearing (CivLR 16.1.f.4.a), Show or exchange exhibits at the meeting of counsel (CivLR 16.1.f.4.b), Give opposing counsel the proposed pretrial order (CivLR 16.1.f.6.a), and Lodge the pretrial order with chambers (CivLR 16.1.f.6.b).
For more time, the parties may submit a timely stipulation that gives their reasons, and it binds only once the judge approves it (CivLR 16.1.f.1.a, 7.2).
a) By Stipulation. If additional time is required in which to comply with this rule, the parties may contact the Court’s staff and submit a timely stipulation which sets forth the reasons for their request for a continuance.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 16.1.f.1.b: By Motion
Computes a date: Serve and file a motion to continue pretrial dates (CivLR 16.1.f.1.b), 7 days before the hearing. Offered on this page's calculator and on the motion calculator with S.D. Cal. chosen.
b) By Motion. If counsel is unable to obtain the stipulation provided by the Civil Local Rule 7.2 a motion to continue or to be relieved from compliance with any requirement of Civil Local Rule 7.1.g.1 may, upon seven (7) days written notice, be presented on the Court’s motion calendar.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm that this notice period is read like FRCP 6(c): Rule 6(d) may or may not lengthen a period counted back from a hearing, so the site shows the date without 3 days and, as the earliest, the date with 3 more days counted in Rule 6(d)'s own order.
CivLR 16.1.f.2.a: General
Computes a date: Serve and file the memorandum of contentions of fact and law (CivLR 16.1.f.2.a), 28 days before the hearing. Offered on the discovery and pretrial deadlines calculator with S.D. Cal. chosen.
a) General. Unless the Court specifies otherwise, no later than 5:00 p.m. twenty-eight (28) days prior to the pretrial hearing, each party must serve on each other party and file with the Clerk a "Memorandum of Contentions of Fact and Law" which contains a concise statement of the material facts and the points of law claimed by such party and cites the authorities upon which the party intends to rely at trial.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 16.1.f.3.d: Eminent Domain Cases
Computes a date: File the statement of comparable transactions in camera (CivLR 16.1.f.3.d), 7 days before the hearing. Offered on this page's calculator.
Not later than seven (7) days in advance of pretrial hearing, each party appearing must file with the trial judge in camera a summary "Statement of Comparable Transactions" which contains: relevant facts as to each sale or other transaction to be relied upon as comparable to the taking, including the alleged date of such transaction, the names of all of the parties to the transaction, the consideration paid and the date of recordation, and the book, page or other identification of any record of such transaction. Such statements must be in a form and content suitable to be presented to the jury as a summary of evidence on the subject. The judge may, thereafter, release the list of comparables to opposing counsel.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 16.1.f.3.d: Eminent Domain Cases
Computes a date: Serve and file the statement as to just compensation (CivLR 16.1.f.3.d), 7 days before trial. Offered on this page's calculator.
At least seven (7) days prior to trial each party appearing must serve and file a “Statement as to Just Compensation” setting forth a brief schedule of contentions as to the fair market value in cash, at the time of taking, of the estate or interest taken, the maximum amount of any benefit proximately resulting from the taking, and the amount of any claimed damage proximately resulting from severance.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 16.1.f.4.a: Timing and Purpose of Meeting
Computes a date: Meeting of counsel before the pretrial hearing (CivLR 16.1.f.4.a), 21 days before the hearing. Offered on the discovery and pretrial deadlines calculator with S.D. Cal. chosen.
a) Timing and Purpose of Meeting. At least twenty-one (21) days in advance of the pretrial hearing, and after each party has filed and served its memorandum of contentions of fact and law, the attorneys for the parties must convene at a suitable time and place. The purpose of the meeting is to arrive at stipulations and agreements resulting in simplification of the triable issues and to confer concerning the content of the pretrial order. Counsel for the plaintiff has the duty of arranging for meetings and for preparation of the Pretrial Order mandated by Civil Local Rule 16.1.f.6.c.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 16.1.f.4.b: Exchanges Between Counsel
Computes a date: Show or exchange exhibits at the meeting of counsel (CivLR 16.1.f.4.b), 21 days before the hearing. Offered on the discovery and pretrial deadlines calculator with S.D. Cal. chosen.
b) Exchanges Between Counsel. At the meeting, all exhibits other than those to be used for impeachment must be displayed or exchanged.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 16.1.f.4.d: Failure to Display and/or Exchange Exhibits
A note on: Show or exchange exhibits at the meeting of counsel (CivLR 16.1.f.4.b).
Exhibits not shown to or exchanged with opposing counsel by this date may be kept out of evidence (CivLR 16.1.f.4.d).
d) Failure to Display and/or Exchange Exhibits. Failure to display and/or exchange exhibits to or with opposing counsel will permit the Court to decline admission of same into evidence.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 16.1.f.5.d: Future Proceedings
Quoted, no date computed (the judge sets the date). At the pretrial hearing the court sets further meetings and, at the end, the trial date.
d) Future Proceedings. Future and additional pretrial meetings where required and, upon termination of the final pretrial hearing, the date upon which the case will be set for trial.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 16.1.f.6.a: Responsibility of Plaintiff’s Counsel
Computes a date: Give opposing counsel the proposed pretrial order (CivLR 16.1.f.6.a), 14 days before the hearing. Offered on the discovery and pretrial deadlines calculator with S.D. Cal. chosen.
a) Responsibility of Plaintiff’s Counsel. Counsel for the plaintiff will be responsible for preparing the pretrial order and arranging the meetings of counsel pursuant to this rule. Not less than fourteen (14) days in advance of the pretrial hearing, plaintiff’s counsel must provide opposing counsel with the proposed pretrial order for review and approval. Opposing counsel must communicate promptly with plaintiff’s attorney concerning any objections to form or content of the pretrial order, and both parties should attempt promptly to resolve their differences, if any, concerning the order.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 16.1.f.6.b: Lodging with the Judge’s Chambers
Computes a date: Lodge the pretrial order with chambers (CivLR 16.1.f.6.b), 7 days before the hearing. Offered on the discovery and pretrial deadlines calculator with S.D. Cal. chosen.
b) Lodging with the Judge’s Chambers. No later than seven (7) days prior to the pretrial hearing, plaintiff will lodge a Pretrial Order with the judge’s chambers.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 16.1.f.8: Penalties; Pretrial
A note on: Serve and file the memorandum of contentions of fact and law (CivLR 16.1.f.2.a), Meeting of counsel before the pretrial hearing (CivLR 16.1.f.4.a), Give opposing counsel the proposed pretrial order (CivLR 16.1.f.6.a), and Lodge the pretrial order with chambers (CivLR 16.1.f.6.b).
Missing a pretrial step can be treated as abandonment or a failure to prosecute or defend, and judgment may be entered on one issue or the whole case (CivLR 16.1.f.8).
8. Penalties; Pretrial. Failure of counsel for any party to appear before the Court at pretrial proceedings or to complete the necessary preparations therefor may be considered an abandonment or failure to prosecute or defend diligently, and judgment may be entered against the defaulting party either with respect to a specific issue or on the entire case.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 16.1.f.9: Preparations for Trial
Computes a date: Serve and file trial briefs and jury or bench trial papers, and exchange exhibits (CivLR 16.1.f.9), 7 days before trial. Offered on the discovery and pretrial deadlines calculator with S.D. Cal. chosen.
9. Preparations for Trial. Unless otherwise ordered, the parties must, not less than seven (7) calendar days prior to the date on which the trial is scheduled to commence: a) Serve and file briefs on all significant disputed issues of the law, including foreseeable procedural and evidentiary issues, setting forth briefly the party’s position and the supporting arguments and authorities. b) In jury cases, serve and file proposed voir dire questions, jury instructions and forms of verdict which must conform to Civil Local Rule 51.1; and in court cases, serve and file proposed findings of fact and conclusions of law. c) Exchange copies of all exhibits to be offered that were not already provided under Civil Local Rule 16.1.f.4.b and all schedules, summaries, diagrams and charts to be used at the trial other than for impeachment or rebuttal. Each proposed exhibit must be pre-marked for identification in a manner clearly distinguishing plaintiff’s from defendant’s exhibits. Upon request, a party must make the original or the underlying documents of any exhibit available for inspection and copying. Nothing in this rule will excuse a failure to comply in good faith with the time for exchanging exhibits under Civil Local Rule 16.1.f.4.b.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 16.3.g: Post-Verdict Settlement Conferences
Quoted, no date computed (no fixed period). A post-verdict settlement conference must be held before the judgment becomes final. No fixed period.
g. Post-Verdict Settlement Conferences. In the event that a civil case is tried before the Court or a jury and a verdict is returned, the trial judge may order the case referred to another judge or such other judge the parties mutually agree upon for the purpose of scheduling a settlement conference. The judge holding the settlement conference will immediately schedule the settlement conference and order the parties and counsel to be present, or by video conference in their discretion. This conference must be held before the judgment becomes final.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 47.1: Civil Rule 47.1 Examination of Jurors
A note on: Serve and file trial briefs and jury or bench trial papers, and exchange exhibits (CivLR 16.1.f.9).
Proposed voir dire questions are due with these trial papers; the judge examines the jurors (CivLR 47.1).
Unless otherwise ordered, the examination of trial jurors will be conducted by the judge. Counsel will submit any questions which they desire to be propounded to the jurors in accordance with Civil Local Rule 16.1.f.9.b.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 51.1.a: Filing
A note on: Serve and file trial briefs and jury or bench trial papers, and exchange exhibits (CivLR 16.1.f.9).
Jury instructions follow Rule 51, and the judge may take more requests until argument to the jury begins (CivLR 51.1.a).
a. Filing. Jury instructions must be filed in accordance with Rule 51, Fed. R. Civ. P. The judge may in the judge's discretion, receive additional requests for instructions at any time prior to the commencement of argument to the jury.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Discovery
3 entries
CivLR 26.1.a: Conference Required
Quoted, no date computed (no fixed period). Counsel must meet and confer before any discovery motion, in person if their offices are in the same county and by phone if not. No fixed period.
a. Conference Required. The Court will entertain no motion pursuant to Rules 26 through 37, Fed. R. Civ. P., unless counsel will have previously met and conferred concerning all disputed issues. If counsel for the moving party seeks to arrange such a conference and counsel for the party against whom the motion is made willfully refuses or fails to meet and confer, the judge (in absence of a prior order dispensing good cause with such a meeting) may order a payment of reasonable expenses, including attorney’s fees, pursuant to Rule 37, Fed. R. Civ. P. and Civil Local Rule 83.1. If counsel have offices in the same county, they are to meet in person. If counsel have offices in different counties, they are to confer by telephone. Under no circumstances may the parties satisfy the meet and confer requirement by exchanging written correspondence.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 26.1.b: Certificate of Compliance
Quoted, no date computed (due with another paper or event). The certificate of compliance is served and filed with the discovery motion; nothing is counted.
b. Certificate of Compliance. At the time of filing any motion with respect to Rules 26 through 37, Fed. R. Civ. P., counsel for the moving party must serve and file a certificate of compliance with this rule.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 26.1.c: Protective Order
Quoted, no date computed (no fixed period). A party facing a motion under Rule 37(a) or 45(d)(1) may notice a protective order motion for the same hearing. No fixed period.
c. Protective Order. Any party or non-party against whom a motion under Rule 37(a) or Rule 45(d)(1), Fed. R. Civ. P., is being made may notice for hearing at the same time a motion for protective order under Rule 26(c), Fed. R. Civ. P.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Related cases
8 entries
CivLR 40.1.f: Notice of Related Case, Duties of Counsel
Quoted, no date computed (no fixed period). Counsel must promptly file and serve a notice of related case, and the duty continues after filing. No fixed period.
f. Notice of Related Case, Duties of Counsel. Whenever counsel has reason to believe that a pending action or proceeding on file or about to be filed is related to another pending action or proceeding on file in this or any other federal or state court (whether pending, dismissed, or otherwise terminated), counsel must promptly file and serve on all known parties to each related action or proceeding a notice of related case, stating the title, number and filing date of each action or proceeding believed to be related, together with a detailed statement of their relationship and the reasons why assignment to a single district judge is or is not likely to effect a saving of judicial effort and other economies. The Clerk will promptly notify the Court of such filing. This is a continuing duty that applies not only when counsel files a case with knowledge of a related action or proceeding but also applies after the date of filing whenever counsel learns of a related action or proceeding.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 40.1.g: Objections to the Notice of Related Case
Computes a date: Object to a Notice of Related Case (CivLR 40.1.g), 7 days after receipt. Offered on this page's calculator.
g. Objections to the Notice of Related Case. Within seven (7) days of receiving service of a Notice of Related Case or seven (7) days of first appearing in the case, whichever is later, any party to the case may file and serve a detailed statement setting forth reasons that the case does not qualify as a related case under these rules.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm the service leg: the rule counts from receiving service of the notice, so the site leaves Rule 6(d)'s 3 days out of the date and adds them for the latest.
CivLR 40.1.g: Objections to the Notice of Related Case
Computes a date: Reply to an objection to a Notice of Related Case (CivLR 40.1.g), 7 days after filing. Offered on this page's calculator.
Any other party may file a reply within seven (7) days of the objection. The judges assigned to the cases identified by counsel as related will decide if the cases are related within seven (7) days after the response is due. If all of the judges agree that the appropriate criteria are met, a low number order will issue. Absent complete agreement by the judges assigned to the cases identified as related, no low number transfer will occur.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 40.1.h: Duties of Clerk
Quoted, no date computed (a duty of the court or the Clerk). The Clerk reports possibly related cases to the judges; no party deadline.
h. Duties of Clerk. Whenever it appears to the Clerk that any one or more of the above circumstances set forth in Civil Local Rule 40.1.e exist, it will be the duty of the Clerk to report the cases in question to the judges assigned to the involved cases at the earliest date practicable. If all of the judges agree that the appropriate criteria are met, the Clerk will issue a Notice of Related Case. Absent complete agreement by the judges assigned to the cases identified as related, no low number transfer will occur.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 40.1.i: Objections to the Notice of Related Case Issued under Part h
Computes a date: Object to a Notice of Related Case the Clerk issued (CivLR 40.1.i), 7 days after receipt. Offered on this page's calculator.
i. Objections to the Notice of Related Case Issued under Part h. Within seven (7) days of receiving service of a Notice of Related Case or seven (7) days of first appearing in the case, whichever is later, any party to the case may file and serve a detailed statement setting forth reasons that the case does not qualify as a related case under these rules.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm the service leg: the rule counts from receiving service of the notice, so the site leaves Rule 6(d)'s 3 days out of the date and adds them for the latest.
CivLR 40.1.i: Objections to the Notice of Related Case Issued under Part h
Computes a date: Reply to an objection to a Notice of Related Case the Clerk issued (CivLR 40.1.i), 7 days after filing. Offered on this page's calculator.
Any other party may file a reply within seven (7) days of the objection. The judges assigned to the cases identified by counsel as related will decide if the cases are related within seven (7) days after the response is due. If all of the judges agree that the appropriate criteria are met, a low number order will issue. Absent complete agreement by the judges assigned to the cases identified as related no low number transfer will occur.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 40.1.j: Assignments and Transfers
Quoted, no date computed (a duty of the court or the Clerk). Transfer orders for related cases are entered at the earliest practicable date; a court duty.
j. Assignments and Transfers. In order to avoid unnecessary duplication of judicial effort, all pending civil actions and proceedings, which are determined to be related to any other pending civil action or proceeding pursuant to the criteria set forth in Civil Local Rule 40.1.e will be assigned to the district and magistrate judge to whom the lowest numbered case was assigned, or the magistrate judge, if the parties consent, and the magistrate judge is handling the lower numbered case by consent. Orders for transfers of cases subject to this "low-numbered" rule must be made and entered at the earliest practicable date following commencement of the action or proceedings.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 40.1.l (interim, General Order 771): Related Immigration Habeas Petitions
A note on: Object to a Notice of Related Case (CivLR 40.1.g), Reply to an objection to a Notice of Related Case (CivLR 40.1.g), Object to a Notice of Related Case the Clerk issued (CivLR 40.1.i), and Reply to an objection to a Notice of Related Case the Clerk issued (CivLR 40.1.i).
For immigration habeas petitions under 28 U.S.C. 2241, the Clerk transfers related petitions without these 7 day objection and reply steps. This interim rule expires September 7, 2027 (CivLR 40.1.l, General Order 771).
l. Related Immigration Habeas Petitions. For purposes of this rule, an “Immigration Habeas Petition” means a petition for a writ of habeas corpus under 28 U.S.C. § 2241 that challenges immigration detention. Notwithstanding any other subsection of this rule, the Clerk must promptly transfer a higher-numbered Immigration Habeas Petition to the district judge and magistrate judge assigned to the lowest-numbered related Immigration Habeas Petition previously filed in this Court if either: 1. counsel files a Notice of Related Case identifying the petitions as related; or 2. the Clerk determines that the petitions were filed by the same individual. Under this subsection, a related lower-numbered Immigration Habeas Petition may be pending, dismissed, or otherwise terminated.
Read from a page image: the document has no text layer. The image was read a second time on October 5, 2026. An attorney's own second read of the image is still needed before this entry can be countersigned.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Second read needed: General Order 771 has no text layer and was read from page images. Read page 2 of the order and confirm the text of interim CivLR 40.1.l.
Receivers
8 entries
CivLR 66.1.a: Appointment of Receivers
Quoted, no date computed (no fixed period). A receiver may be sought once the complaint is filed and the summons issued. No fixed period.
a. Appointment of Receivers. Application for the appointment of a receiver may be made after the complaint has been filed and the summons issued.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 66.1.a.1: Temporary Receivers
Quoted, no date computed (no fixed period). A temporary receiver named without notice follows Rule 65(b), including its 14 day limit; the local rule adds no period.
1. Temporary Receivers. A temporary receiver may be appointed without notice to the party sought to be subjected to a receivership in accordance with the requirements and limitations of Rule 65(b), Fed. R. Civ. P.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 66.1.a.2: Permanent Receivers
Quoted, no date computed (the rule states no start). The defendant gives the creditor list within 7 days, but the rule does not say of what, so no date is computed.
The defendant must provide the temporary receiver (or, if there is no temporary receiver, the plaintiff) within seven (7) days a list of the defendant's creditors, and their addresses.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 66.1.a.2: Permanent Receivers
Computes a date: Mail notice of the hearing to creditors and file proof of mailing (CivLR 66.1.a.2), 7 days before the hearing. Offered on this page's calculator.
Not less than seven (7) days before the hearing, the temporary receiver (or, if none, the plaintiff) must mail to the creditors listed the notice of the hearing and file the proof of mailing.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm that this notice period is read like FRCP 6(c): Rule 6(d) may or may not lengthen a period counted back from a hearing, so the site shows the date without 3 days and, as the earliest, the date with 3 more days counted in Rule 6(d)'s own order.
CivLR 66.1.d: Deposit of Funds
Quoted, no date computed (no fixed period). The receiver delivers a statement of account to the Clerk at the end of each month.
d. Deposit of Funds. A receiver must deposit all funds received in a depository designated by a judge, entitling the account with the name and number of the action. At the end of each month, the receiver must deliver to the Clerk a statement of account and the canceled checks.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 66.1.e: Reports
Computes a date: File the receiver's report and petition for instructions (CivLR 66.1.e), 30 days after the appointment. Offered on this page's calculator.
e. Reports. Within thirty (30) days of appointment, a permanent receiver must file with the Court a verified report and petition for instructions, which must be heard on fourteen (14) days’ notice to all known creditors and parties. The report must contain a summary of the operations of the receiver, an inventory of the assets and their appraised value, a schedule of all receipts and disbursements, and a list of all creditors, their addresses and the amounts of their claims. The petition must contain the receiver’s recommendation as to the continuance of the receivership and the receiver’s reasons. At the hearing, the judge will determine whether the receivership should be continued and, if so, will fix the time for future reports of the receiver.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 66.1.e: Reports
Computes a date: Give notice of the hearing on the receiver's report (CivLR 66.1.e), 14 days before the hearing. Offered on this page's calculator.
e. Reports. Within thirty (30) days of appointment, a permanent receiver must file with the Court a verified report and petition for instructions, which must be heard on fourteen (14) days’ notice to all known creditors and parties.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm that this notice period is read like FRCP 6(c): Rule 6(d) may or may not lengthen a period counted back from a hearing, so the site shows the date without 3 days and, as the earliest, the date with 3 more days counted in Rule 6(d)'s own order.
CivLR 66.1.f: Notice of Hearings
Computes a date: Give notice of a receivership hearing (CivLR 66.1.f), 14 days before the hearing. Offered on this page's calculator.
f. Notice of Hearings. The receiver must give all interested parties at least fourteen (14) days’ notice of the time and place of all pertinent hearings of all: 1. Petitions for the payment of dividends to creditors; 2. Petitions for confirmation of sales of property; 3. Reports of the receiver; 4. Applications for fees of the receiver or of any attorney, accountant or investigator, the notice to state the services performed and the fee requested; or 5. Applications for discharge of the receiver.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm that this notice period is read like FRCP 6(c): Rule 6(d) may or may not lengthen a period counted back from a hearing, so the site shows the date without 3 days and, as the earliest, the date with 3 more days counted in Rule 6(d)'s own order.
Magistrate judges
3 entries
CivLR 72.2.g: Notice of Hearing
A note on: Objections to a magistrate judge's nondispositive order (Rule 72(a)).
In S.D. Cal. a magistrate judge assigned a matter sets the hearing time and notifies the parties under the local rules (CivLR 72.2.g).
g. Notice of Hearing. A magistrate judge assigned a matter must set the time of hearing, notify all parties and make any further necessary orders consistent with the requirements of the Local Rules of Court for the Southern District.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR 72.3.f
A note on: Objections to a recommended disposition (Rule 72(b)(2)).
In S.D. Cal. Section 1983 prisoner cases, the magistrate judge sets the dates for written objections when filing findings and recommendations (CivLR 72.3.f).
f. All hearing dates for any pretrial matter excepted by 28 U.S.C. § 636(b)(1)(A) must be obtained from the law clerk of the magistrate judge to whom the case has been referred either on a consent basis pursuant to 28 U.S.C. § 636(c), or for proposed findings of fact and recommendations for the disposition by the assigned district judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 7.1. Unless all parties have consented, or the district judge deems them unnecessary, the magistrate judge will file his or her findings and recommendations with the Court and set dates for the filing of written objections pursuant to 28 U.S.C. § 636(b)(1). Written objections, if any, must be directed to the district judge assigned to the case pursuant to 28 U.S.C. § 636(b)(1)(C).
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm the wording that replaces the phase 1 sentence: CivLR 72.3.f governs Section 1983 prisoner cases, and the magistrate judge sets the objection dates.
CivLR 72.3.g
Quoted, no date computed (no fixed period). Section 1983 prisoner cases get a case management conference as soon as practicable after the first answer. No fixed period.
g. All cases will be set for a Case Management Conference as soon as practicable following the filing of the first answer. Early Neutral Evaluation Conferences will be set in these matters pursuant to Local Civil Rule 16.1c. Settlement conferences may be set when the case is determined ready for settlement by a judicial officer.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Clerk's office
1 entry
CivLR 77.1: Civil Rule 77.1 Location and Hours of the Clerk
A district setting the calculators use: Paper filings are taken at the Clerk's counter until 4:30 p.m., and papers left in the courthouse drop box before 6:00 p.m. on a weekday that is not a court holiday get that day's date. Electronic filing stays open (CivLR 77.1).
The Office of the Clerk of this Court will be in the James M. Carter and Judith N. Keep United States Courthouse (“Carter-Keep Courthouse”) at 333 W. Broadway, San Diego. While the court is always considered open to file papers electronically, see Fed.R.Civ.P.77(a), the Office of the Clerk will be physically open to the bar and public between the hours of 8:30 a.m. and 4:30 p.m. each day except Saturdays, Sundays and court holidays. A drop-off box for filings and pleadings will be available at the 4th Floor of the Carter-Keep Courthouse at 333 W. Broadway, outside Room 420. Documents deposited in the drop-off box must be in a sealed envelope. Filings and pleadings deposited in the drop-off box prior to 6:00 p.m., Monday through Friday, except court holidays, will reflect the date of deposit. The Carter-Keep Courthouse closes promptly at 6:00 p.m., Monday through Friday, and is closed all day on weekends and court holidays. Matters requiring immediate judicial attention should never be placed in the drop-off box.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Habeas
3 entries
CivLR HC.2.c.1: Procedures for Considering the Petition
A note on: Oppose a request for an evidentiary hearing in a 2254 case (CivLR HC.2.c.2).
Ask for more time in writing before the period runs out, show good cause, and serve the request with a proof of service (CivLR HC.2.c.1).
1. Written requests for enlargement must be made before the expiration of the time period to be extended and must show good cause for the extension. The request for an enlargement of time must be served on the opposing party and a proof of service filed.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR HC.2.c.2: Procedures for Considering the Petition
Computes a date: Oppose a request for an evidentiary hearing in a 2254 case (CivLR HC.2.c.2), 14 days after service. Offered on this page's calculator.
2. To assist the Court in exercising its duties under Rule 8 of the rules governing § 2254 cases, a party may make a request for an evidentiary hearing. The request must include a specification of which factual issues require a hearing and a summary of the evidence the party proposes to offer. Any opposition to the request for an evidentiary hearing must be made within fourteen (14) days from the service of the request.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR HC.2.e.1: Dispositive Rulings on the Merits
A note on: Objections to a recommended disposition (Rule 72(b)(2)).
In S.D. Cal. habeas cases under 28 U.S.C. 2254, the report and recommendation sets the time for objections, not less than fourteen days (CivLR HC.2.e.1).
1. In accordance with Civil Local Rule 72.1 and 28 U.S.C. § 636(b), the magistrate judge must submit to a district judge proposed findings of fact and recommendations for disposition. The magistrate judge must file proposed findings and recommendations with the Court and a copy must be mailed to all parties. Within the time period set forth in the magistrate judge’s report and recommendation, but not less than fourteen (14) days, any party may serve and file written objections to the proposed findings and recommendations by timely filing an original and one (1) copy of the objections and a proof of service showing that the objections were served on the opposing party. The district judge must make a de novo determination of those portions of the report or specified proposed findings or recommendations to which an objection is made. A district judge may accept, reject, seek clarification or modify in whole or in part any findings or recommendations made by the magistrate judge.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm the wording that replaces the phase 1 sentence: in 2254 cases the report and recommendation sets the objection time, at least 14 days.
Capital habeas
14 entries
CivLR HC.3.b.1: Notices from California Attorney General
Quoted, no date computed (a duty that arises outside a pending case). The Attorney General notifies the Clerk and the Chief Judge within 7 days after an execution date is set. The duty arises whether or not a federal case is pending, so it is quoted, not computed.
1. Report Upon Setting of Execution Date. Whenever an execution date is set, the California Attorney General must send prompt notice to the Clerk of this Court and Chief Judge of this District Court, within seven (7) days; and
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR HC.3.f: Transfer of Venue
Quoted, no date computed (a length of time, not a deadline). A stay of execution that lasts until the transferee court acts; not a party deadline.
If an order for the transfer of venue is made, the judge will order a stay of execution which must continue until such time as the transferee court acts upon the petition or the order of stay.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR HC.3.g.1: Stays of Execution
Quoted, no date computed (a length of time, not a deadline). A stay of execution from the filing of the petition until final disposition; not a party deadline.
1. Stay Pending Final Disposition. Upon the filing of a habeas corpus petition, unless the petition is patently frivolous, the District Court must issue a stay of execution pending final disposition of the matter.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR HC.3.g.2: Stays of Execution
Quoted, no date computed (a length of time, not a deadline). A temporary stay that lasts 45 days unless extended; not a party deadline.
2. Temporary Stay for Appointment of Counsel. Where counsel in State Court proceedings withdraws at the conclusion of the State Court proceedings or is otherwise not available to assist, the Federal Defender will assist an indigent petitioner in filing pro se applications for appointment of counsel and for temporary stay of execution. Upon the filing of this application the District Court must issue a temporary stay of execution and appoint counsel as outlined the CJA Plan, Appendix D and HC.3(d)(1). The temporary stay will remain in effect for forty-five (45) days unless extended by the Court.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR HC.3.g.3: Stays of Execution
Quoted, no date computed (a length of time, not a deadline). A temporary stay of 120 days for new counsel to prepare the petition; not a party deadline.
3. Temporary Stay for Preparation of the Petition. Where counsel new to the case is appointed, upon counsel's application for a temporary stay of execution accompanied by a specification of nonfrivolous issues to be raised in the petition, the District Court must issue a temporary stay of execution unless no nonfrivolous issues are presented. The temporary stay will remain in effect for one hundred twenty (120) days to allow newly appointed counsel to prepare and file the petition. The temporary stay may be extended by the Court upon a subsequent showing of good cause.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR HC.3.g.5: Stays of Execution
Quoted, no date computed (a length of time, not a deadline). A 30 day period the court may grant to start state court litigation; the order fixes when it starts.
5. Temporary Stay for Unexhausted Claims. If the petition indicates that there are unexhausted claims from which the State Court remedy is still available, petitioner may be granted a thirty (30) day period in which to commence litigation on the unexhausted claims in State Court. During the proceedings in State Court, the proceedings on the petition will be stayed. After the State Court proceedings have been completed, petitioner may amend the petition with respect to the newly exhausted claims.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR HC.3.g.6: Stays of Execution
Quoted, no date computed (a length of time, not a deadline). A stay of execution pending appeal; not a party deadline.
6. Stay Pending Appeal. If the petition is denied and a certificate of probable cause for appeal is issued, the Court will grant a stay of execution which will continue in effect until the Court of Appeals acts upon the appeal of the order of stay.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR HC.3.h: Procedures for Considering the Petition
A note on: Lodge the record materials in a capital habeas case (CivLR HC.3.h.1), Answer a capital habeas petition (CivLR HC.3.h.3), Request an evidentiary hearing in a capital habeas case (CivLR HC.3.h.5), and Oppose a request for an evidentiary hearing in a capital habeas case (CivLR HC.3.h.5).
These capital habeas times apply only if the petition is not summarily dismissed, the judge may change them, and a request for more time follows the local rules (CivLR HC.3.h).
h. Procedures for Considering the Petition. Unless the judge summarily dismisses the petition under Rule 4 of the Rules Governing § 2254 Cases, the following schedule and procedures must apply, subject to modification by the judge. Requests for enlargement of any time period in this rule must comply with the applicable local rules of the Court.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR HC.3.h.1: Procedures for Considering the Petition
Computes a date: Lodge the record materials in a capital habeas case (CivLR HC.3.h.1), 21 days after service. Offered on this page's calculator.
1. Respondent must as soon as practicable, but in any event on or before twenty-one (21) days from the date of service of the petition, lodge with the Court the following:
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm the petition service trigger: the petition is served under the Rules Governing Section 2254 Cases, not Rule 5(b), so the site leaves Rule 6(d)'s 3 days out of the date and adds them for the latest.
CivLR HC.3.h.1: Procedures for Considering the Petition
A note on: Lodge the record materials in a capital habeas case (CivLR HC.3.h.1).
If any required item is not available, the respondent must say when, if ever, it can be filed (CivLR HC.3.h.1).
If any items identified in paragraphs (A) through (D) above are not available, respondent must state when, if at all, such missing material can be filed.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR HC.3.h.2: Procedures for Considering the Petition
A note on: Lodge the record materials in a capital habeas case (CivLR HC.3.h.1).
If the lodging is incomplete, petitioner's counsel must tell the court in writing right away, with a copy to the respondent (CivLR HC.3.h.2).
2. If counsel for petitioner claims that respondent has not complied with the requirements of paragraph (a), or if counsel for petitioner does not have copies of all the documents lodged with the Court by respondent, counsel for petitioner must immediately notify the Court in writing, with a copy to respondent. Copies of any missing documents will be provided to counsel for petitioner by the Court.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR HC.3.h.3: Procedures for Considering the Petition
Computes a date: Answer a capital habeas petition (CivLR HC.3.h.3), 30 days after service. Offered on this page's calculator.
3. Respondent must file an answer to the petition with accompanying points and authorities within thirty (30) days from the date of service of the petition. Respondent must include in the answer the matters defined in Rule 5 of the Rules Governing § 2254 Cases and must attach any other relevant documents not already filed.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm the petition service trigger: the petition is served under the Rules Governing Section 2254 Cases, not Rule 5(b), so the site leaves Rule 6(d)'s 3 days out of the date and adds them for the latest.
CivLR HC.3.h.5: Procedures for Considering the Petition
Computes a date: Request an evidentiary hearing in a capital habeas case (CivLR HC.3.h.5), 14 days after filing. Offered on this page's calculator.
5. Unless extended by the Court at any time, a request for an evidentiary hearing by either party must be made within fourteen (14) days from the filing of the answer to the petition. The request must include specification of which factual issues require a hearing and a summary of what evidence petitioner proposes to offer.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
CivLR HC.3.h.5: Procedures for Considering the Petition
Computes a date: Oppose a request for an evidentiary hearing in a capital habeas case (CivLR HC.3.h.5), 14 days after filing. Offered on this page's calculator.
Any opposition to the request for an evidentiary hearing must be made within fourteen (14) days from the filing of the request. The Court will then give due consideration to whether an evidentiary hearing will be held.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent
38 entries
Patent L.R. 1.2: Effective Date
A note on: every patent rule row.
The Patent Local Rules took effect January 2, 2025 and apply to cases filed after that date (Patent L.R. 1.2).
1.2 Effective Date. These Patent Local Rules take effect on January 2, 2025, and will apply to any case filed thereafter.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 1.3: Scope and Construction
A note on: every patent rule row.
The court may shorten, extend, drop or change any patent deadline in a particular case (Patent L.R. 1.3).
1.3 Scope and Construction. These Patent Local Rules apply to all civil actions filed in or transferred to this court which allege infringement of a utility patent in a complaint, counterclaim, crossclaim or third-party claim, or which seek a declaratory judgment that a utility patent is not infringed, is invalid or is unenforceable. The Court may accelerate, extend eliminate, or modify the obligations or deadlines set forth in these Patent Local Rules based on the Court’s schedule or the circumstances of any particular case, including, without limitation, the complexity of the case or the number of patents, claims, products, or parties involved. If any motion filed prior to the Claim Construction Hearing provided for in Patent L.R. 4.5 raises claim construction issues, the Court may, for good cause shown, defer the motion until after completion of the disclosures, filings, or ruling following the Claim Construction Hearing. The Civil Local Rules of this court also apply to these actions, except to the extent they are inconsistent with these Patent Local Rules.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 1.4: Application of Rules When No Specified Triggering Event
Quoted, no date computed (no fixed period). A party tells the magistrate judge as soon as it sees that the patent rules should apply. No fixed period.
1.4 Application of Rules When No Specified Triggering Event. If the filings or actions in a case do not trigger the application of these Patent Local Rules, as soon as any party ascertains that circumstances exist to make applications of these Patent Local Rules appropriate to the case, that party should notify the assigned magistrate judge so the matter may be scheduled for a Case Management Conference.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 2.1.a: Early Neutral Evaluation (“ENE”) Conference
An informational target: Patent ENE conference, target date (Patent L.R. 2.1.a), 60 days after the appearance. The court sets this date; the calculator shows where the rule puts it. Offered on this page's calculator.
a. Early Neutral Evaluation (“ENE”) Conference. Within sixty (60) days of a defendant making its first appearance in the case, counsel and the parties will appear before the assigned magistrate judge for an ENE conference pursuant to Civ. L.R. 16.1.c.1.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 2.1.a: Early Neutral Evaluation (“ENE”) Conference
Computes a date: Rule 26(f) conference in a patent case (Patent L.R. 2.1.a), 21 days before the conference. Offered on this page's calculator.
No later than twenty-one (21) days before the ENE, the parties will meet and confer pursuant to Fed. R. Civ. P. 26(f).
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 2.1.a: Early Neutral Evaluation (“ENE”) Conference
A note on: Serve infringement contentions (Patent L.R. 3.1) and Serve invalidity contentions in a declaratory judgment case (Patent L.R. 3.5.a).
If the ENE does not settle the case, the magistrate judge goes on to the Initial Case Management Conference (Patent L.R. 2.1.a), so these periods then run from the ENE date.
If no settlement is reached at the ENE Conference, the magistrate judge will proceed with the Initial Case Management Conference. At the end of the conference, the magistrate judge must prepare a case management order which will include:
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 2.1.a.2: Early Neutral Evaluation (“ENE”) Conference
An informational target: Claim construction hearing, target date (Patent L.R. 2.1.a.2), 9 months after the appearance. The court sets this date; the calculator shows where the rule puts it. Offered on this page's calculator.
2. A date for the Claim Construction Hearing within nine (9) months of the date of a defendant’s first appearance;
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 2.1.a.3: Early Neutral Evaluation (“ENE”) Conference
Quoted, no date computed (the judge sets the date). The case management order sets a trial date within 18 or 24 months of the complaint, if practicable; a target, not a deadline.
3. A trial date within eighteen (18) months of the date the complaint was filed, if practicable, for “standard” cases (defined as typically having one or two defendants and one or two patents); and, within twenty-four (24) months for complex cases, if practicable;
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 2.1.b.1: Initial Case Management Conference
A note on: Rule 26(f) conference in a patent case (Patent L.R. 2.1.a).
The joint discovery plan from this conference must address any proposed change to the patent deadlines and its effect on the claim construction hearing (Patent L.R. 2.1.b.1).
b. Initial Case Management Conference. When the parties confer with each other pursuant to Fed. R. Civ. P. 26(f), in addition to matters covered by Fed. R. Civ. P. 26, the parties must discuss and address in the Joint Discovery Plan filed pursuant to Fed. R. Civ. P. 26(f), the following topics: 1. Proposed modification of the deadlines provided for in these Patent Local Rules, and the effect of any such modification on the date and time of the Claim Construction Hearing, if any;
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 2.1.c.2: Settlement Conferences
Computes a date: Propose a change to settlement conference attendance (Patent L.R. 2.1.c.2), 21 days before the conference. Offered on this page's calculator.
2. When ordered to appear, each party, claims adjusters for insured defendants, in addition to any other representatives with “full authority” to enter into a binding settlement, as well as the principal attorney(s) responsible for the litigation, must be present and legally and factually prepared to discuss and resolve the case at the Settlement Conference. Any variation from this Rule or special arrangements desired in cases must be proposed no later than twenty-one (21) days in advance of the settlement conference to the settlement judge.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 2.1.c.4: Settlement Conferences
Computes a date: Designate who will attend with settlement authority (Patent L.R. 2.1.c.4), 14 days before the conference. Offered on this page's calculator.
4. No later than fourteen (14) days before the settlement conference, each party will designate in writing to all other parties, the person(s) and their title(s) or position(s) with the party who will attend and have settlement authority at the conference.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm that this notice period is read like FRCP 6(c): Rule 6(d) may or may not lengthen a period counted back from a hearing, so the site shows the date without 3 days and, as the earliest, the date with 3 more days counted in Rule 6(d)'s own order.
Patent L.R. 2.2: Confidentiality
Computes a date: Disclose an in-house attorney before sharing confidential material (Patent L.R. 2.2), 5 days the court is open before the disclosure. Offered on this page's calculator.
If a party is not represented by an outside attorney, disclosure of the confidential document or information will be limited to a designated “in-house” attorney, whose identity and job functions will be disclosed to the producing party five (5) court days prior to any such disclosure.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm the unit Patent L.R. 2.2 counts: the site counts days the court is open, skipping weekends, federal legal holidays and the court's posted holidays, while a California holiday on which the court sits counts.
Patent L.R. 2.5: Relationship to Federal Rules of Civil Procedure
Quoted, no date computed (no fixed period). A proper objection that a request is premature moves the answer to the date the patent rules set for that information.
Where a party properly objects to a discovery request as set forth above, that party must provide the requested information on the date on which it is required to provide, the requested information to an opposing party under these Patent Local Rules, unless another legitimate ground for objection exists.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 3.1: Disclosure of Asserted Claims and Infringement Contentions
Computes a date: Serve infringement contentions (Patent L.R. 3.1), 14 days after the conference. Offered on this page's calculator.
Not later than fourteen (14) days after the Initial Case Management Conference, a party claiming patent infringement must serve on all parties a “Disclosure of Asserted Claims and Infringement Contentions.” Separately for each opposing party, the “Disclosure of Asserted Claims and Infringement Contentions” must contain the following information:
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm that the Patent L.R. 3.2 document production stays inside this row's quotation and is not computed, while 4.1.b and 4.1.d are notes.
Patent L.R. 3.3: Invalidity Contentions
Computes a date: Serve invalidity contentions (Patent L.R. 3.3), 60 days after service. Offered on this page's calculator.
Not later than sixty (60) days after service upon it of the “Disclosure of Asserted Claims and Infringement Contentions,” each party opposing a claim of patent infringement must serve on all parties its Invalidity Contentions, which must contain the following information:
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm that the Patent L.R. 3.4 document production stays inside this row's quotation and is not computed, while 4.1.b and 4.1.d are notes.
Patent L.R. 3.5.a: Invalidity Contentions if No Claim of Infringement
Computes a date: Serve invalidity contentions in a declaratory judgment case (Patent L.R. 3.5.a), 14 days after the conference. Offered on this page's calculator.
a. Invalidity Contentions if No Claim of Infringement. In all cases in which a party files a complaint or other pleading seeking a declaratory judgment that a patent is not infringed, is invalid, or is unenforceable, Patent Local Rules 3.1 and 3.2 will not apply unless and until a claim for patent infringement is made by a party. If the defendant does not assert a claim for patent infringement in answer to the complaint, no later than fourteen (14) days after the Initial Case Management Conference the party seeking a declaratory judgment must serve upon each opposing party Invalidity Contentions that conform to Patent L.R. 3.3 and produce or make available for inspection and copying the documents described in Patent L.R. 3.4.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 3.5.b: Inapplicability of Rule
A note on: Serve invalidity contentions in a declaratory judgment case (Patent L.R. 3.5.a).
This schedule does not apply when the request for declaratory relief answers a complaint for infringement of the same patent (Patent L.R. 3.5.b).
b. Inapplicability of Rule. This Patent L.R. 3.5 does not apply to cases in which a request for declaratory judgment that a patent is not infringed, is invalid, or is unenforceable, is filed in response to a complaint for infringement of the same patent.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 3.6.a: Amended and Final Contentions
Quoted, no date computed (due with another paper or event). Amended infringement contentions may be served as of right until the joint claim construction chart is filed; nothing is counted.
a. As a matter of right, a party asserting infringement may serve Amended Infringement Contentions no later than the filing of the parties’ Joint Claim Construction Chart. Thereafter, absent undue prejudice to the opposing party, a party asserting infringement may only amend its infringement contentions:
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 3.6.a.1: Amended and Final Contentions
Computes a date: Amend infringement contentions after the claim construction ruling (Patent L.R. 3.6.a.1), 30 days after service. Offered on this page's calculator.
1. If, not later than thirty (30) days after service of the Court’s Claim Construction Ruling, the party asserting infringement believes in good faith that amendment is necessitated by a claim construction that differs from that proposed by such party; or
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 3.6.a.2: Amended and Final Contentions
A note on: Amend infringement contentions after the claim construction ruling (Patent L.R. 3.6.a.1).
Outside this window, infringement contentions can be amended only on a timely motion showing good cause (Patent L.R. 3.6.a.2).
2. Upon a timely motion showing good cause.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 3.6.b: Amended and Final Contentions
Quoted, no date computed (due with another paper or event). Amended invalidity contentions may be served as of right until claim construction discovery closes; nothing is counted.
b. As a matter of right, a party opposing a claim of patent infringement may serve Amended Invalidity Contentions no later than the completion of claim construction discovery. Thereafter, absent undue prejudice to the opposing party, a party opposing infringement may only amend its validity contentions:
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 3.6.b.1: Amended and Final Contentions
A note on: Amend invalidity contentions after the claim construction ruling (Patent L.R. 3.6.b.2).
Amended infringement contentions also open a right to amend invalidity contentions if the accused infringer believes in good faith they require it; no period is stated (Patent L.R. 3.6.b.1).
1. If a party claiming patent infringement has served Amended Infringement Contentions, and the party opposing a claim of patent infringement believes in good faith that the Amended Infringement Contentions so require;
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 3.6.b.2: Amended and Final Contentions
Computes a date: Amend invalidity contentions after the claim construction ruling (Patent L.R. 3.6.b.2), 50 days after service. Offered on this page's calculator.
2. If, not later than fifty (50) days after service of the Court’s Claim Construction Ruling, the party opposing infringement believes in good faith that amendment is necessitated by a claim construction that differs from that proposed by such party; or
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 3.6.b.3: Amended and Final Contentions
A note on: Amend invalidity contentions after the claim construction ruling (Patent L.R. 3.6.b.2).
Outside this window, invalidity contentions can be amended only on a timely motion showing good cause (Patent L.R. 3.6.b.3).
3. Upon a timely motion showing good cause.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 3.7: Advice of Counsel
Computes a date: Disclose advice of counsel (Patent L.R. 3.7), 30 days after filing. Offered on this page's calculator.
Not later than thirty (30) days after filing of the Claim Construction Order, each party relying upon advice of counsel as part of a patent-related claim or defense for any reason must:
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 3.7: Advice of Counsel
A note on: Disclose advice of counsel (Patent L.R. 3.7).
Missing this date bars reliance on advice of counsel for any purpose unless all parties stipulate or the court finds good cause (Patent L.R. 3.7).
A party who does not comply with the requirements of Patent L.R. 3.7 will not be permitted to rely on advice of counsel for any purpose, absent a stipulation of all parties or by order of the Court, which will be entered only upon showing of good cause.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 4.1.a: Exchange of Preliminary Claim Construction and Extrinsic Evidence
Computes a date: Exchange preliminary claim constructions (Patent L.R. 4.1.a), 14 days after service. Offered on this page's calculator.
a. Not later than fourteen (14) days after the service of the Invalidity Contentions pursuant to Patent L.R. 3.3, the parties will simultaneously exchange a preliminary proposed construction of each claim term, phrase, or clause which the parties have identified for claim construction purposes. Each such Preliminary Claim Constructions will also, for each element which any party contends is governed by 35 U.S.C. § 112(6), identify the structure(s), act(s), or material(s) described in the specification corresponding to that element.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 4.1.b: Exchange of Preliminary Claim Construction and Extrinsic Evidence
A note on: Exchange preliminary claim constructions (Patent L.R. 4.1.a).
The preliminary identification of extrinsic evidence is exchanged on the same day as the preliminary constructions (Patent L.R. 4.1.b).
b. Simultaneously with exchange of the Preliminary Claim Constructions, the parties must also provide a preliminary identification of extrinsic evidence, including without limitation, dictionary definitions, citations to learned treatises and prior art, and testimony of percipient and expert witnesses they contend support their respective claim constructions.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 4.1.c: Exchange of Preliminary Claim Construction and Extrinsic Evidence
Computes a date: Exchange responsive claim constructions (Patent L.R. 4.1.c), 14 days after service. Offered on this page's calculator.
c. Not later than fourteen (14) days after the service of the Preliminary Claim Constructions pursuant to Patent L.R. 4.1.a, the parties will simultaneously exchange Responsive Claim Constructions identifying whether the responding party agrees with the other party’s proposed construction, or identifying an alternate construction in the responding party’s preliminary construction, or setting forth the responding party’s alternate construction.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 4.1.d: Exchange of Preliminary Claim Construction and Extrinsic Evidence
A note on: Exchange responsive claim constructions (Patent L.R. 4.1.c).
The extrinsic evidence supporting responsive constructions is identified on the same day as the responsive constructions (Patent L.R. 4.1.d).
d. Simultaneous with exchange of the Responsive Claim Constructions pursuant to Patent L.R. 4.1.c, the parties must also provide a preliminary identification of extrinsic evidence, including without limitation, dictionary definitions, citations to learned treatises and prior art, and testimony of percipient and expert witnesses they contend support any responsive claim constructions.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 4.1.e: Exchange of Preliminary Claim Construction and Extrinsic Evidence
A note on: File the joint claim construction chart, worksheet and hearing statement (Patent L.R. 4.2).
The parties must meet and confer before filing the joint chart; that meeting has no date of its own (Patent L.R. 4.1.e).
e. The parties must thereafter meet and confer for the purposes of narrowing the issues and finalizing preparation of a Joint Claim Construction Chart, Worksheet and Hearing Statement.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 4.2: Joint Claim Construction Chart, Worksheet and Hearing Statement
Computes a date: File the joint claim construction chart, worksheet and hearing statement (Patent L.R. 4.2), 14 days after service. Offered on this page's calculator.
Not later than fourteen (14) days after service of the Responsive Claim Constructions pursuant to Patent L.R. 4.1.c, the parties must complete and file a Joint Claim Construction Chart, Joint Claim Construction Worksheet and Joint Hearing Statement.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 4.2.e: Joint Claim Construction Chart, Worksheet and Hearing Statement
Quoted, no date computed (the judge sets the date). The court may hold a status conference within 7 days after the joint chart is submitted; a court date, not a party deadline.
e. At the Court’s discretion, within seven (7) days of the submission of the Joint Claim Construction Chart, Joint Claim Construction Worksheet and Joint Hearing Statement, the Court will hold a status conference with the parties, in person or by telephone, to discuss scheduling, witnesses and any other matters regarding the Claim Construction Hearing.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 4.3: Completion of Claim Construction Discovery
Computes a date: Complete claim construction discovery (Patent L.R. 4.3), 28 days after filing. Offered on this page's calculator.
Not later than twenty-eight (28) days after service and filing of the Joint Claim Construction Chart, Joint Claim Construction Worksheet and Joint Hearing Statement, the parties must complete all discovery, including depositions of any percipient or expert witnesses that they intend to use in the Claim Construction Hearing.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 4.4.a: Claim Construction Briefs
Computes a date: Serve and file opening claim construction briefs (Patent L.R. 4.4.a), 14 days after the event. Offered on this page's calculator.
a. Not later than fourteen (14) days after close of claim construction discovery, the parties will simultaneously file and serve opening briefs and any evidence supporting their claim construction.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 4.4.b: Claim Construction Briefs
Computes a date: Serve and file responsive claim construction briefs (Patent L.R. 4.4.b), 14 days after service. Offered on this page's calculator.
b. Not later than fourteen (14) days after service of the opening briefs, the parties will simultaneously file and serve briefs responsive to the opposing party’s opening brief and any evidence directly rebutting the supporting evidence contained in the opposing party’s opening brief.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. 4.5: Claim Construction Hearing
Quoted, no date computed (the judge sets the date). The court sets the claim construction hearing, about 28 days after responsive briefs or as its calendar allows.
Not later than twenty-eight (28) days after service of responsive briefs and subject to the convenience of the Court’s calendar, the Court will conduct a Claim Construction Hearing, if the court believes a hearing is necessary for construction of the claims at issue. The Court may also order in its discretion a tutorial hearing, to occur before, or on the date of, the Claim Construction Hearing.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Patent L.R. Appendix B: APPENDIX B: TIMELINE FOR PATENT CASES IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA
A district setting the calculators use: The patent timeline says all days are calendar days (Patent L.R. Appendix B). Patent L.R. 2.2 counts its period in a unit of its own, which this site counts as days the court is open (Patent L.R. 2.2).
All days are calendar days
Read from a page image: the document has no text layer. The image was read a second time on October 5, 2026. An attorney's own second read of the image is still needed before this entry can be countersigned.
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Second read needed: Appendix B has no text layer and was read from a page image. Read page 85 of the rules and confirm the line 'All days are calendar days'.
Court holidays
13 entries
Court Holiday Schedule 2026: 2026 Schedule
On the court's holiday schedule: New Year's Day, January 1, 2026.
1/1/2026 New Year's Day
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Court Holiday Schedule 2026: 2026 Schedule
On the court's holiday schedule: Martin Luther King Jr.'s Birthday, January 19, 2026.
1/19/2026 Martin Luther King Day Third Monday in January
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Court Holiday Schedule 2026: 2026 Schedule
On the court's holiday schedule: Washington's Birthday, February 16, 2026.
2/16/2026 Presidents Day Third Monday in February
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Court Holiday Schedule 2026: 2026 Schedule
Quoted, no date computed (a day the court is open). The schedule lists March 31 as open with minimal staffing, so it closes no day. Rule 6(a)(6)(C) can still treat it as a state holiday for a period counted forward.
3/31/2026 Cesar Chavez Day Observed - GO 628 - Open with minimal staffing
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Court Holiday Schedule 2026: 2026 Schedule
On the court's holiday schedule: Memorial Day, May 25, 2026.
5/25/2026 Memorial Day Last Monday in May
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Court Holiday Schedule 2026: 2026 Schedule
On the court's holiday schedule: Juneteenth National Independence Day, June 19, 2026.
6/19/2026 Juneteenth Day
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Court Holiday Schedule 2026: 2026 Schedule
On the court's holiday schedule: Independence Day (observed), July 3, 2026.
7/3/2026 Independence Day Observed
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Open for countersignature: Confirm July 3, 2026 under Keyser: Independence Day fell on a Saturday and the court's schedule closes Friday, July 3, so the site treats it as closed for filing and as a legal holiday; the earliest date for a period ending there reads it as an ordinary open day.
Court Holiday Schedule 2026: 2026 Schedule
On the court's holiday schedule: Independence Day, July 4, 2026.
7/4/2026 Independence Day
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Court Holiday Schedule 2026: 2026 Schedule
On the court's holiday schedule: Labor Day, September 7, 2026.
9/7/2026 Labor Day First Monday in September
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Court Holiday Schedule 2026: 2026 Schedule
On the court's holiday schedule: Columbus Day, October 12, 2026.
10/12/2026 Columbus Day Second Monday in October
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Court Holiday Schedule 2026: 2026 Schedule
On the court's holiday schedule: Veterans Day, November 11, 2026.
11/11/2026 Veterans Day
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Court Holiday Schedule 2026: 2026 Schedule
On the court's holiday schedule: Thanksgiving Day, November 26, 2026.
11/26/2026 Thanksgiving Day Fourth Thursday in November
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Court Holiday Schedule 2026: 2026 Schedule
On the court's holiday schedule: Christmas Day, December 25, 2026.
12/25/2026 Christmas Day
Status: Not yet countersigned. The rule text was transcribed from the official source; no attorney has countersigned this row.
Court holidays and closures
A filing deadline counted forward that lands on one of these 12 days moves to the next day the court is open (Rule 6(a)(3)). For a period counted back from a hearing, this site shows the day before the closure, the safe choice. Courts disagree whether an open electronic filing system keeps the clerk's office accessible, so the result also shows the date you get if the closure is ignored. Service, conferral and disclosure dates ignore them, and a period counted in days the court is open skips them in every reading. S.D. Cal.'s schedule for 2026 was read on October 5, 2026; no 2027 schedule was posted then.
| Date | Day | On the calculators |
|---|---|---|
| January 1, 2026 | New Year's Day | Closed for filing deadlines. |
| January 19, 2026 | Martin Luther King Jr.'s Birthday | Closed for filing deadlines. |
| February 16, 2026 | Washington's Birthday | Closed for filing deadlines. |
| March 31, 2026 | Open | Open on the court's schedule; closes nothing. |
| May 25, 2026 | Memorial Day | Closed for filing deadlines. |
| June 19, 2026 | Juneteenth National Independence Day | Closed for filing deadlines. |
| July 3, 2026 | Independence Day (observed) | Closed for filing deadlines. |
| July 4, 2026 | Independence Day | Closed for filing deadlines. |
| September 7, 2026 | Labor Day | Closed for filing deadlines. |
| October 12, 2026 | Columbus Day | Closed for filing deadlines. |
| November 11, 2026 | Veterans' Day | Closed for filing deadlines. |
| November 26, 2026 | Thanksgiving Day | Closed for filing deadlines. |
| December 25, 2026 | Christmas Day | Closed for filing deadlines. |
What this page does not cover
- Criminal local rules
- Admiralty rules
- The model protective order
- Chambers rules and standing orders
- General orders other than General Order 771, including Chief Judge Order 144
- The ECF manual beyond its time zone line
Common questions
When is a motion due in S.D. Cal.?
Filed and served at least 28 days before the hearing date the judge's law clerk gave you (CivLR 7.1.e.1). If day 28 falls on a weekend or a court holiday, it moves back to the last earlier day that is neither (FRCP 6(a)(5)).
When is the opposition due?
Filed and served 14 calendar days before the hearing (CivLR 7.1.e.2). A party that does not oppose still files a statement of non-opposition by then.
When is the reply due?
7 days before the hearing (CivLR 7.1.e.3). For a Monday hearing that is the Monday before, or two Fridays before when that Monday is a holiday.
What if I serve by mail?
Serve a mailed motion 31 days before the hearing and a mailed opposition 17 days before; the filing dates stay at 28 and 14 (CivLR 7.1.e.4). The rule speaks of parties who do not file through CM/ECF, and whether it reaches a CM/ECF filer who mails a paper is not settled, so this site gives these earlier dates for any mailed motion or opposition. Rule 6(d) adds no time to those periods.
Who sets the hearing date?
The clerk of the judge assigned to the case (CivLR 7.1.b). Every motion date counts back from it.
Can chambers rules change these dates?
Yes. Some judges set their own briefing schedules, and a judge may waive a local rule in a particular case (CivLR 1.1.d). Read the chambers rules and the orders in your case.
Related
- Local rules by district
- C.D. Cal. local rules (not applied here yet)
- N.D. Cal. local rules (not applied here yet)
- E.D. Cal. local rules (not applied here yet)
- Federal legal holidays
- How this site applies local rules