EXHIBIT 3

Case 5:17-cv-00072-BLF Document 628-4 Filed 05/15/20 Page 1 of 8
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Standing Order Re Civil Jury Trials

Rev. 5/30/2019

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

STANDING ORDER RE CIVIL JURY TRIALS

JUDGE BETH LABSON FREEMAN

I. MEET AND CONFER

At least 21 days before the final Pretrial Conference, lead counsel who will try the case 

shall meet and confer with respect to:

(1) Settlement of the Case;

(2) Preparation of the Joint Pretrial Statement and Order;

(3) Preparation and exchange of pretrial materials to be filed pursuant to Federal Rule 

of Civil Procedure 26(a)(3); and

(4) Clarification and narrowing of the contested issues for trial.

II. JOINT PRETRIAL STATEMENT AND ORDER

At least 14 days before the final Pretrial Conference, unless otherwise ordered, the parties 

shall file a Joint Pretrial Statement and Order containing the following information:

A. The Action

1. The Parties

A list of the parties who have been served and have appeared. Any parties 

not identified in the Joint Pretrial Statement and Order will be deemed to 

have been dismissed.

2. Substance of the Action

A concise statement identifying the claims and defenses that remain to be 

decided; the elements of each claim and defense; and the pleading in 

which each claim and defense is pled. Parties will be precluded from 

presenting claims or defenses not set forth in the Joint Pretrial Statement 

and Order.

3. Relief Sought

A statement of all relief sought, itemizing all elements of damages 

claimed.

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Standing Order Re Civil Jury Trials

Rev. 5/30/2019

4. Federal Jurisdiction and Venue

A statement of the bases for federal jurisdiction and venue.

B. Factual Basis of the Action

1. Undisputed Facts

A concise statement of all facts that may be incorporated into the trial 

record by stipulation of the parties.

2. Disputed Facts

A concise statement of all facts that are disputed and will be litigated at 

trial.

C. Disputed Legal Issues

A concise statement of each disputed point of law, citing relevant statutes and 

decisions.

D. Estimate of Trial Time

An estimate of the total number of hours or days needed for trial.

E. Trial Alternatives and Options

1. Settlement Discussion

A statement summarizing the status of the settlement negotiations and 

indicating whether further negotiations are likely to be productive.

2. Amendments or Dismissals

A statement of proposed amendments to the pleadings or dismissals of 

parties, claims, or defenses.

3. Bifurcation or Separate Trial of Issues

A statement whether bifurcation or a separate trial of specific issues is 

feasible and desired.

F. Binding Effect of the Joint Pretrial Statement and Order

The Joint Pretrial Statement and Order shall recite, directly above the signature 

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Standing Order Re Civil Jury Trials

Rev. 5/30/2019

lines of the parties, the following:

The foregoing admissions having been made by the parties, and the parties 

having specified the foregoing issues of fact and law remaining to be litigated, 

this order shall supplement the pleadings and govern the course of trial of this 

action, unless modified to prevent manifest injustice.

Date and signature lines for the Court shall appear immediately following the 

signature lines of the parties.

III. PREPARATION FOR TRIAL

A. Witnesses

1. Appendix

The following information shall be provided as an appendix to the Joint 

Pretrial Statement and Order. For each party, a list of all witnesses likely 

to be called at trial, including those appearing by deposition. For each

witness, there should be a short statement of the substance of his or her

testimony and an estimate regarding the length of testimony (including 

direct and cross-examination). If the witness is an expert witness, please 

state the expert’s theories and conclusions and the bases therefor. Attach 

the expert’s curriculum vitae and report (if any).

2. Consequences of Nondisclosure

No party shall be permitted to call a witness in its case in chief who is not 

disclosed in the Joint Pretrial Statement and Order without leave of the 

Court for good cause shown.

B. Exhibits

1. Appendix

The following information shall be provided as an appendix to the Joint 

Pretrial Statement and Order. A joint list of exhibits, discovery 

responses, and deposition excerpts to be offered at trial, in tabular form 

with (a) a column identifying the exhibit number consistent with the premarking requirement of paragraph C.2.b., below; (b) a column briefly 

describing the exhibit; (c) a column describing the purpose for which the 

exhibit is offered and identifying its sponsoring witness; (d) a column 

stating any objections to the exhibit; and (e) a column responding to the 

objections. The Court will not rule on these objections before trial and 

any remaining objections must be asserted at trial. Before this list is filed 

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Standing Order Re Civil Jury Trials

Rev. 5/30/2019

with the Court, counsel shall meet and confer, in person, to consider 

exhibit numbers, eliminate duplicate exhibits and confusion over exhibits, 

and make a good faith effort to stipulate to admissibility. If stipulation is 

not possible, the parties shall make every effort to stipulate to authenticity 

and foundation absent a legitimate (not tactical) objection.

2. Pre-Marked

All exhibits shall be pre-marked for identification with numbers (not 

letters) by means of exhibit tags affixed to the back of the last page of 

each exhibit. Sample tags are attached hereto.

3. Delivery to Court

Unless otherwise ordered, on the Thursday prior to commencement of 

trial, the parties shall deliver to Tiffany Salinas-Harwell, Courtroom 

Deputy to Judge Freeman, 1 original set of exhibits and 1 complete copy 

of the original set. The copy set of exhibits need not be tagged, but the 

exhibits contained therein must be labeled clearly. Both sets of exhibits –

the original and the copy – shall be in three-ring binders with the exhibits 

separated by tabs denoting the exhibit numbers.

4. Consequences of Nondisclosure

No party shall be permitted to offer any exhibit at trial that is not disclosed 

in the Joint Pretrial Statement and Order without leave of the Court for 

good cause shown, unless it is offered solely for impeachment or rebuttal.

C. Motions in Limine

Unless otherwise ordered, the parties shall file and serve any motions in limine at 

least 14 days before the final Pretrial Conference, and any opposition thereto at 

least 7 days before the final Pretrial Conference. Reply briefs are not permitted. 

Unless otherwise ordered by the Court, motions in limine will be deemed 

submitted without oral argument. Each motion shall be presented in a separate 

document and shall be numbered as, for example, “Plaintiff’s Motion in Limine 

No. 1 to Exclude. . . .” Each side is limited to 5 motions in limine (without 

prejudice to raising matters as the trial progresses). Briefing on each motion shall 

not exceed 5 pages per side.

D. Jury Materials

At least 7 days prior to the final Pretrial Conference, the parties shall file and 

serve the following materials. All jury materials must be submitted in hard copy 

and in word processing format via e-mail to BLFpo@cand.uscourts.gov.

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Standing Order Re Civil Jury Trials

Rev. 5/30/2019

1. Preliminary Statement to the Jury

A simplified statement of the case to be read to the jury during voir dire 

and as part of the proposed jury instructions. Unless the case is extremely 

complex, this statement should not exceed one paragraph.

2. Voir Dire Questions

The Court will conduct the initial voir dire. Counsel may submit for the 

Court’s consideration an agreed upon set of voir dire questions to be posed 

by the Court. Any voir dire questions on which counsel cannot agree 

may be submitted separately. Counsel will be allowed a brief (15 

minutes) follow-up voir dire after the Court’s questioning. Counsel shall

inform the Court if they wish to use a jury questionnaire and, if so, shall 

submit a proposed questionnaire for the Court’s review.

3. Jury Instructions

a) Joint Set of Instructions

The parties shall submit a complete joint set of proposed jury 

instructions, arranged in a logical sequence, which incorporates the 

Model Jury Instructions of the Ninth Circuit to the extent feasible 

and appropriate.

b) Stipulated Instructions

If an instruction is undisputed, it shall be identified as “Stipulated 

Instruction No. ___ re ____________,” with the blanks filled in as 

appropriate. Even if stipulated, the instruction shall be supported 

by citation to the Model Jury Instructions of the Ninth Circuit or 

other authority.

c) Disputed Instructions

If an instruction is disputed, all versions of the instruction shall be 

inserted together in the logical place for the instruction in the 

overall sequence. A disputed instruction shall be identified as 

“Disputed Instruction No. ___ re ____________ offered by 

____________,” with the blanks filled in as appropriate. All 

disputed versions of the same instruction shall bear the same

number. If a party does not have an alternate version but contends 

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Standing Order Re Civil Jury Trials

Rev. 5/30/2019

that no such instruction should be given, that party should so state 

on a separate page inserted in lieu of an alternate version. Each 

party should support its position regarding a disputed instruction 

with a brief argument and citation to relevant authority, set forth 

immediately following the disputed instruction. The parties are 

encouraged to keep disputed instructions to a minimum.

4. Verdict Form

The parties shall submit a joint proposed verdict form. If the parties are 

unable to stipulate to a verdict form, each party shall submit a proposed 

verdict form.

E. Trial Briefs

Each party shall submit a trial brief, not to exceed 15 pages, at least 7 days prior 

to the commencement of trial. A trial brief is most helpful to the Court when it 

summarizes the party’s theory of the case, identifies key evidence, and provides 

summary briefing on any controlling issues of law.

F. Stipulations

A statement of proposed stipulations that will expedite the presentation of 

evidence. Any stipulations submitted before or during trial shall be in writing and 

signed by all parties.

G. Time Limits

Ordinarily, the Court will set fixed trial time limits at the final Pretrial 

Conference. Each party may allocate its time as it wishes, but all of a party’s 

examination time (whether direct, cross, re-direct, or re-cross) for all witnesses 

must fit within its time limit. Opening and closing time limits are in addition to 

examination time.

IV. SCHEDULING

Trials are scheduled to commence Monday mornings at 9:00 a.m. Trial will proceed each 

day except Thursday.

Dated: May 30, 2019

BETH LABSON FREEMAN

United States District Judge

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Standing Order Re Civil Jury Trials

Rev. 5/30/2019

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF 

CALIFORNIA

Case No: 

Joint / Plaintiff / Defendant Exh. No.: 

Date Admitted:

By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF 

CALIFORNIA

Case No: 

Joint / Plaintiff / Defendant Exh. No.: 

Date Admitted:

By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF 

CALIFORNIA

Case No: 

Joint / Plaintiff / Defendant Exh. No.: 

Date Admitted:

By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF 

CALIFORNIA

Case No: 

Joint / Plaintiff / Defendant Exh. No.: 

Date Admitted:

By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF 

CALIFORNIA

Case No: 

Joint / Plaintiff / Defendant Exh. No.: 

Date Admitted:

By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF 

CALIFORNIA

Case No: 

Joint / Plaintiff / Defendant Exh. No.: 

Date Admitted:

By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF 

CALIFORNIA

Case No: 

Joint / Plaintiff / Defendant Exh. No.: 

Date Admitted:

By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF 

CALIFORNIA

Case No: 

Joint / Plaintiff / Defendant Exh. No.: 

Date Admitted:

By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF 

CALIFORNIA

Case No: 

Joint / Plaintiff / Defendant Exh. No.: 

Date Admitted:

By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF 

CALIFORNIA

Case No: 

Joint / Plaintiff / Defendant Exh. No.: 

Date Admitted:

By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF 

CALIFORNIA

Case No: 

Joint / Plaintiff / Defendant Exh. No.: 

Date Admitted:

By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF 

CALIFORNIA

Case No: 

Joint / Plaintiff / Defendant Exh. No.: 

Date Admitted:

By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF 

CALIFORNIA

Case No: 

Joint / Plaintiff / Defendant Exh. No.: 

Date Admitted:

By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF 

CALIFORNIA

Case No: 

Joint / Plaintiff / Defendant Exh. No.: 

Date Admitted:

By: Tiffany Salinas-Harwell, Deputy Clerk

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF 

CALIFORNIA

Case No: 

Joint / Plaintiff / Defendant Exh. No.: 

Date Admitted:

By: Tiffany Salinas-Harwell, Deputy Clerk

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