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Reply in Support of Motion for Preliminary Injunction
United States
District Court
Northern District of
California
On Noticed Motion - Fourteen (14) Days Before the Hearing
RULE AMENDED EFFECTIVE JULY 2, 2012
Reply Papers Must Be Served 7 Days After Service of Opposition
The reply to an opposition must be filed and served not more than 7 days after the
Calculating the Due Date or Deadline Pursuant to the FRCP
Under amended FRCP 6(a)(1), all deadlines stated in days, no matter the length of the period, are computed more...
When determining the last day of a filing period stated in days, a day on which the clerk's more...
The end of the last day of a period is defined as midnight in the court's time zone more...
In determining what is the "next" day, one must continue counting in the same direction - that is, more...
Legal holidays are set forth and defined at Rule 6(a)(6). . more...
On OSC -Briefing Schedule Set By the Court
If the preliminary injunction is sought on an order to show cause ("OSC") accompanying an application for a more...
Consult Standing Orders
Many Northern District Judges' Standing Orders include requirements and procedures regarding motions.A list of Northern District Judges and links to their Standing Orders is online at: more...
Notice Required
A preliminary injunction will issue only on notice to the opposing party. . more...
Security
No preliminary injunction may issue without the applicant's giving of security. . more...
Consolidation
Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the more...
Immediately Appealable
Any order granting refusing or modifying a preliminary injunction is immediately appealable. . more...
Evidence Becomes Part of the Record
Even when consolidation is not ordered, evidence that is received on the motion and that would be admissible more...
Withdrawal of Motion
Within the time for filing and serving a reply, the moving party may file and serve a
Reply Memorandum Permitted
Reply papers may include a supplemental brief or memorandum under Civil L.R. 7-4. Any evidentiary and procedural objections to the opposition must be contained within the reply brief or memorandum. more...
The first page of the reply memorandum must contain, opposite the caption and under the case number, the more...
15 Page Limit on Reply Briefs
The reply memorandum may not exceed 15 pages. ; . more...
Additional Requirements
Northern District of California SmartRules Guide: GENERAL RULES AND FORMATTING REQUIREMENTS. more...
Affidavit or Declaration Permitted
Reply papers may include affidavits and declarations. Factual contentions must be supported by affidavits or declarations and by references to the record. more...
Authentication of Evidence
Excerpts from depositions, interrogatories, requests for admission, and other evidentiary matters must be appropriately authenticated by an affidavit or more...
No Oral Evidence Without Leave
No oral testimony may be presented at a hearing on a motion without leave of court. . more...
Objections to Evidence
Reply papers may include objections to the evidence relied upon by the opposing party. Customarily, objections to evidence are made in a separate document. more...
Electronic and Manual Filing
Requirements and instructions for electronic and manual filing are found at Northern District of California SmartRules procedural guide: FILING more...
Disposition Without Appearance
In the judge's discretion, or upon request by counsel and with the judge's approval, a motion may be more...
Continuance of Hearing Date
Except where the Court has issued a TRO, a moving party may file a notice continuing the originally more...
Contents and Scope of Order
Contents
Every order granting an injunction and every restraining order must: more...
(A) state the reasons why it issued; more...
(B) state its terms specifically; and more...
(C) describe in reasonable detail and not by referring to the complaint or other document the act or more...
Persons Bound
The order binds only the following who receive actual notice of it by personal service or otherwise: more...
(A) the parties; more...
(B) the parties officers, agents, servants, employees, and attorneys; and more...
(C) other persons who are in active concert or participation with anyone described in Rule 65(d)(2)(A) or (B). more...
Evidence from Preliminary Injunction Hearing Becomes Part of Record
Even when consolidation is not ordered, evidence that is received on the motion and that would be admissible more...
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