United States v. Elizabeth A. Holmes, et al.

Trial exhibits submitted by the parties are available here.  (Click on “Web Browser” or “FTP Client” link).
Court orders and other selected case documents are available here.

Notice re: Press and Public Access to Jury Trial Proceedings

At this time, the Court anticipates the following, which may change with any updated safety protocols:

  • The jury trial in this case will take place in Judge Davila’s courtroom (Courtroom 4, 5th Floor).
  • All courthouse visitors are required to follow the court’s safety protocols, including wearing a mask in all common areas of the courthouse and in the courtroom if so instructed by the judge.  All visitors must review the court’s COVID-19 Pre-Screening Questionnaire prior to arriving at the courthouse.
  • There will be no live remote public access (e.g., telephone or Zoom) to jury trial proceedings in this case.
  • An overflow room with live audio or video will be available in the San Jose courthouse (Courtroom 7).
  • Public seating in the courtroom and overflow room is limited and will be first-come, first-served.  As needed, court staff may issue tickets for courtroom seating. Tickets will be numbered and will allow attendance in either Courtroom 4 (trial courtroom) or Courtroom 7 (overflow room). Tickets do not guarantee a particular seat in the gallery, but attendees will line up and enter the courtroom by ticket number (i.e., lower ticket number equals earlier courtroom entry). Tickets are dated, are valid for the indicated date only, and must be presented to court staff upon request.
  • Spectators who anticipate needing to exit the courtroom before recesses, or taking notes on electronic devices, are asked to sit in the back rows of the gallery, near the courtroom doors.
  • Courtroom doors will open at 8:30 a.m. each morning of trial.  The San Jose courthouse building opens at 7:30 a.m.  A waiting area and queue will be set up in the hallway outside of the courtroom.
  • Any photography, audio recording, video recording, telephone calls, or live transmission of audio or video inside the courtroom is absolutely prohibited.  Please note that photography, audio recording, and video recording is also prohibited in all common areas inside the courthouse.  See General Order 58.
  • Electronic devices will be permitted for note-taking or live text reporting.  Keyboards must be touchscreen/silent.


Some pretrial hearings in this case may be held by teleconference or by Zoom Webinar videoconference.  Call-in or login information is available on the PACER docket, on the judge’s calendar, or by emailing

For teleconferences:  please call in at least 5 minutes before the hearing is scheduled to begin, make sure your phone is muted, and stay on the line for the entire hearing so that the proceedings are not disrupted.

For videoconferences: see the court’s instructions on observing a Zoom Webinar as a non-participating “Attendee.”

Important: any recording, copying, or rebroadcasting of a remote court hearing is absolutely prohibited.  See General Order 58 and the court’s Notice Regarding Press and Public Access to Court Hearings.

View all court rules affecting the media.

Due to the level of interest in this case, this web page has been created to notify journalists and interested members of the public of important news and information about access to proceedings and to case information.

General Court Information

About This Case

Elizabeth A. Holmes and Ramesh “Sunny” Balwani, former executives of health technology corporation Theranos, are charged with wire fraud, in violation of 18 U.S.C. § 1343, and conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349. The charges stem from Defendants’ allegedly deceptive representations about their company and its medical testing technology.  Defendants will be tried separately.



Certain pretrial orders are available for download without charge below. All other documents may be viewed/downloaded via the PACER system. To sign up for email alerts when a new document is filed, you may open an account with this Court’s ECF system, then sign up for notices of electronic filing.  

Upcoming Proceedings & Deadlines:
DateProceeding or DeadlineCourtroom (If Applicable)
See Judge’s Schedule of Upcoming Proceedings

Selected case documents of special interest:


Docket NumberFiling Date
Third Superseding Indictment46907/28/2020
Order re: Holmes’ Motion to Exclude Expert Opinion Testimony of Dr. Master79705/21/2021
Order re: Motions in Limine 79805/22/2021
Order Granting Motion to Determine that Defendant Lacks Individual Privilege Interest in Disputed Documents81206/03/2021
Order Overruling Objections to Magistrate Judge’s Order 85807/01/2021
 Motion of Dow Jones & Co. to Intervene and Unseal 88107/30/2021
 Order Denying Motion to Suppress 88708/04/2021
 Final Jury Questionnaire 92808/20/2021
 Order re: Dow Jones Motion to Unseal96508/28/2021
Order re: Pre-trial Motions98908/30/2021
Supplemental Prospective Juror Packet: Anticipated Trial Schedule, Witness List, and Biographical Questionnaire08/31/2021
Order regarding Preliminary Jury Instructions100609/07/2021
Order Deferring Ruling on Defendant’s Motion to Exclude Certain Testimony100709/07/2021
Order re: Submitted Exhibit Instructions 100809/08/2021
Stipulation and Order Governing Defendant Balwani’s Case Schedule101509/09/2021
Order Denying Defendant Balwani’s Administrative Motion for Access to Trial of Codefendant Holmes 101609/13/2021
Media Coalition Motion to Intervene and Unseal Completed Juror Questionnaires 102609/16/2021
Defendant Holmes’ Response to Media Coalition Motion 103209/23/2021
Government’s Response to Media Coalition Motion 103309/23/2021
Second Order re: Dow Jones Motion to Unseal103909/27/2021
Order re: Supplemental Briefing on Media Coalition’s Motion to Unseal Juror Questionnaires 108810/14/2021
Defendant Holmes’ Supplemental Response to Media Coalition’s Motion 110910/25/2021
Updated Trial Schedule (November and December 2021) *subject to change10/27/2021
Updated Trial Schedule (November and December 2021) *subject to change11/19/2021
Order Granting in Part and Denying in Part Media Coalition’s Motion to Unseal Juror Questionnaires115111/19/2021
Order Denying Ms. Holmes’ Motion to Admit Prior Testimony of Ramesh “Sunny” Balwani117512/02/2021
Updated Trial Schedule (December 2021) *subject to change12/09/2021
Joint Proposed Jury Instructions118812/09/2021
Order Continuing Trial Date (Balwani)119812/13/2021
Final Jury Instructions (Holmes)120612/17/2021
Jury Verdict123501/03/2022