CURRENT AS OF: Apr 17th 2010

 Generally Applicable Rules and Formatting Requirements

 United States District Court
 Central District of California

 

 Title Page

Filing Attorney, Or Party Appearing Pro Se

RULE AMENDED EFFECTIVE JANUARY 1, 2010

The name, California bar number, office address (or residence address if no office is maintained), the telephone and facsimile numbers, and the e-mail address of the attorney or a party appearing pro se presenting the document shall be placed commencing with line 1 at the left margin. The e-mail address shall be placed immediately beneath the name of the attorney. Immediately beneath, the party on whose behalf the document is presented shall be identified. All this information shall be single spaced. When a document is presented, the information set forth in this paragraph shall be supplied for each attorney or party appearing pro se who joins in the presentation of that document. Central Dist. LR 11-3.8(a)(amended eff 1/1/10).

Blank Area

The space between lines one (1) and seven (7) to the right of the center of the page must be left blank for the Clerk's use. Central Dist. LR 11-3.8(b).

Title of the Court

The title of the Court, ("United States District Court, Central District of California"), must be centered on or below line eight (8). Central Dist. LR 11-3.8(c).

Names of the Parties

The names of the parties shall be placed below the title of the Court and to the left of center, and single spaced. If the parties are too numerous, the names may be continued on the second or successive pages in the same space. In all documents, after the initial pleadings, the names of the first-named party only on each side shall appear. Central Dist. LR 11-3.8(d).

The title of the complaint must name all the parties; the title of other pleadings, after naming the first party on each side, may refer generally to other parties. FRCP 10(a).

Docket Number and Description of Document

The docket number of the case shall be placed to the right of the center of the page and immediately opposite the names of the parties on the first page. Immediately below the docket number shall appear a concise description of the nature of the document (e.g., notice of motion, memorandum in support or opposition). Immediately below the description shall appear the time and date of the hearing on the matter to which the paper is addressed. Central Dist. LR 11-3.8(e).

 Privacy and Redaction

Private Information Redaction Requirements

Unless the court orders otherwise, in an electronic or paper filing with the court that contains an individuals social-security number, taxpayer-identification number, or birth date, the name of an individual known to be a minor, or a financial-account number, a party or nonparty making the filing may include only:

(1) the last four digits of the social-security number and taxpayer-identification number;

(2) the year of the individuals birth;

(3) the minors initials; and

(4) the last four digits of the financial-account number. FRCP 5.2(a).

Exemptions from the Redaction Requirement

The redaction requirement does not apply to the following:

(1) a financial-account number that identifies the property allegedly subject to forfeiture in a forfeiture proceeding;

(2) the record of an administrative or agency proceeding;

(3) the official record of a state-court proceeding;

(4) the record of a court or tribunal, if that record was not subject to the redaction requirement when originally filed;

(5) a filing covered by Rule 5.2(c) or (d); and

(6) a pro se filing in an action brought under 28 U.S.C. 2241, 2254, or 2255. FRCP 5.2(b).

Filings Made Under Seal

The court may order that a filing be made under seal without redaction. The court may later unseal the filing or order the person who made the filing to file a redacted version for the public record. FRCP 5.2(d).

For more information regarding filing documents under seal, See Central District of California SmartRules procedural guide: MOTION TO FILE UNDER SEAL.

Protective Orders

For good cause, the court may by order in a case:

(1) require redaction of additional information; or

(2) limit or prohibit a nonpartys remote electronic access to a document filed with the court.FRCP 5.2(e).

For more information regarding obtaining a protective order, See Central District of California SmartRules procedural guide: MOTION FOR PROTECTIVE ORDER.

Option for Additional Unredacted Filing Under Seal

A person making a redacted filing may also file an unredacted copy under seal. The court must retain the unredacted copy as part of the record. FRCP 5.2(f).

For more information regarding filing documents under seal, See Central District of California SmartRules procedural guide: MOTION TO FILE UNDER SEAL.

Option for Filing a Reference List

A filing that contains redacted information may be filed together with a reference list that identifies each item of redacted information and specifies an appropriate identifier that uniquely corresponds to each item listed. The list must be filed under seal and may be amended as of right. Any reference in the case to a listed identifier will be construed to refer to the corresponding item of information.FRCP 5.2(g).

For more information regarding filing documents under seal, See Central District of California SmartRules procedural guide: MOTION TO FILE UNDER SEAL.

Waiver of Protection of Identifiers

A person waives the protection of Rule 5.2(a) as to the persons own information by filing it without redaction and not under seal. FRCP 5.2(h).

 Requirements for Electronically Filed Documents

PDF

Documents filed electronically must be submitted in PDF format. Central Dist. G. O. 08-02 (IV)(C)(amended eff 2/7/08) available online at: http://www.cacd.uscourts.gov/CACD/GenOrders.nsf/General+Orders?OpenView.

Obligation to Protect Sensitive and Private Information

The parties shall refrain from including, and/or shall redact where inclusion is necessary, personal data identifiers from all documents filed with the Clerk. Central Dist. G. O. 08-02 (IV)(E)(amended eff 2/7/08) available online at: http://www.cacd.uscourts.gov/CACD/GenOrders.nsf/General+Orders?OpenView.

Hyperlinks

Documents filed electronically may only contain hyperlinks to sections of the same document. Central Dist. G. O. 08-02 (IV)(I)(amended eff 2/7/08) available online at: http://www.cacd.uscourts.gov/CACD/GenOrders.nsf/General+Orders?OpenView.

 Papers

Legibility and Size of Type

All documents and exhibits presented for filing or lodging with the Clerk must be typewritten or printed, or prepared by a photocopying or other duplicating process that will produce clear and permanent copies equally legible to printing in black or dark blue ink.Central Dist. LR 11-3.1. The filing party may use either a proportionally spaced or a monospaced face. A proportionally spaced face must be fourteen (14) point or larger, or as the Court may otherwise order. A monospaced face may not contain more than ten and a half (10 ) characters per inch.Central Dist. LR 11-3.1.1.

Double Spacing

All documents must be double spaced, including citations and quotations. Central Dist. LR 11-3.6.

Single Spacing

Footnotes, descriptions of real property, and corporate surety bonds may be single spaced. Central Dist. LR 11-3.6.1; Central Dist. LR 11-3.6.2; Central Dist. LR 11-3.6.3.

Paper and Page Layout

All documents shall be submitted on opaque, unglazed 8 X 11 white paper (including recycled paper) not less than thirteen (13) pound weight. The paper shall be numbered on the left margin with not more than twenty-eight (28) lines per page. Only one side of the paper shall be used. The lines on each page shall be double spaced and numbered consecutively with line one (1) beginning at least one (1) inch below the top edge of the paper.Central Dist. LR 11-3.2.

Punching, Riders and Backing

All documents in paper format must be pre-punched with 2 normal-size holes, centered 2-3/4 inches apart, 1/2 to 5/8 inches from the top edge of the document. All pages must be firmly bound at the top and backed. The backing must extend not more than 1 inch below the pages bound and have the short title of the document typed in the lower right hand corner. Central Dist. LR 11-3.5 (amended eff 1/1/10).

No Fax Filing

Documents may not be transmitted by facsimile directly to the Clerk's office for filing. However, copies of facsimile documents shall be accepted for filing, provided that they are legible. The original of any faxed document, including the original signature of the attorney, party or declarant, shall be maintained by the filing party until the conclusion of the case, including any applicable appeal period, subject to being produced upon order of the Court. Central Dist. LR 11-2.

 Briefs

Length of Briefs

Memoranda of points and authorities, pre-trial, trial, and post-trial briefs shall not exceed twenty-five (25) pages in length, excluding indices and exhibits, unless permitted by order of the judge. Central Dist. LR 11-6.

Table of Contents and Authorities

Any memorandum of points and authorities or any brief exceeding ten (10) pages in length, excluding exhibits, shall be accompanied by an indexed table of contents setting forth the headings or subheadings contained in the body thereof, and by an indexed table of the cases, statutes, rules and other authorities cited. Central Dist. LR 11-8.

Quotations

Quotations from cited cases or other authorities of more than one sentence must be clearly indented not less than five (5) spaces nor more than (20) spaces. Central Dist. LR 11-3.7.

Appendices

Appendices shall not include any matters that properly belong in the body of a memorandum of points and authorities or pre-trial or post-trial brief. Central Dist. LR 11-7.

Entire Document Sequentially Numbered

A memorandum of points and authorities must be numbered consecutively at the bottom of each page.Central Dist. LR 11-3.3. Exhibits must be numbered consecutively with the principal document. Central Dist. LR 11-5.2 (amended eff 1/1/10).

 Exhibits

RULE AMENDED EFFECTIVE JANUARY 1, 2010

Unless compliance is impracticable, a paper exhibit shall be scanned and electronically filed with the document to which it relates and shall be numbered at the bottom of each page consecutively to the principal document. Central Dist. LR 11-5.2 (amended eff 1/1/10).

Exhibit Number

The exhibit number must be placed immediately above or below the page number on each page of the exhibit. Central Dist. LR 11-5.3.

Tabbing

Exhibits shall be tabbed in sequential order. Central Dist. LR 11-5.3.

Scanned If Possible

RULE AMENDED EFFECTIVE JANUARY 1, 2010

Exhibits must not exceed 8 x 11 inches in size and should be scanned and electronically filed whenever practicable. Exhibits that are too large to scan shall be folded in such a manner as not to exceed an 8 x 11 inch sheet, and filed as paper exhibits. CM/ECF users shall file electronically a Notice of Manual Filing setting forth the reason(s) why the exhibit cannot be filed electronically and present the Notice of Electronic Filing with the exhibits to be filed or lodged. Central Dist. LR 11-5.4 (amended eff 1/1/10).

Small Exhibits

An exhibit smaller than 8 x 11 inches shall be attached to an 8 x 11 inch sheet. Central Dist. LR 11-5.5.

Non-Paper Exhibits

RULE AMENDED EFFECTIVE JANUARY 1, 2010

Non-paper physical exhibits shall not be attached to any document. A non-paper physical exhibit shall be placed in a secure container identified by the case name and number, and the name, address and telephone number of the submitting party, and lodged with a separately filed Notice of Lodging. CM/ECF users shall first file electronically a Notice of Manual Filing setting forth the reason(s) why the exhibit cannot be filed electronically and present the Notice of Electronic Filing with the exhibits to be lodged. Central Dist. LR 11-5.1 (amended eff 1/1/10).

 Citations

Acts of Congress

All citations to Acts of Congress shall include parallel citation to the United States Code by title and section. Central Dist. LR 11-3.9.1.

Regulations

Citations to regulations shall include a citation to the Code of Federal Regulations by title and section, including the date the regulation was promulgated. Central Dist. LR 11-3.9.2.

United States Supreme Court

Initial citation of any United States Supreme Court case shall include parallel citations to the United States Reports, Lawyer's Edition and Supreme Court Reporter. Central Dist. LR 11-3.9.3.

United States District Court

Where available, citations shall be made to the Federal Reporter, Federal Supplement or Federal Rules Decisions. Central Dist. LR 11-3.9.3.

State Court Case Citations

Initial state court citations shall include both the official reporter and any regional reporter published by West Publishing Company. California parallel citations may be limited to the official reports and California Reporter. Central Dist. LR 11-3.9.3.

 Signature

Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorneys name or by a party personally if the party is unrepresented. The paper must state the signers address, e-mail address, and telephone number.The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorneys or partys attention. FRCP 11(a). All documents, except declarations, shall be signed by the attorney for the party or the party appearing pro se. The name of the person signing the document shall be clearly typed below the signature line. Central Dist. LR 11-1.

 Copies

Original and One Copy

All documents, including their exhibits, shall be filed with one clear, conformed, and legible copy for the use of judge. Central Dist. LR 11-4.1 (amended eff 1/1/10).

Notation of Original and Copy

The original of a document must be labeled as the original and shall consist entirely of original pages, except as otherwise allowed by the Local Rules. All copies must be clearly identified as such. Central Dist. LR 11-3.4.

Three-Judge Panel

RULE AMENDED EFFECTIVE JANUARY 1, 2010

Where the matter is to be heard by a three-judge court, the original and 3 copies shall be filed in accordance with General Order 08-02 or any successor General Order. Central Dist. LR 11-4.2 (amended eff 1/1/10).

Carbon

RULE DELETED EFFECTIVE JANUARY 1, 2010

If a copy is a carbon, it must be the first carbon and clearly legible. Central Dist. LR 11-4.3 (deleted eff 1/1/10).

Conformed Copies

Copies shall be conformed to the original but need not be executed. Conformed copies shall be identical to the original in content, pagination, additions, deletions and interlineations. Central Dist. LR 11-4.4.

Request For Conformed Copy

RULE AMENDED EFFECTIVE JANUARY 1, 2010

If the party presenting a document for filing in paper format requests the Clerk to return a conformed copy by United States mail, an extra copy must be submitted by the party for that purpose accompanied by a postage-paid, self-addressed envelope. Central Dist. LR 11-4.5 (amended eff 1/1/10).

 

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