Central District of California Service and Proof of Service Rules

CRITICALCivil cases

Applies to

Sealed document

Sealed documents are not accessible via NEF; filing party must serve by other means and include a certificate of service.

Documents electronically filed under seal will not be accessible through the Notice of Electronic Filing ("NEF"). The filing party is therefore responsible for serving all sealed documents and attachments on opposing counsel by other means. A certificate of service must be included with every sealed filing and a copy of the NEF should be served with the sealed document.

CRITICALCivil cases

Sealed documents must be served by other means (not electronic service); print the NEF and serve it with the sealed document on opposing counsel.

Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

CRITICALCivil cases

Applies to

Sealed document

Sealed documents must be served by other means (print and serve) because they are not accessible through the NEF.

Note, however, that while all case participants will receive a NEF, sealed document(s) will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

CRITICALCivil cases

If plaintiff has not already served the operative complaint on all defendants, plaintiff promptly must do so and must file proofs of service within three days thereafter. Defendants also must timely serve and file their responsive pleadings, and within three days thereafter, file proofs of service.

If plaintiff has not already served the operative complaint on all defendants, plaintiff promptly must do so and must file proofs of service within three days thereafter. Defendants also must timely serve and file their responsive pleadings, and within three days thereafter, file proofs of service.

CRITICALCivil cases

Applies to

Sealed document

Sealed documents must be served by other means (print NEF and serve with sealed declaration and unredacted document) because they are not accessible through NEF.

Therefore, you must serve all sealed documents by other means. Print the NEF and serve it, the sealed declaration, and the unredacted document on opposing counsel.

CRITICAL

Moving party must serve the nonmoving party by email, fax, or personal service in addition to complying with Local Rule 5-3.

Service must be made in compliance with Local Rule 5-3, and the moving party must also serve the nonmoving party by email, fax, or personal service.

CRITICAL

Applies to

Complaint

Plaintiffs must promptly serve the complaint under FRCP 4 and file proofs of service.

Plaintiffs must promptly serve the Complaint in accordance with Fed. R. Civ. P. 4 and file the proofs of service pursuant to Fed. R. Civ. P. 4.

CRITICAL

Deadline

21 calendar days

Applies to

Objections to jury instructions

Counsel must exchange objections to the proposed instructions 21 calendar days before the Final Pretrial Conference.

Counsel shall exchange any objections to the instructions 21 calendar days prior to the Final Pretrial Conference.

CRITICAL

Defendants must be served within 90 days after filing or will be dismissed without further notice, unless the plaintiff justifies additional time in the joint report and the Court grants an extension.

Any defendant(s), including “DOE” or fictitiously-named defendant(s), not served within ninety (90) days after the case is filed shall be dismissed pursuant to Fed. R. Civ. P. 4(m) and by operation of this Order without further notice, unless plaintiff requests and justifies the need for additional time in the joint report and the Court grants an extension.

CRITICAL

Applies to

Complaint

Plaintiffs must promptly serve the complaint under Rule 4 and file proof of service under Rule 4(l).

The plaintiff(s) shall promptly serve the complaint in accordance with Fed. R. Civ. P. 4 and file the proofs of service pursuant to Fed. R. Civ. P. 4(l).

CRITICAL

The moving party on an ex parte application (including TROs and preliminary injunctions) must serve the opposing party by email, fax, or personal service and notify that party of the opposition deadline.

The moving party must also serve the opposing party by email, fax, or personal service, and notify that party that opposing papers must be filed not later than forty-eight (48) hours following service or by 3:00 p.m. on the first court day after the service, whichever is later.

CRITICAL

Applies to

Standing order

A defendant that removed the case must serve this Standing Order on all other parties.

defendant that removed the case shall serve this Order on all other parties.

CRITICAL

Plaintiff’s counsel, or defense counsel if Plaintiff is pro se, must provide this Order to known parties who have not appeared or who appear later.

The plaintiff’s counsel or, if the plaintiff is appearing pro se, defense counsel, shall provide this Order to all known parties who have not yet appeared or who appear after the date of this Order.

CRITICAL

Applies to

Standing order

Plaintiff's counsel must immediately serve this Standing Order on all parties.

Counsel for the plaintiff shall immediately serve this Order on all parties,

CRITICAL

Applies to

Complaint

Plaintiffs must promptly serve the complaint under Fed. R. Civ. P. 4 and file proofs of service under Fed. R. Civ. P. 4(l).

The plaintiff(s) shall promptly serve the complaint in accordance with Fed. R. Civ. P. 4 and file the proofs of service pursuant to Fed. R. Civ. P. 4(l).

CRITICAL

Applies to

Standing order

Plaintiff’s counsel must immediately serve the Order on all parties, including newly added parties; in a removed case, the removing defendant must serve it on all other parties.

Counsel for the plaintiff shall immediately serve this Order on all parties, including any new parties to the action. If this case was removed from state court, the defendant that removed the case shall serve this Order on all other parties.

CRITICAL

Deadline

28 calendar days

Applies to

Jury instructions

Counsel must exchange proposed jury instructions (general and special) 28 calendar days before the Final Pretrial Conference.

Counsel shall exchange proposed jury instructions (general and special) 28 calendar days prior to the Final Pretrial Conference.

CRITICAL

Defendants, including Doe or fictitiously-named defendants, not served within 90 days after the case is filed are dismissed without further notice unless the Court grants a justified extension request.

Any defendant(s), including “DOE” or fictitiously-named defendant(s), not served within ninety (90) days after the case is filed shall be dismissed pursuant to Fed. R. Civ. P. 4(m) and by operation of this Order without further notice, unless the plaintiff requests and justifies the need for additional time and the Court grants an extension.

CRITICAL

The moving party must serve the opposing party by email, fax, or personal service and notify them that opposition papers are due 48 hours after service or by 3:00 p.m. on the first court day after service, whichever is later.

The moving party must also serve the opposing party by email, fax, or personal service, and notify that party that opposing papers must be filed not later than forty-eight (48) hours following service or by 3:00 p.m. on the first court day after the service, whichever is later.

CRITICAL

Bail review requests based on changed circumstances must be addressed first to the Magistrate Judge and served on both opposing counsel and Pretrial Services.

Any request for bail review based on changed circumstances or information not previously presented to the Magistrate Judge shall be addressed in the first instance to the Magistrate Judge and shall be served on both opposing counsel and Pretrial Services.

CRITICAL

Applies to

Summons and complaint

Plaintiff must promptly serve the operative complaint on all Defendants and file proofs of service of the summons and complaint within three days thereafter.

If Plaintiff has not already served the operative complaint on all Defendants, Plaintiff shall do so promptly and shall file proofs of service of the summons and complaint within three (3) days thereafter.

CRITICAL

Deadline

3 calendar days

If the operative complaint has not already been served on all Defendants, Plaintiff must serve it promptly and file proofs of service within three days afterward.

If Plaintiff has not already served the operative complaint on all Defendants, Plaintiff shall do so promptly and shall file proofs of service of the summons and complaint within three (3) days thereafter.

CRITICAL

The moving party on an ex parte application must serve the opposing party by email, fax, or personal service and notify that party of the opposition filing deadline.

The moving party must also serve the opposing party by email, fax, or personal service, and notify that party that opposing papers must be filed not later than forty-eight (48) hours following service or by 3:00 p.m. on the first court day after the service, whichever is later.

CRITICALCivil cases

Service

Electronic service

Opposing party must provide electronic integrated motion (including its joint brief portion, JAF, JAE) to moving party within 14 days of receiving moving papers.

No later than 14 days after receiving the moving party’s papers, the opposing party shall provide to the moving party an electronic copy of the integrated motion, which shall include the opposing party’s portion of the joint brief, JAF, and JAE.

CRITICALCivil cases

Service

Electronic service

Moving party must provide electronic copies of its joint brief portion, JAF, and JAE to opposing party within 7 days after meet and confer.

No later than seven days after the meet and confer, the moving party shall provide to the opposing party an electronic copy of the moving party’s portion of the joint brief, together with the moving party’s portion of the JAF and Joint Appendix of Evidence (JAE), see infra.

CRITICAL

Applies to

Ex parte application

Service

Electronic service to opposing party

Ex parte applications must be served electronically if possible; exempt defendants must be served by fax or personal service. Service is complete upon e-filing.

The moving party shall serve the opposing party electronically, if possible. A party is considered served once the ex parte application has been e-filed. All parties registered for electronic service are sent a notification of ECF filing each time a document is e-filed with a link to the document for one free view. Defendants exempt from electronic service must be served the ex parte application by facsimile or personal service. See Local Criminal Rules 49-1.2, 49-1.3.2(b); Local Civil Rule 5-3.

CRITICAL

Applies to

Summons and complaint

Plaintiff must serve the complaint promptly and file proof of service within 3 days.

If Plaintiff has not already served the operative complaint on all Defendants, Plaintiff shall do so promptly and shall file proofs of service of the summons and complaint within three (3) days thereafter.

CRITICAL

Bail review requests based on changed circumstances must first be addressed to the Magistrate Judge and served on opposing counsel and the United States Probation and Pretrial Services Office.

Any request for bail review based on changed circumstances or information not previously presented to the Magistrate Judge shall be addressed in the first instance to the Magistrate Judge and shall be served on both opposing counsel and the United States Probation and Pretrial Services Office.

CRITICAL

Parties must exchange objections to jury instructions 28 days before FPTC.

Twenty-eight (28) days before the FPTC: The parties shall exchange any objections to the instructions.

CRITICAL

Parties must exchange proposed jury instructions 35 days before FPTC.

Thirty-five (35) days before the FPTC: The parties shall exchange proposed general and special jury instructions.

CRITICAL

Applies to

Proposed findings of fact and conclusions of law

Proposed Findings of Fact and Conclusions of Law must be served on opposing party 28 days before FPTC.

For any trial requiring findings of fact and conclusions of law, each party shall file and serve on the opposing party, no later than twenty-eight (28) days before the FPTC, its Proposed Findings of Fact and Conclusions of Law in the format specified in Local Rule 52-3.

CRITICALCivil cases

Applies to

Standing order

Plaintiff's counsel must serve this standing order on all parties immediately.

Counsel for plaintiff must immediately serve this order on all parties, including any new parties to the action.

CRITICALCivil cases

Plaintiff must file proof of service within 3 days after serving the complaint.

If plaintiff has not already served the operative complaint on all defendants, plaintiff must do so promptly and must file proofs of service within three days thereafter.

CRITICALCivil cases

Applies to

Standing order

In removed cases, the removing defendant must serve this standing order on all other parties.

If this case was removed from state court, the defendant that removed the case must serve this Order on all other parties.

CRITICALCivil cases

Sealed documents must be served by other means (not e-service); print the NEF and serve it with the sealed document on opposing counsel.

Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

CRITICALCivil cases

Applies to

Sealed document

Sealed documents must be served by other means (print NEF and serve with sealed document) because they are not accessible through the NEF.

Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

CRITICALCivil cases

Applies to

Sealed document

Sealed documents must be served by other means because they are not accessible through the NEF; print the NEF and serve it with the sealed document on opposing counsel.

Note, however, that while all case participants will receive a NEF, sealed document(s) will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it and the sealed document on opposing counsel.

CRITICALCivil cases

Sealed documents must be served on opposing counsel by other means (not via NEF); certificate of service required; copy of NEF should be served with sealed document.

Documents electronically filed under seal will not be accessible through the Notice of Electronic Filing ('NEF'). The filing party is therefore responsible for serving all sealed documents and attachments on opposing counsel by other means. A certificate of service must be included with every sealed filing and a copy of the NEF should be served with the sealed document.

CRITICALCivil cases

Applies to

Sealed document

Sealed documents must be served by other means because they are not accessible through the NEF.

Note, however, that while all case participants will receive a NEF, sealed documents will not be accessible through the NEF. All sealed documents will be restricted from viewing. Therefore, you must serve all sealed documents by other means. Print the NEF and serve it, the sealed declaration, and the unredacted document on opposing counsel.

CRITICALCivil cases

Applies to

Proof of service

Proofs of service must be filed within 3 days after service of summons and complaint.

If Plaintiff has not already served the operative complaint on all Defendants, Plaintiff shall do so promptly and shall file proofs of service of the summons and complaint within three (3) days thereafter.

CRITICALCivil cases

Proposed Findings of Fact and Conclusions of Law must be served on the opposing party.

each party shall file and serve on the opposing party, no later than twenty-eight (28) days before the FPTC, its Proposed Findings of Fact and Conclusions of Law

CRITICALCivil cases

Applies to

Jury instructions

Parties must exchange proposed jury instructions 35 days before the final pretrial conference.

Thirty-five (35) days before the FPTC: The parties shall exchange proposed general and special jury instructions.

CRITICALCivil cases

Applies to

Jury instructions

Parties must exchange objections to jury instructions 28 days before the final pretrial conference.

Twenty-eight (28) days before the FPTC: The parties shall exchange any objections to the instructions.

CRITICAL

Applies to

Complaint

Plaintiff must promptly serve the complaint per Fed. R. Civ. P. 4 and 5 and file required proofs of service per Local Rule 5-3.1.2.

Plaintiff shall promptly serve the complaint in accordance with Fed. R. Civ. P. 4 and 5 and file the proofs of service pursuant to Local Rule 5-3.1.2.

CRITICAL

Ex parte applications must be electronically served if possible; parties on e-service are deemed served upon e-filing, and parties set up for fax or mail service must be served by fax or personal service.

The moving party shall electronically serve the opposing party, if possible. A party is considered served once the ex parte application has been e-filed (all parties set up for electronic service are sent a notification of ECF filing each time a document is e-filed with a link to the document for one free view). For those parties set up for service by fax or mail, the ex parte application must be served by fax or personal service.

CRITICAL

Applies to

Initial standing order

Plaintiff's counsel must immediately serve this Standing Order on all parties and their counsel; defendants that removed the case from state court must serve the Order on all other parties.

Counsel for plaintiff(s) shall serve this Order immediately on all parties and/or their counsel, including any new parties to the action. If this case was removed from state court, defendant(s) who removed the case shall serve this Order on all other parties.

CRITICAL

Applies to

Responsive pleading

Defendants must file proof of service within 3 days of serving responsive pleadings.

Defendants shall also timely file and serve their responsive pleadings and file proofs of service within three (3) days thereafter, in compliance with the requirements of Local Rule 5-3.2.

CRITICAL

Applies to

Complaint

Plaintiff must file proof of service within 3 days of serving the complaint.

If Plaintiff has not already served the operative complaint on all Defendants, Plaintiff shall do so promptly and shall file proofs of service within three (3) days thereafter.

CRITICAL

Deadline

2 hours

Redlined amended pleading must be delivered to opposing counsel at least 2 hours before Local Rule 7-3 conference prior to filing motion to amend.

Before a motion to amend is filed, the redlined version also must be delivered to opposing counsel at least two hours in advance of the Local Rule 7-3 conference; and if the plaintiff later changes the delivered version, counsel will be required to meet again about the revised pleading.

CRITICAL

Applies to

Complaint

Plaintiff must serve complaint per FRCP 4 and comply with FRCP 4(l) and Local Rule 5-3 for all proofs of service.

Plaintiff shall promptly serve the complaint in accordance with Federal Rule of Civil Procedure 4 and shall comply with Federal Rule of Civil Procedure 4(l) and Local Rule 5-3 with respect to all proofs of service.