Central District of California Service and Proof of Service Rules

CRITICALCivil cases

Applies to

Sealed document

Sealed documents must be served by other means (not through 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 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

Motion in limine

Motions in limine must be filed and served under Local Rule 6-1, with briefing under Local Rules 7-9 through 7-10.

All www.cacd.uscourts.gov 3 jls_chambers@cacd.uscourts.gov ===== PAGE 4 ===== motions in limine must be filed and served in compliance with Local Rule 6-1, and the briefing schedule is that specified in Local Rules 7-9 through 7-10.

CRITICAL

Deadline

3 calendar days

Applies to

Complaint

If the complaint or an amendment has not already been served on all defendants, the plaintiff must serve it promptly and file proof of service within three days afterward.

If plaintiff has not already served the complaint (or any amendment thereto) on all defendants, plaintiff shall promptly do so and shall file proofs of service within three (3) days thereafter.

CRITICALCivil cases

Applies to

Sealed document

Sealed documents must be served by other means; 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 (not through NEF); serve the NEF, sealed declaration, and unredacted document on opposing counsel.

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

Deadline

21 calendar days

Applies to

Memorandum of contentions of fact and law

The memoranda must be served no later than 21 calendar days before the Final Pretrial Conference.

The Memoranda of Contentions of Fact and Law will be served no later than twenty-one (21) calendar days before the Final Pretrial Conference.

CRITICALCivil cases

Applies to

Sealed document

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

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 by other means (not via 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.

CRITICAL

Plaintiff’s counsel must provide the Order to later-appearing or known but nonappearing parties; if the plaintiff is pro se and the defendant is represented, defendant’s counsel must provide it.

Plaintiff’s counsel shall provide this Order to any parties who first appear after the date of this Order and to parties who are known to exist but have not yet entered appearances. If plaintiff is appearing pro se, but defendant is represented by counsel, defendant’s counsel shall provide this notice.

CRITICALCivil cases

A motion concerning inadequate discovery responses must be served no later than ten days after the discovery cut-off date.

Any motion regarding the inadequacy of responses to discovery must be filed and served not later than ten (10) days after the discovery cut-off date.

CRITICALCivil cases

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

CRITICAL

Deadline

3 calendar days

Applies to

Responsive pleading

Defendants must timely serve and file responsive pleadings and file proof of service within three days afterward.

Defendants also shall timely serve and file their responsive pleadings and file proofs of service within three days thereafter.

CRITICALCivil cases

Applies to

Ex parte application

Ex parte application to extend time to serve fictitiously named defendants must be served on all appearing parties.

The ex parte application shall be served upon all appearing parties, and shall state that appearing parties may comment within seven (7) days of the filing of the ex parte application.

CRITICALCriminal cases

Deadline

24 hours

After the court rules, the filer must serve conformed under seal documents on all parties and file a proof of service within 24 hours of receiving the conformed copies from the clerk.

After the Court rules on the application, the Courtroom Deputy Clerk will e-mail conformed copies of the necessary documents to the filer. The filer is required to serve copies of the conformed under seal documents on all other parties, as necessary, and file a proof of service within 24 hours of the Clerk returning the conformed copies of the documents.

CRITICALCivil cases

Service

Personal service

Motions other than Motions in Limine must be hand-served and filed by eleven weeks before trial, subject to the noted extended notice requirements for summary judgment motions.

Last day for hand-serving motions and filing -11 (other than Motions in Limine). Please note extended notice requirements for motions for summary judgment under F.R.Civ. P. 56(c).

CRITICALCivil cases

Applies to

Ex parte application

Plaintiff must provide notice to all appearing parties when filing an ex parte application for substitution of a fictitiously named defendant.

If consent is withheld or denied, plaintiff may apply ex parte requesting such amendment, with notice to all appearing parties.

CRITICALCivil cases

Service

Personal service

Motions in Limine must be hand-served no later than six weeks before trial.

Last day for hand-serving Motions in Limine -6

CRITICAL

Applies to

Complaint

Plaintiff must serve the complaint promptly per FRCP 4 and file proof of service per Local Rule 5-3.1.

Plaintiff shall serve the Complaint promptly in accordance with Fed. R. Civ. P. 4 and file the proofs of service pursuant to L.R. 5-3.1.

CRITICAL

Applies to

Standing order

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

If this case came to the Court by noticed removal, the removing Defendant(s) shall serve this Order on all other parties.

CRITICAL

Applies to

Standing order

Plaintiff must serve the standing order on all parties with the summons and complaint.

Plaintiff(s) shall immediately serve this Order on all parties along with the Summons and Complaint.

CRITICAL

Applies to

Sealed document

All sealed documents must be served by non-electronic means, with the NEF and sealed document served 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.

CRITICAL

Applies to

Sealed document

Sealed documents must be served by other means; print and serve NEF and sealed document on opposing counsel.

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.

CRITICAL

Applies to

Sealed document

Sealed documents are not accessible via NEF and must be served by other means on opposing counsel, along with the NEF and unredacted document.

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.

CRITICAL

Applies to

Sealed document

Sealed documents are restricted from viewing; case participants receive a NEF for sealed filings but cannot access the sealed document via 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.

CRITICAL

Applies to

Sealed document

Sealed documents cannot be served via NEF; they must be served by other means, with a printed NEF, to 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.

CRITICAL

Sealed documents are not accessible via NEF; filing party must serve on opposing counsel by other means, include certificate of service, and serve copy of NEF with sealed documents.

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

CRITICALCivil cases

Applies to

Complaint

Plaintiff must serve the complaint promptly per Rule 4 and file proof of service per Local Rule 5-3.1.

Plaintiff shall serve the Complaint promptly in accordance with Rule 4 of the Federal Rules of Civil Procedure and shall file the proofs of service pursuant to L.R. 5-3.1.

CRITICALCivil cases

Plaintiff must promptly serve the Complaint per Rule 4 and file proof of service per Local Rule 5-3.1.

Plaintiff shall serve the Complaint promptly in accordance with Rule 4 of the Federal Rules of Civil Procedure and shall file the proofs of service pursuant to L.R. 5-3.1.

CRITICAL

Withdrawals of motions and oppositions must be served as well as filed.

Any moving party who intends to withdraw the motion before the hearing date shall file and serve a withdrawal of the motion, not later than seven (7) days preceding the hearing. Any opposing party who no longer intends to oppose the motion, shall file and serve a withdrawal of the opposition, not later than seven (7) days preceding the hearing.

CRITICAL

Deadline

21 calendar days

Each party must prepare and serve proposed findings of fact and conclusions of law on opposing counsel 21 calendar days before trial.

Twenty-one calendar days before the trial date, each party shall prepare and serve on opposing counsel copies of the proposed Findings of Fact and Conclusions of Law.

CRITICAL

Plaintiff must promptly serve complaint per FRCP 4, file proof of service, and show good cause to extend service beyond 90 days.

The plaintiff shall promptly serve the complaint in accordance with Rule 4 and file the proofs of service. Although Rule 4(m) allows 90 days for service of the summons and complaint, the Court expects service to be effectuated more promptly. The Court will require plaintiffs to show good cause to extend the service deadline beyond 90 days.

CRITICALCivil cases

Applies to

Proposed final pretrial conference order

Service

Email to court

Proposed Final Pretrial Conference Order must be emailed to the Court on the date lodged.

Counsel are directed to email to the Court a Microsoft Word version of the (Proposed) Final Pretrial Conference Order on the date it is lodged.

CRITICALCivil cases

Service

Email to court

Counsel must email Microsoft Word versions of (Proposed) Findings of Fact and Conclusions of Law to chambers email address in addition to filing.

In addition to filing, counsel must email Microsoft Word versions of their (Proposed) Findings of Fact and Conclusions of Law to the chambers email address.

CRITICAL

Applies to

Complaint

Plaintiff must file proof of service within 3 calendar days after serving the complaint or any amendment thereto.

If plaintiff has not already served the complaint (or any amendment thereto) on all defendants, plaintiff shall promptly do so and shall file proofs of service within three (3) days thereafter.

CRITICALCriminal cases

Applies to

Witness list

Defense counsel must provide 5 copies of witness list (non-defendant witnesses) to CRD before starting defense case.

If defense counsel intends to call witnesses other than the defendant, five copies of defendant’s witness list shall be provided to the CRD prior to the start of defendant’s case.

CRITICAL

Deadline

24 hours

Service

Email to opposing party

Filers must serve conformed copies of under-seal filings via email and e-file proof of service within 24 hours of receiving conformed copies.

The filer must promptly serve conformed copies of under-seal filings on the other party via email and must, within 24 hours of receiving the conformed copies, electronically file on the public docket proof of such service that includes the information set forth in Local Civil Rule 5-3.1.2.

CRITICALCivil cases

Deadline

21 calendar days

Applies to

Memorandum of contentions of fact and law

Memoranda of Contentions of Fact and Law must be served 21 calendar days before the Final Pretrial Conference.

The Memoranda of Contentions of Fact and Law will be served no later than twenty-one (21) calendar days before the Final Pretrial Conference.

CRITICALCriminal cases

Applies to

Exhibit

Defense counsel must affix completed exhibit tags to original exhibits, provide 1 copy to government counsel and 2 copies to CRD for each exhibit.

defense counsel is responsible for affixing completed exhibit tags to the original of each exhibit they intend to introduce during the trial, and for providing government counsel with one copy and the CRD with two copies of each exhibit.

CRITICALCriminal cases

Proof of service for sentencing position statements must include the assigned U.S. Probation Officer.

and the proof of service shall reflect service on the assigned United States Probation Officer.

CRITICAL

Plaintiff’s counsel or pro se plaintiff must immediately serve this Order on all parties; removing defendants in removed cases must serve all other parties.

Plaintiff’s counsel or plaintiff (if appearing on his or her own behalf) shall immediately serve this Order on all parties, including any new parties to the action. If this case was removed from state court, the removing defendant(s) shall serve this Order on all other parties.

CRITICALCivil cases

Deadline

21 calendar days

Applies to

Memoranda of contentions of fact and law

Memoranda of Contentions of Fact and Law must be served 21 calendar days before Final Pretrial Conference.

The Memoranda of Contentions of Fact and Law will be served no later than twenty-one (21) calendar days before the Final Pretrial Conference.

CRITICAL

Applies to

Responsive pleading

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

Defendants also shall timely serve and file their responsive pleadings and file proofs of service within three days thereafter.

CRITICALCriminal cases

Applies to

Voir dire questions

Counsel must serve special voir dire questions on opposing counsel at least 4 court days before trial.

At least four (4) court days prior to trial, each counsel shall file and serve on opposing counsel any special questions requested to be put to prospective jurors by the Court during voir dire.

CRITICAL

Deadline

7 calendar days

Applies to

Motion withdrawal

A moving party withdrawing a motion must serve the withdrawal at least seven days before the hearing.

Any moving party who intends to withdraw the motion before the hearing date shall file and serve a withdrawal of the motion, not later than seven (7) days preceding the hearing.

CRITICAL

Fictitiously named defendants must be served before the Rule 16(b) scheduling conference.

Plaintiff(s) must ascertain the identity of and serve any fictitiously named defendants before the date of the Rule 16(b) scheduling conference.

CRITICAL

Applies to

Complaint

Defendants not timely served are dismissed from the action without prejudice.

any defendant(s) not timely served will be dismissed from the action without prejudice

CRITICAL

Applies to

Complaint

Doe or fictitiously named defendants must be identified and served within 90 days of case filing or face dismissal per FRCP 4(m).

any “Doe” or fictitiously named defendant who is not identified and served within ninety (90) days after the case is filed will be dismissed pursuant to Federal Rule of Civil Procedure 4(m).

CRITICAL

Initial expert reports must be served by the Last Day to Serve Initial Expert Reports.

Last Day to Serve Initial Expert Reports:

CRITICAL

The CRD must serve the Order on counsel for all parties by personal service, electronic service, or mail.

The CRD is ordered to serve a copy of the Order personally, electronically, or by mail on counsel for all parties to this action.

CRITICAL

Deadline

7 calendar days

Applies to

Opposition withdrawal

An opposing party no longer opposing a motion must serve the withdrawal of opposition at least seven days before the hearing.

Any opposing party who no longer intends to oppose the motion, shall file and serve a withdrawal of the opposition, not later than seven (7) days preceding the hearing.