Central District of California Service and Proof of Service Rules

CRITICALCivil cases

Party served with subpoena/order to disclose sealed material must promptly notify designator in writing with copy of the subpoena/order.

If a party is served with a subpoena or a court order issued in other litigation that compels disclosure of any information or items designated in this action as CONFIDENTIAL, HIGHLY CONFIDENTIAL – ATTORNEY EYES ONLY, or HIGHLY CONFIDENTIAL – SOURCE CODE, that party must: a. Promptly notify the designator in writing. Such notification shall include a copy of the subpoena or court order.

CRITICAL

Counsel must exchange proposed jury instructions and verdict forms 14 days before the Rule 16-2 Meeting of Counsel.

At least fourteen (14) days before the Rule 16-2 Meeting of Counsel, counsel shall exchange proposed jury instructions and verdict form(s).

CRITICAL

Applies to

Unusual words list

Service

Email

Counsel must provide court reporter with list of unusual trial terms via email to kk_chambers@cacd.uscourts.gov at least 7 days before trial.

At least seven (7) days before trial, counsel for the parties shall provide the court reporter with a list of unusual words, phrases, and spellings that may come up during trial. This information should be emailed to the CRD at kk_chambers@cacd.uscourts.gov.

CRITICAL

Applies to

Ex parte application

Ex parte applications must be served by electronic mail or hand delivery, with opposing papers due within 24 business hours of service.

The moving party shall file and serve the opposing party by electronic mail or hand delivery and shall notify the opposing party that opposing papers must be filed not later than twenty-four hours following such electronic mail or hand service. The twenty-four-hour clock runs on business days only.

CRITICAL

Counsel must exchange objections to proposed jury instructions and verdict forms 7 days before the Rule 16-2 Meeting.

Seven (7) days before the Rule 16-2 meeting , counsel shall exchange any objections to the instructions and verdict form(s).

CRITICAL

Applies to

Proof of service

Failure to file timely proof of service for summons and complaint will result in case dismissal for failure to prosecute.

This Order serves as notice pursuant to Federal Rule of Civil Procedure 4(m) that failure by plaintiff(s) to file a timely proof of service of the summons and complaint will result in the dismissal of the case for failure to prosecute.

CRITICAL

Applies to

Summons and complaint

Failure to file a timely proof of service of the summons and complaint will result in dismissal of the case for failure to prosecute.

This Order serves as notice pursuant to Federal Rule of Civil Procedure 4(m) that failure by plaintiff(s) to file a timely proof of service of the summons and complaint will result in the dismissal of the case for failure to prosecute.

CRITICAL

Applies to

Motion for review reconsideration

Motion for review of magistrate judge’s order must be served within 14 days of service of the underlying ruling.

The moving party must file and serve the motion within fourteen (14) days of service of a written ruling or an oral ruling that the magistrate judge states will not be followed by a written ruling.

CRITICAL

Applies to

Complaint

Plaintiffs must promptly serve the complaint per FRCP 4 and file proofs of service per the Local Rules.

Plaintiff(s) shall promptly serve the complaint in accordance with Federal Rule of Civil Procedure 4 and file proofs of service pursuant to the Local Rules.

CRITICAL

Applies to

Discovery motion

A motion challenging the adequacy of discovery responses must be served and calendared early enough for responses to be obtained before the discovery cut-off if the motion is granted.

In addition, any motion challenging the adequacy of responses to discovery must be served and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date, if the motion is granted.

CRITICAL

Plaintiff's counsel or pro se plaintiff(s) must immediately serve this Order on all parties, including new parties; in removed cases, the removing defendant(s) must serve the Order on all other parties.

Counsel for plaintiff(s) or plaintiff(s) (if appearing on their 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.

CRITICAL

Applies to

Complaint

Plaintiffs must serve the complaint per FRCP 4 and file proofs of service as required by Local Rules.

Plaintiff(s) shall promptly serve the complaint in accordance with Federal Rule of Civil Procedure 4 and file proofs of service pursuant to the Local Rules.

CRITICAL

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

Last Day to Serve Rebuttal Expert Reports:

CRITICAL

Plaintiffs must serve fictitiously named defendants 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

Moving parties must file and serve motion withdrawals 7 days before hearing; opposing parties must file and serve opposition withdrawals 7 days before 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. 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

Evidentiary objections must be served and filed in writing at the same time as, but separately from, opposition or reply papers.

Evidentiary objections to a declaration submitted in connection with a motion or other matter shall be made in writing and served and filed at the same time as, but separately from, the opposition or reply papers.

CRITICALCivil cases

Applies to

Complaint

Proofs of service must be filed within three days of serving the complaint or responsive pleadings.

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

CRITICAL

Applies to

Complaint

Plaintiff must serve complaint per FRCP 4 and file proof of service per Local Rule 4(l).

The plaintiff shall promptly serve the complaint in accordance with Federal Rule of Civil Procedure 4 and file proof of service pursuant to Local Rule 4(l).

CRITICAL

Ex parte applications requesting extension of the 90-day service period for fictitiously named defendants must be served on all appearing parties.

The ex parte application shall be served upon all appearing parties

CRITICAL

Applies to

Ex parte application

Ex parte applications must be served via facsimile, email, or personal service, regardless of electronic service under Local Rule 5-3.2.1.

The applicant must serve the application by facsimile, email, or personal service, even if electronic service is effected under Local Rule 5-3.2.1.

CRITICAL

Applies to

Ex parte application

Counsel must provide advance notice of ex parte application by telephone and email to all other parties.

Counsel for the applicant must provide advance notice of the application by telephone and email to all other parties.

CRITICAL

Plaintiff is expected to ascertain the identity of, and serve, any fictitiously named defendant, within 90 days of the removal of the action to this Court.

Plaintiff is expected to ascertain the identity of, and serve, any fictitiously named defendant, within 90 days of the removal of the action to this Court.

CRITICALCivil cases

Proposed Findings of Fact and Conclusions of Law must be served on opposing counsel when filed (no later than 21 days before the FPTC).

For any trial requiring findings of fact and conclusions of law, counsel for each party shall, no later than 3 weeks (21 days) before the FPTC, file and serve on opposing counsel its Proposed Findings of Fact and Conclusions of Law in the format specified in Local Rule 52-3.

CRITICAL

Applies to

Responsive pleading

Defendants must timely serve and file their responsive pleadings and file proofs of service within three days.

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

CRITICAL

Service

Mail to all parties

Electronically filed documents must be served by mail the same day on parties not consenting to electronic service, with proof of service filed within 24 hours.

Any document that is electronically filed shall be served by mail that same day on any party or attorney who is not permitted or has not consented to electronic service, with a proof of service to be filed within 24 hours.

CRITICAL

Applies to

Order

Removing defendants in removed cases must serve this order on all other parties.

If this case was removed from state court, the removing defendant(s) shall serve this Order on all other parties.

CRITICAL

Applies to

Complaint

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

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

CRITICAL

Applies to

Order

Plaintiffs in court-initiated cases must immediately serve this order on all parties.

If this case was initiated in this Court, plaintiff(s) shall immediately serve this Order on all parties, including any new parties to the action.

CRITICAL

Applies to

Summons complaint

Summons and complaint must be served within 90 days per FRCP 4(m).

Rule 4(m) requires the summons and complaint to be served within 90 days.

CRITICAL

Each party must serve objections to the other party's proposed jury instructions and verdict forms ten days before the Local Rule 16-2 meeting.

Ten days prior to the Local Rule 16-2 meeting, each party shall serve objections to the other’s instructions and verdict forms.

CRITICAL

Discovery documents and requests for admissions must be served sufficiently in advance of the discovery cut-off to allow time to challenge deficient responses by motion.

documents and requests for admissions must be served sufficiently in advance of the discovery cut-off date to permit the discovering party enough time to challenge (via motion practice) responses deemed to be deficient.

CRITICAL

Applies to

Requests for admissions

Requests for admissions and related documents must be served early enough to allow motion practice on deficient responses before discovery cut-off.

documents and requests for admissions must be served sufficiently in advance of the discovery cut-off date to permit the discovering party enough time to challenge (via motion practice) responses deemed to be deficient.

CRITICAL

Parties must exchange their proposed jury instructions and special verdict forms fourteen days before the Local Rule 16-2 meeting.

Fourteen days before the Local Rule 16-2 meeting, the parties shall exchange their respective proposed jury instructions and special verdict forms.

CRITICAL

Applies to

Proof of service

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

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

CRITICAL

Applies to

Proof of service

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 promptly do so and shall file proofs of service within three days thereafter.

CRITICAL

Applies to

Exhibit

Counsel must show new exhibits to opposing counsel before the court session where the exhibit is mentioned.

Counsel must show a new exhibit to opposing counsel before the court session in which it is mentioned.

CRITICAL

Copies of this new document should be given to the Court and opposing counsel.

Copies of this new document should be given to the Court and opposing counsel.

CRITICAL

Service

Email to opposing party

Opposition or reply papers due on a holiday must be hand-delivered or emailed to opposing counsel on the preceding business day.

Opposition or reply papers due on a holiday must be filed the preceding business day (i.e., Thursday)—not the following business day (i.e., Monday)—and must be hand-delivered or emailed to opposing counsel on the preceding business day.

CRITICAL

Applies to

Order

Plaintiff's counsel or a self-represented plaintiff must immediately serve this Order on all parties, including any new parties to the action.

Counsel for plaintiff or plaintiff (if appearing on their own behalf) shall immediately serve this Order on all parties, including any new parties to the action.

CRITICAL

Advance notice of an ex parte application must be provided to all other parties by telephone and email.

Counsel for the applicant must provide advance notice of the application by telephone and email to all other parties.

CRITICAL

Applies to

Complaint

DOE or fictitiously-named defendants must be identified and served within 90 days after the case is filed, or they will be dismissed without prejudice.

Any “DOE” or fictitiously-named Defendant(s) who is not identified and served within 90 days after the case is filed shall be dismissed without prejudice pursuant to Fed. R. Civ. P. 4(m).

CRITICAL

Ex parte applications must be served by facsimile, email, or personal service even if electronic service is effected under Local Rule 5-3.2.1.

The applicant must serve the application by facsimile, email, or personal service, even if electronic service is effected under Local Rule 5-3.2.1.

CRITICAL

Applies to

Order

In removed actions, the removing defendant(s) must serve this Order on all other parties.

If this case came to the Court by a Petition for Removal, the removing defendant(s) shall serve this Order on all other parties.

CRITICAL

Applies to

Complaint

Plaintiff must promptly serve the Complaint per Fed. R. Civ. P. 4 and file proofs of service; defendants not timely served will be dismissed without prejudice.

The Plaintiff(s) shall promptly serve the Complaint in accordance with Fed. R. Civ. P. 4 and file the proofs of service pursuant to the Local Rules. Any Defendant(s) not timely served shall be dismissed from the action without prejudice.

CRITICALCriminal cases

Government counsel must disclose to defense counsel whether electronic surveillance evidence or informant testimony exists.

Government counsel shall also disclose to defense counsel the existence or non-existence of (1) evidence obtained by electronic surveillance and (2) testimony by a government informant.

CRITICAL

Applies to

Jury instructions

Parties must exchange proposed general and special jury instructions at least 35 calendar days before the Final Pretrial Conference (FPTC).

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

CRITICAL

Service

Email

Counsel must email a list of unusual words/phrases to the court reporter 7 days before trial starts.

At least seven (7) days before the commencement of trial, counsel for the parties shall provide the court reporter with a list of unusual words, phrases, and spellings that may come up during trial. This information should be emailed to Court Reporter Services at ReportersCACD@cacd.uscourts.gov.

CRITICAL

Copies of this new document must be provided to the Court and the opposing party.

Copies of this new document must be provided to the Court and the opposing party.

CRITICALCriminal cases

Exhibits must be provided to the Court and opposing counsel before being shown to a witness.

No document shall be placed before a witness unless a copy has been provided to the Court and opposing counsel.

CRITICAL

Counsel must show new exhibits to opposing counsel before the court session where the exhibit is first mentioned.

Counsel must show a new exhibit to opposing counsel before the court session in which it is mentioned.