Central District of California Service and Proof of Service Rules

CRITICAL

Applies to

Jury instruction objections

Parties must exchange objections to jury instructions 28 calendar days before the Final Pretrial Conference (FPTC).

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

CRITICALCriminal cases

Applies to

Brady evidence

Government counsel must immediately produce Brady evidence to defense counsel upon discovery.

On government counsel’s discovery of any evidence within the scope of Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, such evidence shall be produced forthwith to defense counsel.

CRITICAL

Applies to

Order

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

NOTICE OF THIS ORDER: 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.

CRITICALCriminal cases

Counsel must promptly comply with discovery and notice requirements under Federal Rules of Criminal Procedure 12, 12.1, 12.2, 12.3, 12.4, 15, and 16.

Counsel shall comply promptly with discovery and notice pursuant to Rules 12, 12.1, 12.2, 12.3, 12.4, 15, and 16 of the Federal Rules of Criminal Procedure.

CRITICALCivil cases

Applies to

Motion in limine

The moving party must file and serve its motion by the schedule’s motions-in-limine filing date, and the responding party must file and serve its opposition by the date on the Order’s last page.

The moving party shall file with the Court and serve its Motion in Limine on the responding party on or before the date for filing of motions in limine indicated in the Schedule of Trial and Pretrial Dates. The responding party shall then file with the Court and serve an opposition to the Motion in Limine on the moving party on or before the date specified on the last page of this Order.

CRITICAL

A defendant not served within 90 days after filing of the case, including a Doe defendant, will be dismissed under Rule 4(m).

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

CRITICALCivil cases

Applies to

Standing order

Plaintiff must immediately serve this standing order on all parties who have not appeared.

Counsel for Plaintiff shall immediately serve this Order on all parties who have not yet appeared in this matter, including any new parties later added to the action.

CRITICAL

Applies to

Complaint

Plaintiff must promptly serve the complaint under Rule 4 and comply with the specified rules governing 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.

CRITICAL

Applies to

Proposed order

The proposed order must be served when filed by a party filing or opposing a motion or seeking a matter’s determination.

Each party filing or opposing a motion or seeking the determination of any matter shall file, serve, and electronically lodge a proposed order setting forth the relief or action sought and a brief statement of the rationale for the decision with appropriate citations.

CRITICALCriminal cases

Proposed voir dire questions must be served on opposing counsel at least one week before trial.

At least one week before trial, each counsel must file with the CRD and serve on opposing counsel any proposed questions to be asked of prospective jurors.

CRITICAL

Plaintiff’s counsel must immediately serve the Order on all parties, including any new parties.

Counsel for Plaintiff shall immediately serve this Order on all parties, including any new parties to the action.

CRITICAL

Deadline

14 calendar days

Applies to

Motion for review and reconsideration

A party may seek review and reconsideration by motion, which must be filed and served within 14 days after the specified written or oral ruling.

Any party may file and serve a motion for review and reconsideration before this court. See Local Rule 72-2. 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

In a case brought to the court by noticed removal, the Defendant must serve the Order on all other parties.

If this case came to the court by noticed removal, the Defendant shall serve this Order on all other parties.

CRITICAL

Deadline

2 hours

The redlined version must be delivered to opposing counsel at least two hours before the Local Rule 7-3 conference, and counsel must meet again if the plaintiff later revises it.

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.

CRITICALCivil cases

Applies to

Motion

Motions to join parties or amend pleadings must be served within 15 calendar days of the date of this order.

All motions to join other parties or to amend the pleadings shall be filed and served within fifteen (15) days of the date of this order.

CRITICALCivil cases

Applies to

Summons and complaint

Fictitiously named or DOE defendants must be served within 90 days of case filing to avoid dismissal.

Any “DOE” or fictitiously-named Defendant(s) who is not identified and served within 90 days after the case is filed shall be dismissed pursuant to Federal Rule of Civil Procedure 4(m).

CRITICALCivil cases

Written discovery requests must be served sufficiently in advance of the discovery cut-off date to allow time to challenge deficient responses.

All interrogatories, requests for production of documents, and requests for admission shall 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.

CRITICALCivil cases

Applies to

Ex parte application

Moving party must serve opposing party and notify them of opposing paper deadline for ex parte applications.

The moving party shall serve the opposing party and shall notify the opposition that opposing papers must be filed not later than 3:00 p.m. on the first business day following service.

CRITICALCivil cases

Applies to

Standing order

Plaintiff's counsel or pro se plaintiff must immediately serve this Order on all parties; removing defendant must serve all parties if case is removed.

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

CRITICALCivil cases

Applies to

Discovery motion

Discovery motions challenging adequacy of responses must be served sufficiently in advance of the discovery cut-off date to obtain responses before the cut-off if granted.

Any motion challenging the adequacy of responses to discovery must be filed timely, and 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.

CRITICALCivil cases

Applies to

Ex parte application

Petitioners under 18 U.S.C. 983(f) must serve an ex parte application within 3 days of this order.

Petitioner(s) shall file and serve within 3 days of the date of this order an ex parte application requesting a hearing on the Petition to ensure prompt resolution of the Petition in compliance with section 983(f)’s deadlines.

CRITICAL

Service

Electronic service to opposing party

If possible, the moving party shall serve the opposing party electronically. A party is considered served once the ex parte application has been e-filed. All parties registered for electronic service are notified of an 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.

If possible, the moving party shall serve the opposing party electronically. A party is considered served once the ex parte application has been e-filed. All parties registered for electronic service are notified of an 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

Temporary restraining order application

Ex parte TRO moving party must serve opposing party via email/fax/personal service, notify of opposing paper deadline, or certify under Rule 65/Local 65-1.

The moving party must serve the opposing party by email, fax, or personal service, and notify that party that opposing papers must be filed not later than 48 hours following service or by 3:00 p.m. on the first court day after the service, whichever is later, or certify pursuant to Rule 65 and Local Rule 65-1 the efforts made to give notice and reasons why it should not be required under the circumstances.

CRITICALCivil cases

Service

Mail

Notice of collective action must be mailed to putative plaintiffs one month after the hearing.

Deadline for Notice of Collective Action to be mailed to putative One month after plaintiffs hearing

CRITICAL

The parties must comply fully with the letter and spirit of Federal Rule of Civil Procedure 26(a) and produce discovery promptly.

The parties must comply fully with the letter and spirit of Federal Rule of Civil Procedure 26(a) and produce discovery promptly.

CRITICAL

Moving party must notify opposing party that ex parte oppositions are due 24 hours after service.

Following service of the ex parte application by electronic, facsimile, or personal service, the moving party shall notify the opposing party that any opposition must be filed no later than twenty-four (24) hours following service.

CRITICAL

Applies to

Ex parte application

Service

Electronic service to opposing party

Moving party must serve ex parte papers via electronic service, serve non-moving party via fax/email/personal service, and notify of opposing paper deadline.

Concurrently with service of the ex parte papers by electronic service and telephonic notice, counsel for the moving party shall also serve the non-moving party by either facsimile, email, or personal service, and give notice to the non-moving party that opposing papers must be filed no later than 24 hours (or one court day) following service.

CRITICALCivil cases

Applies to

Integrated motion

Opposing party must serve integrated motion (including joint brief, JAF, JAE) on moving party within 14 days of receiving moving papers, without modifying moving party's portions.

No later than fourteen (14) days after receiving the moving party’s papers, the opposing party shall personally deliver or email to the moving party an electronic copy of the integrated motion, which shall include the opposing party’s portion of the Joint Brief, Joint Appendix of Facts, and Joint Appendix of Evidence. The opposing party shall not modify in any way the moving party’s separate portions of the joint brief.

CRITICAL

Applies to

Pretrial detention review request

Pretrial detention review requests must be served on opposing counsel and Pretrial Services.

Any request for review of pretrial release conditions 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.

CRITICALCivil casesCourt notice

Applies to

Sealed document

Sealed documents are not accessible through the NEF, so they must be served by other means; the filer must print the NEF and serve it along 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 casesCourt notice

Applies to

Sealed document

Sealed documents must be served by means other than electronic service; print the NEF and serve it together 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.

CRITICAL

Applies to

Amended witness list

Service

Email to court

Amended Witness Lists must be emailed to SRM_Chambers@cacd.uscourts.gov in Microsoft Word format by 12pm Friday before trial.

Any Amended Witness List must be filed by 12:00 p.m. (noon) on the Friday before trial and emailed to SRM_Chambers@cacd.uscourts.gov in Microsoft Word format.

CRITICAL

Applies to

Standing order

Plaintiff's counsel must immediately serve this Standing Order on all parties; removing defendant must serve all parties if case removed from state court.

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

CRITICALCivil cases

Moving parties must deliver their Joint Brief portion, Joint Appendix of Facts, and Joint Appendix of Evidence to the opposing party via personal delivery or email within 14 days after the meet and confer.

No later than fourteen (14) days after the meet and confer, the moving party shall personally deliver or email 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 Joint Appendix of Facts and Joint Appendix of Evidence, see below. These documents should allow the opposing party to integrate content without modifying the moving party’s separate portions of the Joint Brief, Joint Appendix of Facts, and Joint Appendix of Evidence.

CRITICALCivil casesCourt notice

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.

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

Sentencing video transcript

Sentencing videos and transcripts must be provided to opposing counsel at least 21 days before the hearing.

provide the video and transcript to opposing counsel at least twenty-one (21) days before the hearing.

CRITICAL

Applies to

Amended exhibit list

Service

Email to court

Amended Exhibit Lists must be emailed to SRM_Chambers@cacd.uscourts.gov in Microsoft Word format by 12pm Friday before trial.

Any Amended Exhibit List must be filed by 12:00 p.m. (noon) on the Friday before trial and emailed to SRM_Chambers@cacd.uscourts.gov in Microsoft Word format.

CRITICAL

Applies to

Summons and complaint

Plaintiff must identify and serve Doe defendants before the scheduling conference deadline.

Plaintiff must identify and serve any fictitiously named or “Doe” defendant(s) before the deadline set forth in the Court’s Order Setting Scheduling Conference.

CRITICAL

Applies to

Summons and complaint

Defendants not served within 90 days of case filing are dismissed unless the plaintiff obtains an extension by justifying the need in a joint report.

Any defendant(s), including “DOE” or fictitiously named defendant(s), not served within 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

Ex parte application

Non-moving party in ex parte application must be served by fax, email, or personal service.

counsel for the moving party shall also serve the non-moving party by either facsimile, email, or personal service,

CRITICAL

Applies to

Summons and complaint

Plaintiffs must serve the summons and complaint in accordance with FRCP 4 and file proofs of service per FRCP 4(l).

The plaintiff(s) shall promptly serve a copy of the summons and complaint in accordance with Federal Rule of Civil Procedure 4 and file the proofs of service pursuant to Federal Rule of Civil Procedure 4(l).

CRITICAL

Applies to

E filed document

Service

Mail

E-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 e-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.

CRITICALCivil cases

Applies to

Joint brief

Service

Electronic service to opposing party

Opposing party must serve the integrated joint brief and appendices on the moving party within 14 days after receiving the moving party's papers.

No later than fourteen (14) days after receiving the moving party’s papers, the opposing party shall personally deliver or email to the moving party an electronic copy of the integrated motion, which shall include the opposing party’s portion of the Joint Brief, Joint Appendix of Facts, and Joint Appendix of Evidence.

CRITICALCivil cases

Applies to

Complaint

Any Defendant(s), including “DOE” or fictitiously-named Defendant(s), not served within 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.

Any Defendant(s), including “DOE” or fictitiously-named Defendant(s), not served within 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.

CRITICALCivil cases

Applies to

Complaint

Plaintiff must promptly serve the complaint per FRCP 4 and file proof of service per FRCP 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).

CRITICALCivil cases

Plaintiff must identify and serve Doe defendants before the scheduling conference deadline.

Plaintiff must identify and serve any fictitiously named or “Doe” defendant(s) before the deadline set forth in the Court’s Order Setting Scheduling Conference.

CRITICALCivil cases

Deadline

48 hours

Applies to

TRO application

TRO applications must be served by email, fax, or personal service with notice of opposition deadline of 48 hours or 3:00 p.m. next court day, whichever is later.

The moving party must 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, or certify pursuant to Rule 65 and Local Rule 65-1 the efforts made to give notice and reasons why it should not be required under the circumstances.

CRITICALCivil cases

Applies to

Joint brief

Service

Electronic service to opposing party

Moving party must serve its portion of the joint brief and appendices on the opposing party within 14 days after the meet and confer.

No later than fourteen (14) days after the meet and confer, the moving party shall personally deliver or email 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 Joint Appendix of Facts and Joint Appendix of Evidence, see below.

CRITICALCivil cases

Applies to

Proof of service

Plaintiff must file proof of service within three days after serving the operative complaint on all defendants.

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

CRITICALCivil cases

Applies to

Responses and objections

Moving party must serve responses and any objections within 7 days of receiving opposing party's materials.

No later than seven days after receiving these materials, the moving party shall provide to the opposing party its responses to the opposing party’s evidentiary objections, together with any objections to the opposing party’s evidence.