Central District of California Service and Proof of Service Rules

CRITICALCivil cases

Applies to

Objections

Opposing party must serve objections on moving party concurrently with joint brief, JAF, and JAE.

The party opposing summary judgment shall provide the moving party with any objections to the moving party’s evidence at the same time that it provides its portion of the joint brief, the JAF, and the JAE.

CRITICAL

Applies to

Complaint

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

The plaintiff must promptly serve the complaint in accordance with Federal Rule of Civil Procedure 4 and must comply with Local Rule 5-3 with respect to all proofs of service.

CRITICAL

Applies to

Standing order

Plaintiff's counsel must serve the standing order immediately on all parties; in removed actions, defendant's counsel must serve it.

Plaintiff’s counsel must serve this Order immediately on all parties and/or their attorney(s), including any new parties to the action. If this action came to the Court through noticed removal, Defendant’s counsel must immediately serve this Order on all other parties.

CRITICAL

Applies to

Amended witness list

Service

Email

Amended witness lists must be filed, emailed to Chambers in Word format by noon on Friday before trial.

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

CRITICAL

Applies to

Scheduling order

Counsel must deliver a copy of this order and the court's scheduling order to their clients.

Counsel are ordered to deliver to their clients a copy of this Order and of the Court’s Scheduling Order, which will contain the schedule the Court sets at the Scheduling Conference.

CRITICAL

Applies to

Summons and complaint

Plaintiff must serve operative complaint on all defendants promptly if not already served, and file proofs of service within 3 calendar days of service.

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

Applies to

Disclosure

Government counsel must disclose existence/non-existence of electronic surveillance evidence and government informant testimony to defense counsel.

Counsel for the government must also disclose to counsel for the defendant the existence or non-existence of (1) evidence obtained by electronic surveillance and (2) testimony by a government informant.

CRITICAL

Ex parte applications must be served electronically if possible, with exempt defendants receiving fax or personal service, and service deemed complete upon e-filing.

The moving party must 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

Responsive pleading

Defendants must timely serve and file responsive pleadings in compliance with Local Rule 5-3.2.

Defendants also shall timely serve and file their responsive pleadings and comply with the requirements of Local Rule 5-3.2.

CRITICAL

Counsel must comply with specified Federal Rules of Criminal Procedure for discovery, and the government must promptly produce Brady/Giglio evidence to the defense.

Counsel must comply with all notice and discovery obligations set forth in Federal Rules of Criminal Procedure 12, 12.1–12.4, 15, and 16. The government must promptly produce to counsel for the defendant any evidence falling within the scope of Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), Roviaro v. United States, 353 U.S. 53 (1957), and United States v. Henthorn, 931 F.2d 29 (9th Cir. 1991).

CRITICAL

Applies to

Notice of withdrawal

A party withdrawing a motion or no longer opposing one must promptly file and serve a notice of withdrawal.

Per Local Rule 7-16, any moving party who intends to withdraw its motion prior to the hearing date, or any opposing party who no longer intends to oppose a motion, must promptly file and serve a notice of withdrawal of the motion or opposition.

CRITICAL

Applies to

Amended exhibit list

Service

Email

Amended exhibit lists must be filed, emailed to Chambers in Word format by noon on Friday before trial.

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

CRITICAL

Applies to

Bail review request

Bail review requests under 18 U.S.C. § 3142(f)(2)(b) must be served on opposing counsel and Pretrial Services.

Any request for bail review made under 18 U.S.C. § 3142(f)(2)(b) based on changed circumstances or information not previously presented to the Magistrate Judge must be addressed in the first instance to the Magistrate Judge and must be served on both opposing counsel and Pretrial Services.

CRITICAL

The party offering deposition evidence must serve the joint index on all parties when lodging it under L.R. 32-1.

d. and, at the time of lodging under L.R. 32-1, the party 3 offering the evidence must serve and file a joint index on all 4 parties and the Court that reflects (1) the portions of the 5 depositions offered, (2) which party is offering them, (3) the pages and lines being offered, (4) any objections to each designation, and (5) the grounds for all objections.

CRITICAL

Applies to

Scheduling order

Plaintiff's counsel (or defendant's counsel if plaintiff pro se) must provide this order to parties appearing after order date or known but not yet entered.

Plaintiff’s counsel or, if Plaintiff is appearing pro se, Defendant’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.

CRITICAL

Applies to

Civil standing order

Plaintiff's counsel must immediately serve the civil standing order on all parties and their attorneys, including any newly added parties.

Plaintiff’s counsel must serve this Order immediately on all parties and/or their attorney(s), including any new parties to the action.

CRITICAL

Applies to

Complaint

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

The plaintiff must promptly serve the complaint in accordance with Federal Rule of Civil Procedure 4 and must comply with Local Rule 5-3 with respect to all proofs of service.

CRITICAL

Applies to

Civil standing order

In actions removed to this Court, Defendant's counsel must immediately serve the standing order on all other parties.

If this action came to the Court through noticed removal, Defendant’s counsel must immediately serve this Order on all other parties.

CRITICAL

Applies to

Ex parte application

Ex parte moving party must serve opposing party by email, fax, or personal service.

The moving party must also serve the opposing party by email, fax, or personal service,

CRITICAL

Applies to

Complaint

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). 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.

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). 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

Defendants not served within 90 days of filing will be dismissed unless plaintiff requests and 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

Deadline

48 hours

Applies to

Ex parte application

Moving party must serve opposing party by email, fax, or personal service and notify them of the opposition deadline (48 hours or 3:00 PM next court day).

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

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).

CRITICAL

Plaintiff's counsel must immediately serve this Order on all parties; if the case was removed, the removing defendant must serve it.

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

CRITICAL

Plaintiff must identify and serve Doe defendants before the deadline in the Order Setting Scheduling Conference.

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

Applies to

Joint motion in limine

Service

Email to opposing party

Moving parties must email their portion of the joint motion in limine to the nonmoving party 9 days before the filing deadline; nonmoving parties must provide the integrated joint motion and exhibits to the moving party 2 days before the filing deadline; moving parties may only make finalizing revisions and are responsible for filing the joint motion and supporting exhibits.

The moving party must provide its portion of the joint motion in limine to the nonmoving party, via e-mail, no later than nine days before the deadline set forth below for filing motions in limine. The nonmoving party shall then provide the integrated joint motion in limine, along with any exhibits, to the moving party no later than two days before the filing deadline. (The moving party may not make any further revisions to the joint motion in limine other than finalizing it for filing.) The moving party shall be responsible for filing the joint motion in limine and preparing and filing any supporting exhibits.

CRITICALCivil cases

The Court expects that the moving party will provide more than the minimum twenty-one day notice for such motions.

The Court expects that the moving party will provide more than the minimum twenty-one day notice for such motions.

CRITICALCivil cases

Applies to

Notification

(b) promptly notify in writing the party who caused the subpoena or order to issue in the other litigation that some or all of the material covered by the subpoena or order is subject to this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and

(b) promptly notify in writing the party who caused the subpoena or order to issue in the other litigation that some or all of the material covered by the subpoena or order is subject to this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and

CRITICALCivil cases

Applies to

Notification

Party served with subpoena for protected material must promptly notify designating party in writing, including a copy of the subpoena or court order.

(a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order;

CRITICAL

Written discovery must be served early enough to allow motions on deficient responses before the discovery cut-off date.

All interrogatories, requests for production of 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

Jury instructions

Plaintiff must serve proposed jury instructions and verdict forms 14 days before Local Rule 16-2 meeting; defense must serve objections within 7 days, and all counsel must attempt to agree on instructions before/at the meeting.

At least 14 days before the meeting of counsel required by Local Rule 16-2 (which must occur at least 40 days before the date set for the Final Pretrial Conference), counsel for plaintiff(s) must serve on defense counsel proposed jury instructions and proposed verdict/special verdict forms. Within seven (7) days, defense counsel must serve objections, if any, to those instructions and verdict forms, as well as any proposed alternative or additional instructions and verdict forms. Before or at the Rule 16-2 meeting, counsel must attempt to come to agreement on the proposed jury instructions and verdict forms.

CRITICAL

Applies to

Exhibit

Counsel must show new exhibits to opposing counsel before mentioning them in court.

To save time, counsel must show a new exhibit to opposing counsel before it is mentioned in court.

CRITICAL

Applies to

Deposition

Trial depositions must be provided to the CRD by the first day of trial or earlier; counsel should verify receipt.

All depositions to be used at trial, either as evidence or potentially for impeachment, must be provided to the CRD on the first day of trial or such earlier date as the Court may order. Counsel should verify with the CRD that the relevant deposition is in the CRD’s possession.

CRITICALCivil cases

Applies to

Sealed document

Sealed documents must be served on opposing counsel by means other than NEF, with a certificate of service and copy of NEF.

Service of 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

Sealed document

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

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

Applies to

Sealed 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.

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

Sealed document

Sealed documents cannot be accessed via NEF, so parties must serve sealed documents and the NEF on opposing counsel using non-electronic service methods.

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

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

WARNING

Applies to

Standing order

Plaintiff's counsel (or plaintiff if pro se) must immediately serve this Order on all parties, and the removing defendant must do so in removed cases.

Counsel for plaintiff (or plaintiff, if appearing pro se) must immediately serve this Order on all parties, including any new parties to the action. If this case was removed to this Court from state court, the removing defendant(s) must serve this Order on all other parties.

WARNING

The plaintiff should identify and serve fictitiously named defendants before the deadline in the Order Setting Scheduling Conference.

The plaintiff should identify and serve fictitiously named defendant(s) before the deadline set forth in the Court’s Order Setting Scheduling Conference.

WARNING

Defendants must timely serve and file any responsive pleadings not already served and filed.

Defendants also shall timely serve and file their responsive pleadings (if not previously done) and comply with the requirements of Local Rule 5-3.2.

WARNING

Applies to

Scheduling order

Counsel must provide this scheduling order to all known parties who have not yet appeared or who appear after the order date.

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.

WARNING

Applies to

Order

Plaintiff's counsel must promptly serve a copy of this Order on all defendants' counsel; if the case was removed, the removing defendant must serve it on all parties of record.

Counsel for plaintiff is responsible for promptly serving a copy of this Order on all defendants’ counsel. If this case came to the Court via removal, the removing defendant shall promptly serve a copy of this Order on all parties of record.

WARNINGCivil cases

Applies to

Proposed findings of fact and conclusions of law

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

Counsel for each party shall, no later than twenty-one (21) days prior to the Final Pretrial Conference, file and serve on opposing counsel their Proposed Findings of Fact and Conclusions of Law in the form specified in Local Rule 52-3.

WARNINGCivil cases

Applies to

Summons and complaint

Court expects service of initial pleadings sooner than the 90-day limit and may require plaintiff to show cause for undue delay.

Although Fed.R.Civ.P., Rule 4(m) does not require the summons and complaint to be served for as much as 90 days, the Court expects that the initial pleadings will be served much sooner than that, and will require plaintiff to show cause before then if it appears that there is undue delay.

WARNINGCivil cases

Plaintiff normally expected to serve fictitiously named defendants within 120 days of removal.

Plaintiff is normally expected to ascertain the identity of and serve any fictitiously named defendants within 120 days of the removal of the action to this Court.

WARNINGCivil cases

The removing Defendant (or Plaintiff in non-removed cases) must promptly serve this Order on all other parties.

If this case was removed to this Court, then the removing Defendant is DIRECTED forthwith to serve this Order on all other parties. Otherwise, Plaintiff is DIRECTED forthwith to serve this Order on all parties.

WARNING

The Courtroom Deputy Clerk must serve this Order on counsel for all parties by personal service, electronic service, or mail.

The Courtroom Deputy Clerk is DIRECTED to serve a copy of this Order personally, electronically, or by mail on counsel for all parties to this action.

WARNING

Applies to

Order

Counsel must provide this Order to newly appearing parties and known parties not yet appeared.

Plaintiff’s counsel or, if plaintiff is appearing pro se, defendant’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.

WARNING

Applies to

Complaint

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

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.