LOCAL RULES - CENTRAL DISTRICT OF CALIFORNIA

power of the Court and who is reasonably available to the party offering the
declaration may serve by hand (or facsimile or by electronic filing) and file a
notice of request to cross-examine such declarant. If the party offering the
declaration disputes that the declarant is within the subpoena power of the
Court and reasonably available to the offering party, such party shall serve
and file an objection to the notice of request to cross-examine not later than
eleven (11) days prior to the hearing. The offering party shall be under no
obligation to produce the declarant unless the Court has granted the request
to cross-examine by written order not later than three (3) days prior to the
hearing. No declaration of a declarant with respect to whom such a request
has been granted shall be considered unless such declarant is personally
present and available at the hearing for such cross-examination as the Court
may permit. The Court may, in the alternative, order that the cross-
examination be done by deposition taken on two (2) days’ notice with the
transcript being lodged five (5) days prior to the hearing. The Court may
impose sanctions pursuant to these Local Rules against any party or counsel
who requests the presence of any declarant without a good-faith intention to
cross-examine the declarant.

L.R. 7-9 Opposing Papers. Each opposing party shall, not later than ten
(10) days after service of the motion in the instance of a new trial motion
and not later than twenty-one (21) days before the date designated for the
hearing of the motion in all other instances, serve upon all other parties and
file with the Clerk either (a) the evidence upon which the opposing party
will rely in opposition to the motion and a brief but complete memorandum
which shall contain a statement of all the reasons in opposition thereto and
the points and authorities upon which the opposing party will rely, or (b) a
written statement that that party will not oppose the motion. Evidence
presented in all opposing papers shall comply with the requirements of L.R.
7-6, 7-7 and 7-8.

L.R. 7-10 Reply Papers. A moving party may, not later than fourteen (14)
days before the date designated for the hearing of the motion, serve and file
a reply memorandum, and declarations or other rebuttal evidence. Absent
prior written order of the Court, the opposing party shall not file a response
to the reply.

L.R. 7-11 Continuance of Hearing Date. Unless the order for continuance
shall specify otherwise, the entry of an order continuing the hearing of a
motion automatically extends the time for filing and serving opposing papers
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and reply papers to twenty-one (21) days and fourteen (14) days,
respectively, preceding the new hearing date. A stipulation to continue shall
provide the date the opposition and reply papers are due to be filed with the
Court.

L.R. 7-12 Failure to File Required Documents. The Court may decline to
consider any memorandum or other document not filed within the deadline
set by order or local rule. The failure to file any required document, or the
failure to file it within the deadline, may be deemed consent to the granting
or denial of the motion, with the exception that a motion pursuant to
F.R.Civ.P. 56 may not be granted solely based on the failure to file an
opposition.

L.R. 7-13 Sanctions for Late Filing. A party filing any document in
support of, or in opposition to, any motion noticed for hearing as above
provided after the time for filing the same shall have expired, also shall be
subject to the sanctions of L.R. 83-7 and the F.R.Civ.P.

L.R. 7-14 Appearances at Hearing. Counsel for the moving party and the
opposing party shall be present on the hearing date and shall have such
familiarity with the case as to permit informed discussion and argument of
the motion. Failure of any counsel to appear, unless excused by the Court in
advance pursuant to L.R. 7-15 or otherwise, may be deemed consent to a
ruling upon the motion adverse to that counsel’s position.

L.R. 7-15 Oral Argument - Waiver. Counsel may, with the consent of the
Court, waive oral argument. Counsel who have agreed to waive oral
argument shall advise the court clerk of such agreement by no later than
noon on the fifth day preceding the hearing date. The court clerk shall
advise the parties by no later than noon on the court day preceding the
hearing date as to whether the Court has consented to the waiver of oral
argument. The Court may dispense with oral argument on any motion
except where an oral hearing is required by statute, the F.R.Civ.P. or these
Local Rules.

L.R. 7-16 Advance Notice of Withdrawal or Non-Opposition. Any moving

party who intends to withdraw a motion before the hearing date, and any
opposing party who no longer intends to oppose a motion, must file and
serve a notice of withdrawal of the motion or opposition immediately,
preferably no later than 7 days before the hearing.
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L.R. 7-17 Resubmission of Motions Previously Acted Upon. If any

motion, application or petition has been made to any judge of this Court and
has been denied in whole or in part or has been granted conditionally or on
terms, any subsequent motion for the same relief in whole or in part, whether
upon the same or any allegedly different state of facts, shall be presented to
the same judge whenever possible. If presented to a different judge, it shall
be the duty of the moving party to file and serve a declaration setting forth
the material facts and circumstances as to each prior motion, including the
date and judge involved in the prior motion, the ruling, decision, or order
made, and the new or different facts or circumstances claimed to warrant
relief and why such facts or circumstances were not shown to the judge who
ruled on the motion. Any failure to comply with the foregoing requirements
shall be the basis for setting aside any order made on such subsequent
motion, either sua sponte or on motion or application, and the offending
party or attorney may be subject to the sanctions provided by L.R. 83-7.

L.R. 7-18 Motion for Reconsideration. A motion for reconsideration of an

Order on any motion or application may be made only on the grounds of (a)
a material difference in fact or law from that presented to the Court that, in
the exercise of reasonable diligence, could not have been known to the party
moving for reconsideration at the time the Order was entered, or (b) the
emergence of new material facts or a change of law occurring after the
Order was entered, or (c) a manifest showing of a failure to consider
material facts presented to the Court before the Order was entered. No
motion for reconsideration may in any manner repeat any oral or written
argument made in support of, or in opposition to, the original motion.
Absent good cause shown, any motion for reconsideration must be filed no
later than 14 days after entry of the Order that is the subject of the motion or
application.

L.R. 7-19 Ex Parte Application. An application for an ex parte order shall

be accompanied by a memorandum containing, if known, the name, address,
telephone number and e-mail address of counsel for the opposing party, the
reasons for the seeking of an ex parte order, and points and authorities in
support thereof. An applicant also shall lodge the proposed ex parte order.

L.R. 7-19.1 Notice of Application. It shall be the duty of the attorney

so applying (a) to make reasonable, good faith efforts orally to advise
counsel for all other parties, if known, of the date and substance of the
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proposed ex parte application and (b) to advise the Court in writing

and under oath of efforts to contact other counsel and whether any
other counsel, after such advice, opposes the application.

L.R. 7-19.2 Waiver of Notice. If the judge to whom the application is

made finds that the interest of justice requires that the ex parte
application be heard without notice (which in the instance of a TRO
means that the requisite showing under F.R.Civ.P. 65(b) has been
made), the judge may waive the notice requirement of L.R. 7-19.1.

L.R. 7-20 Orders on Motions and Applications. A separate proposed order

shall be lodged with any motion or application requiring an order of the
Court, pursuant to L.R. 52-4.1. Unless exempted from electronic filing
pursuant to L.R. 5-4.2, each proposed order shall comply with L.R. 5-4.4.

F.R.Civ.P. 7.1. DISCLOSURE STATEMENT

L.R. 7.1-1 Notice of Interested Parties. To enable the Court to evaluate

possible disqualification or recusal, counsel for all non-governmental parties
must file with their first appearance a Notice of Interested Parties, which
must list all persons, associations of persons, firms, partnerships, and
corporations (including parent corporations, clearly identified as such) that
may have a pecuniary interest in the outcome of the case, including any
insurance carrier that may be liable in whole or in part (directly or indirectly)
for a judgment in the action or for the cost of defense. A corporate party
may include in the Notice filed under this L.R. 7.1-1 any disclosures
required under F.R.Civ.P. 7.1; if this information is included in the
corporation’s Notice of Interested Parties, the corporation is not required to
file a separate Disclosure Statement under F.R.Civ.P. 7.1.

If the Notice of Interested Parties is filed with the Clerk in paper format
under L.R. 5-4.2, an original and two copies must be filed. If the Notice of
Interested Parties is filed electronically, Mandatory Chambers Copies must
be delivered to the assigned district and magistrate judges. Counsel must
promptly file an amended Notice if any material change occurs in the status
of interested parties, as through merger or acquisition or a change in the
carrier that may be liable for any part of a judgment.
The Notice must include the following certification:

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“The undersigned, counsel of record for __________, certifies that the

following listed party (or parties) may have a pecuniary interest in the
outcome of this case. These representations are made to enable the Court to
evaluate possible disqualification or recusal.

(Here list the names of all such parties and identify their connection and
interest.)

Signature, Attorney of Record for:”

F.R.Civ.P. 8. GENERAL RULES OF PLEADING

L.R. 8-1 Jurisdiction - Allegations. The statutory or other basis for the
exercise of jurisdiction by this Court shall be plainly stated in the first
paragraph of any document invoking this Court’s jurisdiction.

L.R. 8-2 Three-Judge Court - Identification in Pleading. If a party

contends that the matter filed requires hearing by a court composed of three
judges, the words “Three-Judge Court” shall be typed immediately below
the docket number.

L.R. 8-3 Response to Initial Complaint. A stipulation extending the time to

respond to the initial complaint shall be filed with the Clerk. If the
stipulation, together with any prior stipulations, does not extend the time for
more than a cumulative total of thirty (30) days from the date the response
initially would have been due, the stipulation need not be approved by the
judge. Any such stipulation must have as its title “Stipulation to Extend
Time to Respond to Initial Complaint By Not More than 30 days (L.R. 8-
3)”. Directly beneath the title, the parties shall state when the Complaint
was served, when a response currently is due, and when it will be due
following the filing of the stipulation. For example:

John Smith ) CV 08-20000-ABC (RZx)

)
) Stipulation to Extend Time to Respond to
v. ) Initial Complaint By Not More Than 30
) Days (L.R. 8-3)
)
James Jones ) Complaint served: September 15, 2008

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) Current response date: October 6, 2008

) New response date: November 5, 2008

This rule shall not apply to answers, replies or other responses to cross-
claims, counterclaims, third-party complaints or any amended or
supplemental pleadings.

F.R.Civ.P. 9. PLEADING SPECIAL MATTERS

F.R.Civ.P. 10. FORM OF PLEADINGS

F.R.Civ.P. 11. SIGNING PLEADINGS, MOTIONS, AND OTHER PAPERS;

REPRESENTATIONS TO THE COURT; SANCTIONS

L.R. 11-1 Signature of Counsel. All documents, except declarations, shall

be signed by the attorney for the party or the party appearing pro se. The
name of the person signing the document shall be clearly typed below the
signature line.

L.R. 11-2 Facsimile Documents. Documents may not be transmitted by

facsimile directly to the Clerk’s office for filing. However, copies of
facsimile documents shall be accepted for filing, provided that they are
legible. The original of any faxed document, including the original signature
of the attorney, party or declarant, shall be maintained by the filing party
until the conclusion of the case, including any applicable appeal period,
subject to being produced upon order of the Court.

L.R. 11-3 Documents Presented to the Court - Form and Format

L.R. 11-3.1 Legibility. All pleadings, motions, affidavits,

declarations, briefs, points and authorities, and other documents,
including all exhibits thereto (hereinafter collectively referred to as
“documents”), presented for filing or lodging with the Clerk shall be
typewritten or printed, or prepared by a photocopying or other
duplicating process that will produce clear and permanent copies
equally legible to printing, in black or dark blue ink.

L.R. 11-3.1.1 Font. Either a proportionally spaced or a

monospaced font may be used. A proportionally spaced font
must be standard (e.g., non-condensed) 14-point or larger, or as

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the Court may otherwise order. A monospaced font may not

contain more than 10-1/2 characters per inch.

L.R. 11-3.2 Paper. All documents shall be formatted for 8 ½ x 11

inch paper, and shall be numbered on the left margin with not more
than 28 lines per page. The lines on each page shall be double-spaced
and numbered consecutively with line 1 beginning at least one inch
below the top edge of the paper. All documents presented to the Clerk
for filing or lodging in paper format, and all mandatory chambers
copies, shall be submitted on opaque, unglazed, white paper
(including recycled paper) not less than 13-pound weight; only one
side of the paper shall be used.

L.R. 11-3.3 Pagination. All documents shall be numbered

consecutively at the bottom of each page.

L.R. 11-3.4 Original; Copies. The original of a document shall be

labeled as the original and shall consist entirely of the original pages,
except as otherwise allowed by these rules. All copies, including
mandatory chambers copies if required by the assigned judge’s orders
or written procedures, are to be clearly identified as such.

L.R. 11-3.5 Pre-Punching of Documents. All documents presented

for filing or lodging with the Clerk in paper format, and all mandatory
chambers copies, if required by the assigned judge’s orders or written
procedures, shall be pre-punched with two (2) normal-size holes
(approximately 1/4" diameter), centered 2-3/4 inches apart, 1/2 to 5/8
inches from the top edge of the document. All pages shall be firmly
bound at the top.

L.R. 11-3.6 Spacing. The typing or printing on the document shall

be double spaced, including citations and quotations.

L.R. 11-3.6.1 Footnotes - Exception. Footnotes may be single

spaced.

L.R. 11-3.6.2 Real Property Description - Exception. The

description of real property may be single spaced.

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L.R. 11-3.6.3 Corporate Surety Bonds - Exception. Printed

forms of corporate surety bonds and undertakings may be single
spaced and have unnumbered lines if they comply generally
with the space requirements of this rule.

L.R. 11-3.7 Quotations. Quotations from cited cases or other

authorities more than one sentence in length shall be clearly indented
not less than 5 spaces nor more than 20 spaces.

L.R. 11-3.8 Title Page. On the first page of all documents:

(a) The name, California bar number, office address (or residence
address if no office is maintained), the telephone and facsimile
numbers, and the e-mail address of the attorney or a party
appearing pro se presenting the document shall be placed
commencing with line 1 at the left margin. The e-mail address
shall be placed immediately beneath the name of the attorney.
Immediately beneath, the party on whose behalf the document
is presented shall be identified. All this information shall be
single spaced. When a document is presented, the information
set forth in this paragraph shall be supplied for each attorney or
party appearing pro se who joins in the presentation of that
document.

(b) The space between lines 1 and 7 to the right of the center of the
page shall be left blank for use by the Clerk.

(c) The title of the Court shall be centered on or below line 8.

(d) The names of the parties shall be placed below the title of the
Court and to the left of center, and single spaced. If the parties
are too numerous, the names may be continued on the second or
successive pages in the same space. In all documents, after the
initial pleadings, the names of the first-named party only on
each side shall appear.

(e) The docket number of the case shall be placed to the right of the
center of the page and immediately opposite the names of the
parties on the first page. Immediately below the docket number
shall appear a concise description of the nature of the document
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(e.g., notice of motion, memorandum in support or opposition).

Immediately below the description shall appear the time and
date of the hearing on the matter to which the document is
addressed.

(f) The title of a complaint or petition shall state the nature of the
action or proceeding.

L.R. 11-3.9 Citations

L.R. 11-3.9.1 Acts of Congress. All citations to Acts of

Congress shall include a parallel citation to the United States
Code by title and section.

L.R. 11-3.9.2 Regulations. All citations to regulations shall

include a citation to the Code of Federal Regulations by title
and section, and the date of promulgation of the regulation.

L.R. 11-3.9.3 Cases. Citation to a U.S. Supreme Court case

must be to the United States Reports, Lawyers’ Edition, or
Supreme Court Reporter if available. Citation to a case from
any other federal court must be to the Federal Reporter, Federal
Supplement, or Federal Rules Decisions if available. Citation to
a state court case must be to the official state reporter or any
regional reporter published by West Publishing Company if
available. If a case is not available in the foregoing sources, but
is available on an electronic database (e.g., LEXIS or Westlaw),
citation to the case must include the case name, the database
identifier, the court, the date of decision, any code or number
used by the database to identify the case, and any screen or
page numbers assigned.

L.R. 11-3.10 Translations Required. Claim-Initiating Documents, as

defined in L.R. 3-2, must be presented for filing in the English
language. All other documents must be presented in English unless:
(a) an English translation is concurrently provided; or (b) the Court
orders otherwise upon a showing of good cause.

L.R. 11-4 Copies

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L.R. 11-4.1 In General.

L.R. 11-4.1.1 Electronically Filed Documents. Mandatory

chambers copies of all electronically filed documents must be
provided in accordance with L.R. 5-4.5. Unless otherwise
ordered by the judge, all mandatory chambers copies must
include the Notice of Electronic Filing (NEF) as the last page of
the document, and must be blue-backed. The backing must
extend no more than one inch below the bound pages, and the
short title of the document must be typed on its lower right-
hand corner.

L.R. 11-4.1.2 Non-Electronically Filed Documents

[DELETED].

L.R. 11-4.2 Three-Judge Court. If the matter is one that is to be

heard by a three-judge court, mandatory chambers copies of all
electronically filed documents shall be provided to each assigned
judge in accordance with L.R. 5-4.5. For documents exempted from
electronic filing pursuant to 5-4.2 and filed with the Clerk in paper
format, three clear, conformed, and legible copies of the original shall
be provided to the Clerk (one for the use of each of the assigned
judges).

L.R. 11-4.3 Carbon Copies [DELETED].

L.R. 11-4.4 Conformed Copy. Copies shall be conformed to the

original but need not be executed. Conformed copies shall be
identical to the original in content, pagination, additions, deletions and
interlineations.

L.R. 11-4.5 Request for Conformed Copy. If the party presenting a

document for filing in paper format requests the Clerk to return a
conformed copy by United States mail, an extra copy shall be
submitted by the party for that purpose accompanied by a postage-
paid, self-addressed envelope.

L.R. 11-5 Exhibits to Documents

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