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Location: La Verne,
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Date: 2010.03.24
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Judges Procedures & Schedules Jury Local Rules Media Notices from the Clerk Pro Se Recent Opinions Rosters & Schedules Services

General Orders
Found 52 items.
Search
Click on Column Headings to sort.
Order # Description Date
GO 00-01 Expansion of Authority to CJA Supervising Attorney (Amends GO 97-07) 01/03/2000
GO 00-02 Amendment to Local Rules Governing Duties of Magistrate Judges 06/28/2000
GO 00-04 The Standing Committee on Discipline 11/08/2000
The Prohibition of Broadcasting, Recording or Photographing in the
GO 00-05 11/08/2000
Courtroom
GO 00-06 Amendments to Local Rules Governing Duties of Magistrate Judges 11/08/2000
Method of Allocating Cases among the Divisions of the Central District
GO 01-01 02/21/2001
Court of California
The Prohibition of Broadcasting, Recording or Photographing in the
GO 01-02 02/21/2001
Courtroom (Eastern Division)
GO 01-03 Expansion of Authority to CJA Supervising Attorney (Amends GO 97-07) 03/27/2001
Adoption of Sentencing Orders and Conditions of Probation and
GO 01-05 06/11/2001
Supervised Release Pertaining to Financial Sanctions
Method of Allocating Civil Cases in the Eastern Division of the Central
GO 02-06 03/01/2002
District of California
GO 02-09 Service and Filing of Pleadings and Other Papers - Electronic Case Filings 08/22/2002
GO 02-14 Documents To Be Filed Under Seal 11/25/2002
GO 03-01 Financial Disclosure During Presentence Investigation 03/11/2003
Plan for Achieving Prompt Disposition of Criminal Cases (Speedy Trial Act
GO 03-04 10/07/2003
Plan) (Supersedes GO No. 209)
Establishing Court Policy Governing Naturalization Ceremonies Conducted
GO 03-05 11/08/2003
at Locations Other than a United States Courthouse (Rescinds GO 96-6)
Order Designating All Federal Debt Collection Act Cases for Electronic
GO 03-06 11/18/2003
Filing (Supersedes General Order No. 02-11)
Eastern Division Pilot Project for Inclusion of Magistrate Judge in Civil
GO 03-13 12/16/2003
Case Assignment Wheel
Attorney Settlement Officer Panel (Supersedes General Orders 98-2 and
GO 04-01 05/26/2004
01-04)
Adoption of Standard Conditions of Probation and Supervised Release
GO 05-02 01/18/2005
(Amends General Order No. 318)
Assignment of Duties to Magistrate Judges (Supersedes GOs. 104, 104-
GO 05-07 A, 104-B, 104-C, 104-D, 104-E, 104-F and 194, 194-A, 194-B, 194-C, 11/03/2005
194-D, 194-E, 194-F, 194-G, 194-H, 194-I, 97-3 and 01-13)
GO 05-08 New Local Criminal Rule 46-2.1 11/09/2005
GO 05-09 Amendment to Local Civil Rule 7.1-1 11/09/2005
GO 05-10 Amendment to Local Civil Rule 11-3.8 11/09/2005
GO 06-01 Assignment of Duties to Magistrate Judges (Amends GO 05-07) 02/28/2006
In the Matter of Wireless Communication Devices within Courthouses and
GO 06-06 11/16/2006
Federal Buildings
Order Authorizing Electronic Filing (Supersedes General Order Nos. 03-06
GO 06-07 12/13/2006
and 05-01)

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Alternative Dispute Resolution Pilot Program (Supersedes General Order


GO 07-01 03/22/2007
02-07)
GO 07-06 Amends Section II of General Order 98-06 10/01/2007
Method of Allocating Criminal and Complex Criminal Cases amoung the
GO 07-09 Divisions of the Central District Court of California (Supersedes General 10/12/2007
Order No. 96-21)
Plan of the United States District Court, Central District of California for
GO 07-10 the Random Selection of Grand and Petit Jurors (Rescinds General Order 11/28/2007
Nos. 99-8 and 03-12)
Order Authorizing Electronic Filing (Supersedes General Order 07-08;
GO 08-02 02/07/2008
also refer to GO 08-11)
GO 08-03 Service of Electronically Filed Documents 02/07/2008
GO 08-04 CJA Interim and Final Voucher Submissions 03/24/2008
GO 08-05 Assignment of Cases and Duties to Judges (Supersedes GO No. 08-01) 04/17/2008
Plan for the Composition, Administration, and Management of the Panel
GO 08-08 of Private Attorneys Under the Criminal Justice Act (Amends section III of 08/14/2008
GO 07-06)
GO 08-09 Direct Assignment of Civil Cases to Magistrate Judges 12/03/2008
GO 08-11 Order Authorizing Electronic Filing 12/08/2008
GO 09-01 Registered Legal Services Attorney 04/06/2009
Method of Allocating Removal Cases in the Eastern Division of The
GO 09-08 11/18/2009
Central District of California
GO 10-04 The Adoption of New and Revised Local Rules 02/25/2010
Reference of Cases and Proceedings to Bankruptcy Judges of the District,
GO 266 10/09/1984
and the Reference of Appeals to the Bankruptcy Appleallate Panels
Reference of Jury Trials in Bankruptcy Cases and Bankruptcy Proceedings
GO 266-A 02/03/1995
to Bankruptcy Judges of the Central District
GO 308 Assignment of Habeas Corpus Petitions Involving the Death Penalty 12/08/1988
GO 318 Adoption of Standard Conditions of Probation and Supervised Release 01/29/1990
Allocation of cases Among the Divisions (Supersedes GOs. 310-B and
GO 349 10/25/1994
310-D)
Method of Allocating Cases among the Divisions of the Central District
GO 349-A 01/30/1995
Court of California
GO 95-01 Procedures for Appointing Counsel to Hospitalized Defendants 12/01/1995
GO 96-01 Method of Assigning Bankruptcy Matters among the Divisions of the CDCA 02/01/1996
Amendments to the Plan for the Implementation of the Criminal Justice
GO 96-19 09/20/1997
Act of 1964 As Amended, 18 U.S.C. § 3006A
Submission of Monthly Criminal Justice Act Vouchers for Interim
GO 97-02 06/27/1997
Payments in Death Penalty Cases
GO 97-07 Criminal Justice Act Vouchers 10/01/1997
Method of Allocating Civil Cases Among the Divisions of the Central
GO 98-03 02/06/1998
District Court of California

http://www.cacd.uscourts.gov/CACD/GenOrders.nsf/ (2 of 2) [3/24/2010 8:05:28 AM]


General Orders | View All Orders, General Orders | View All

Attorney Information Calendars CM/ECF Filing Procedures Forms General Information General Orders
Job Announcements

Judges Procedures & Schedules Jury Local Rules Media Notices from the Clerk Pro Se Recent Opinions Rosters & Schedules Services

General Orders
Found 52 items.
Search
Click on Column Headings to sort.
Order # Description Date
GO 00-01 Expansion of Authority to CJA Supervising Attorney (Amends GO 97-07) 01/03/2000
GO 00-02 Amendment to Local Rules Governing Duties of Magistrate Judges 06/28/2000
GO 00-04 The Standing Committee on Discipline 11/08/2000
The Prohibition of Broadcasting, Recording or Photographing in the
GO 00-05 11/08/2000
Courtroom
GO 00-06 Amendments to Local Rules Governing Duties of Magistrate Judges 11/08/2000
Method of Allocating Cases among the Divisions of the Central District
GO 01-01 02/21/2001
Court of California
The Prohibition of Broadcasting, Recording or Photographing in the
GO 01-02 02/21/2001
Courtroom (Eastern Division)
GO 01-03 Expansion of Authority to CJA Supervising Attorney (Amends GO 97-07) 03/27/2001
Adoption of Sentencing Orders and Conditions of Probation and
GO 01-05 06/11/2001
Supervised Release Pertaining to Financial Sanctions
Method of Allocating Civil Cases in the Eastern Division of the Central
GO 02-06 03/01/2002
District of California
GO 02-09 Service and Filing of Pleadings and Other Papers - Electronic Case Filings 08/22/2002
GO 02-14 Documents To Be Filed Under Seal 11/25/2002
GO 03-01 Financial Disclosure During Presentence Investigation 03/11/2003
Plan for Achieving Prompt Disposition of Criminal Cases (Speedy Trial Act
GO 03-04 10/07/2003
Plan) (Supersedes GO No. 209)
Establishing Court Policy Governing Naturalization Ceremonies Conducted
GO 03-05 11/08/2003
at Locations Other than a United States Courthouse (Rescinds GO 96-6)
Order Designating All Federal Debt Collection Act Cases for Electronic
GO 03-06 11/18/2003
Filing (Supersedes General Order No. 02-11)
Eastern Division Pilot Project for Inclusion of Magistrate Judge in Civil
GO 03-13 12/16/2003
Case Assignment Wheel
Attorney Settlement Officer Panel (Supersedes General Orders 98-2 and
GO 04-01 05/26/2004
01-04)
Adoption of Standard Conditions of Probation and Supervised Release
GO 05-02 01/18/2005
(Amends General Order No. 318)
Assignment of Duties to Magistrate Judges (Supersedes GOs. 104, 104-
GO 05-07 A, 104-B, 104-C, 104-D, 104-E, 104-F and 194, 194-A, 194-B, 194-C, 11/03/2005
194-D, 194-E, 194-F, 194-G, 194-H, 194-I, 97-3 and 01-13)
GO 05-08 New Local Criminal Rule 46-2.1 11/09/2005
GO 05-09 Amendment to Local Civil Rule 7.1-1 11/09/2005
GO 05-10 Amendment to Local Civil Rule 11-3.8 11/09/2005
GO 06-01 Assignment of Duties to Magistrate Judges (Amends GO 05-07) 02/28/2006
In the Matter of Wireless Communication Devices within Courthouses and
GO 06-06 11/16/2006
Federal Buildings

http://www.cacd.uscourts.gov/CACD/GenOrders.nsf/View%20All?OpenView (1 of 2) [3/24/2010 8:05:39 AM]


General Orders | View All Orders, General Orders | View All

Order Authorizing Electronic Filing (Supersedes General Order Nos. 03-06


GO 06-07 12/13/2006
and 05-01)
Alternative Dispute Resolution Pilot Program (Supersedes General Order
GO 07-01 03/22/2007
02-07)
GO 07-06 Amends Section II of General Order 98-06 10/01/2007
Method of Allocating Criminal and Complex Criminal Cases amoung the
GO 07-09 Divisions of the Central District Court of California (Supersedes General 10/12/2007
Order No. 96-21)
Plan of the United States District Court, Central District of California for
GO 07-10 the Random Selection of Grand and Petit Jurors (Rescinds General Order 11/28/2007
Nos. 99-8 and 03-12)
Order Authorizing Electronic Filing (Supersedes General Order 07-08;
GO 08-02 02/07/2008
also refer to GO 08-11)
GO 08-03 Service of Electronically Filed Documents 02/07/2008
GO 08-04 CJA Interim and Final Voucher Submissions 03/24/2008
GO 08-05 Assignment of Cases and Duties to Judges (Supersedes GO No. 08-01) 04/17/2008
Plan for the Composition, Administration, and Management of the Panel
GO 08-08 of Private Attorneys Under the Criminal Justice Act (Amends section III of 08/14/2008
GO 07-06)
GO 08-09 Direct Assignment of Civil Cases to Magistrate Judges 12/03/2008
GO 08-11 Order Authorizing Electronic Filing 12/08/2008
GO 09-01 Registered Legal Services Attorney 04/06/2009
Method of Allocating Removal Cases in the Eastern Division of The
GO 09-08 11/18/2009
Central District of California
GO 10-04 The Adoption of New and Revised Local Rules 02/25/2010
Reference of Cases and Proceedings to Bankruptcy Judges of the District,
GO 266 10/09/1984
and the Reference of Appeals to the Bankruptcy Appleallate Panels
Reference of Jury Trials in Bankruptcy Cases and Bankruptcy Proceedings
GO 266-A 02/03/1995
to Bankruptcy Judges of the Central District
GO 308 Assignment of Habeas Corpus Petitions Involving the Death Penalty 12/08/1988
GO 318 Adoption of Standard Conditions of Probation and Supervised Release 01/29/1990
Allocation of cases Among the Divisions (Supersedes GOs. 310-B and
GO 349 10/25/1994
310-D)
Method of Allocating Cases among the Divisions of the Central District
GO 349-A 01/30/1995
Court of California
GO 95-01 Procedures for Appointing Counsel to Hospitalized Defendants 12/01/1995
GO 96-01 Method of Assigning Bankruptcy Matters among the Divisions of the CDCA 02/01/1996
Amendments to the Plan for the Implementation of the Criminal Justice
GO 96-19 09/20/1997
Act of 1964 As Amended, 18 U.S.C. § 3006A
Submission of Monthly Criminal Justice Act Vouchers for Interim
GO 97-02 06/27/1997
Payments in Death Penalty Cases
GO 97-07 Criminal Justice Act Vouchers 10/01/1997
Method of Allocating Civil Cases Among the Divisions of the Central
GO 98-03 02/06/1998
District Court of California

http://www.cacd.uscourts.gov/CACD/GenOrders.nsf/View%20All?OpenView (2 of 2) [3/24/2010 8:05:39 AM]


General Order | 00-01

United States District Court, Central District of California

General Order
Category: Superseded

Order Number: Description: Date Filed:


00-01 Expansion of Authority to CJA Supervising Attorney (Amends GO 01/03/2000
97-07)

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

IN RE )
)
EXPANSION OF AUTHORITY TO ) GENERAL ORDER NO. 00-01
CJA SUPERVISING ATTORNEY )
_________________________________ ) (Amends General No. 97-07)

IT IS HEREBY ORDERED that General Order No. 97-7 which delegates authority to the
CJA Supervising Attorney to act on certain CJA vouchers be amended to delegate
authority to the CJA Supervising Attorney to act on all CJA vouchers including pre-
indictment vouchers less than $1,000.00.

This general order shall be effective upon filing.

http://www.cacd.uscourts.gov/CACD/GenOrders.nsf/0/16B6AD03D9A3A56B882572B2005C72FD [3/24/2010 8:05:43 AM]


General Order | 00-02

United States District Court, Central District of California

General Order
Category: Superseded

Order Number: Description: Date Filed:


00-02 Amendment to Local Rules Governing Duties of Magistrate Judges 06/28/2000

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of ) GENERAL ORDER NO. 00-02


)
AMENDMENT TO LOCAL RULES GOVERNING )
DUTIES OF MAGISTRATE JUDGES )
___________________________________ )

IT IS HEREBY ORDERED that effective immediately, the following section of the


Local Rules Governing Duties of Magistrate Judges is revoked:

“1.5 MOTIONS UNDER 28 U.S.C. §2255 - Motions to vacate or modify a sentence


under 28 U.S.C. §2255 (if the sentencing judge is unavailable or senior, and
returns the motion to the assignment wheel).”

Dated:______________

http://www.cacd.uscourts.gov/CACD/GenOrders.nsf/0/A1358ACF2B5E7FCA88256918005A094D [3/24/2010 8:05:44 AM]


General Order | 00-04

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


00-04 The Standing Committee on Discipline 11/08/2000

UNITED STATES DISTRICT COURT


CENTRAL DISTRICT OF CALIFORNIA

In the Matter of ) GENERAL ORDER NO. 00-04


)
THE STANDING COMMITTEE ON DISCIPLINE )
___________________________________ )

IT IS HEREBY ORDERED that the Attorney Disciplinary Rules of the Court shall be
amended as follows:

1.1 THE STANDING COMMITTEE ON DISCIPLINE - At all times the Court will
maintain a Standing Committee on Discipline (hereinafter “Committee”). The Committee
shall consist of 13 attorneys who are members of the Bar of the Court. However, in the
event of any vacancy or vacancies, the Committee may continue to perform any of the
functions herein authorized so long as there are nine members in office.

Committee members shall be appointed by the Chief Judge with the concurrence of
the Executive Committee. The Chief Judge shall designate one member to serve as the
chair. A Committee member shall serve for a term of one to three years but may
continue in office, upon order of the Chief Judge, beyond said three-year term until the
completion of any disciplinary proceeding (which includes the initial investigation to
presentation of disciplinary recommendations to the Court) in which the member is
participating. Each Committee member’s term shall commence on January 1 of the year
specified in the appointment, and appointments shall be staggered so that each year the
terms of four members, not including the Chair, shall end. Should any Committee
member not complete a three-year term, that member’s replacement shall complete the
length of term remaining. The Chair of the Committee shall serve a term of three years
as Chair, regardless of his previous time served as Committee member.

The Chair of the Committee shall organize the Committee into four sections of
three members each. Each section shall consist of one member who has one year
remaining on his term, one member who has two years remaining on this term, and one
member who has three years remaining on his term. The Chair of the Committee may
assign any matter before the Committee to one of the sections for initial investigation
and further proceedings described in these rules. Except for the requirement of seven
affirmative votes for the imposition of discipline as specified in Rule 1.5, the Committee
may perform or decide any matter arising under these rules by a majority vote. For any
Committee meeting, a quorum of seven is required.

http://www.cacd.uscourts.gov/CACD/GenOrders.nsf/0/47CD1B48F92E27C888256992006E777B [3/24/2010 8:05:47 AM]


General Order | 00-05

United States District Court, Central District of California

General Order
Category: Superseded

Order Number: Description: Date Filed:


00-05 The Prohibition of Broadcasting, Recording or Photographing in the 11/08/2000
Courtroom

UNITED STATES DISTRICT COURT


CENTRAL DISTRICT OF CALIFORNIA

In the Matter of ) GENERAL ORDER NO. 00-05


)
THE PROHIBITION OF BROADCASTING, )
RECORDING OR PHOTOGRAPHING IN THE )
COURTROOM )
___________________________________ )

IT IS HEREBY ORDERED that Local Civil Rule 28.1 shall be amended as follows:

28.1.5 (83-28.1.5) EASTERN DIVISION - The following areas of the Robert Presley
Hall of Justice, 4100 Main Street, Riverside, California;

(a) Department 45;


(b) Department 52; and
(c) Room 137 A.

28.1.6 (83-28.1.6) Any other room where court proceedings are being held.

http://www.cacd.uscourts.gov/CACD/GenOrders.nsf/0/41487B0FBB3D0D0388256992006F17FF [3/24/2010 8:05:48 AM]


General Order | 00-06

United States District Court, Central District of California

General Order
Category: Superseded

Order Number: Description: Date Filed:


00-06 Amendments to Local Rules Governing Duties of Magistrate Judges 11/08/2000

UNITED STATES DISTRICT COURT


CENTRAL DISTRICT OF CALIFORNIA

In the Matter of ) GENERAL ORDER NO. 00-06


)
AMENDMENTS TO LOCAL RULES )
GOVERNING DUTIES OF MAGISTRATE )
JUDGES )
___________________________________ )

IT IS HEREBY ORDERED that Local Rules Governing Duties of Magistrate Judges


shall be amended as follows:

1.6 Applications for Letters Rogatory and Requests for International Assistance -
Applications for orders pursuant to 28 U.S.C. §1782 and applications for international
assistance from the United States or a citizen thereof.

If at any time, a foreign government refuses to honor letters rogatory or other


request for international assistance signed by a United States Magistrate Judge, the
matter may be presented to the Duty District Judge.

6.0 Method of Assignment of Matters to Magistrate Judges

6.1 CIVIL MATTERS - Upon the filing of any case described in Local Magistrate
Judge Rules 1.1 through 1.5 and Rule 2.9, the case shall be assigned to a District Judge
of this Court by drawing a card as provided in Local Rule 4. Immediately thereafter a
card shall be drawn by lot for assignment to a Magistrate Judge in the same manner as
provided in Local Rule 4.

6.4 OTHER CIVIL MATTERS - Whenever matters described in Local Magistrate


Judge Rules 1.1.6 through 1.1.9 are to be assigned to a Magistrate Judge a card shall be
drawn by lot for such assignment in the same manner as provided in Local Rule 4.

http://www.cacd.uscourts.gov/CACD/GenOrders.nsf/0/E2B63F59D3A513778825699200704840 [3/24/2010 8:05:50 AM]


General Order | 01-01

United States District Court, Central District of California

General Order
Category: Administrative

Order Number: Description: Date Filed:


01-01 Method of Allocating Cases among the Divisions of the Central 02/21/2001
District Court of California

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of )
) GENERAL ORDER NO. 01-01
METHOD OF ALLOCATING CASES AMONG )
THE DIVISIONS OF THE CENTRAL DISTRICT ) (Amends General Orders No. 349, 349-A,
COURT OF CALIFORNIA ) 98-3 and 98-5)
________________________________________ )

IT IS HEREBY ORDERED that there shall be one district-wide Report and


Recommendation Assignment Wheel which shall include all the active district judges and
senior district judges whoso elect to be included. All cases referred to Magistrate Judges
for a report and recommendation pursuant to General Order 194 and as outlined in the
Local Rules Governing Duties of Magistrate Judges shall be randomly assigned through
this one district-wide Report and Recommendation Assignment Wheel to the individual
calendars of the district judges of this Court.

http://www.cacd.uscourts.gov/CACD/GenOrders.nsf/0/E01ACF7446242184882572B2005B179D [3/24/2010 8:05:52 AM]


General Order | 01-02

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


01-02 The Prohibition of Broadcasting, Recording or 02/21/2001
Photographing in the Courtroom (Eastern Division)

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of )
) GENERAL ORDER NO. 01-02
THE PROHIBITION OF BROADCASTING, )
RECORDING OR PHOTOGRAPHING IN THE ) (Rescinds General Order No. 00-05)
COURTROOM (EASTERN DIVISION) )
________________________________________ )

IT IS HEREBY ORDERED that Local Civil Rule 28.1 shall be amended as follows:

28.1.5 (83-28.1.5) EASTERN DIVISION - The following areas of the United States
District Court, George E. Brown, Jr. Building, 3470 Twelfth Street, Riverside, California;

(a) Courtrooms 1, 2, 3 and 4; and

(b) Room 134.

28.1.6 (83-28.1.6) Any other room where court proceedings are being held.

http://www.cacd.uscourts.gov/CACD/GenOrders.nsf/0/C3CCA4C3EA2241A288256A040000511F [3/24/2010 8:05:54 AM]


General Order | 01-03

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


01-03 Expansion of Authority to CJA Supervising Attorney (Amends GO 03/27/2001
97-07)

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of )
) GENERAL ORDER NO. 01-03
EXPANSION OF AUTHORITY TO CJA )
SUPERVISING ATTORNEY ) (Amends GO 97-07)
________________________________________ )

IT IS HEREBY ORDERED that General Order No 97-07 as amended by General


Order 00-01, which delegates authority to the CJA Supervising Attorney to act on all CJA
vouchers be further amended to delegate authority to the CJA Supervising Attorney to
authorize interim payments.

This general order shall be effective upon filing.

http://www.cacd.uscourts.gov/CACD/GenOrders.nsf/0/DE540916A3B00AB7882572B2005C72FE [3/24/2010 8:05:56 AM]


General Order | 01-05

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


01-05 Adoption of Sentencing Orders and Conditions of 06/11/2001
Probation and Supervised Release Pertaining to Financial Sanctions

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of )
) GENERAL ORDER NO. 01-05
ADOPTION OF SENTENCING ORDERS AND )
CONDITIONS OF PROBATION AND SUPERVISED )
RELEASE PERTAINING TO FINANCIAL SANCTIONS )
________________________________________ )
)

The Judges of the Central District of California adopt the following sentencing orders to
apply in every case in which a fine or restitution has been ordered, and adopt the following
conditions of probation and supervised release to apply in every case in which probation or
supervised release is imposed in addition to the imposition of a fine or restitution. A judge
may impose such other conditions the judge deems advisable, consistent with law, including,
but not limited to, General Order 318.

Statutory Provisions Pertaining to Payment and Collection of Financial Sanctions

The defendant shall pay interest on a fine or restitution of more than $2,500, unless the
court waives interest or unless the fine or restitution is paid in full before the fifteenth (15th)
day after the date of the judgment pursuant to 18 U.S.C. §3612(f)(1). Payments may be
subject to penalties for default and delinquency pursuant to 18 U.S.C. §3612(g). Interest and
penalties pertaining to restitution, however, are not applicable for offenses completed prior to
April 24, 1996.

If all or any portion of a fine or restitution ordered remains unpaid after the termination
of supervision, the defendant shall pay the balance as directed by the United States Attorney's
Office. 18 U.S.C. §3613.

The defendant shall notify the United States Attorney within thirty (30)days of any
change in the defendant's mailing address or residence address until all fines, restitution,
costs, and special assessments are paid in full. 18 U.S.C. §3612(b)(1)(F).

The defendant shall notify the Court through the Probation Office, and notify the United
States Attorney of any material change in the defendant's economic circumstances that might
affect the defendant's ability to pay a fine or restitution , as required by 18 U.S.C. §3664(k).
The Court may also accept such notification from the government or the victim, and may, on
its own motion or that of a party or the victim, adjust the manner of payment of a fine or
restitution pursuant to 18 U.S.C. §3664(k). See also 18 U.S.C. §3572(d)(3) and for probation
18 U.S.C. §3563(a)(7).

Payments shall be applied in the following order:


1. Special assessments pursuant to 18 U.S.C. §3013;
2. Restitution, in this sequence:
Private victims (individual and corporate),
Providers of compensation to private victims,
The United States as victim;
3. Fine;
4. Community restitution, pursuant to 18 U.S.C. §3663(c); and
5. Other penalties and costs.

http://www.cacd.uscourts.gov/CACD/GenOrders.nsf/0/7684368B0046341888256AD400648B19 (1 of 2) [3/24/2010 8:05:59 AM]


General Order | 01-05

Special Conditions for Probation and Supervised Release

As directed by the Probation Officer, the defendant shall provide to the Probation
Officer: (1) a signed release authorizing credit report inquiries; (2) federal and state income
tax returns or a signed release authorizing their disclosure and (3) an accurate financial
statement, with supporting documentation as to all assets, income and expenses of the
defendant. In addition, the defendant shall not apply for any loan or open any line of credit
without prior approval of the Probation Officer.

The defendant shall maintain one personal checking account. All of defendant’s income,
“monetary gains,” or other pecuniary proceeds shall be deposited into this account, which
shall be used for payment of all personal expenses. Records of all other bank accounts,
including any business accounts, shall be disclosed to the Probation Officer upon request.

The defendant shall not transfer, sell, give away or otherwise convey any asset with a
fair market value in excess of $500 without approval of the Probation Officer until all financial
obligations imposed by the Court have been satisfied in full.

http://www.cacd.uscourts.gov/CACD/GenOrders.nsf/0/7684368B0046341888256AD400648B19 (2 of 2) [3/24/2010 8:05:59 AM]


General Order | 02-06

United States District Court, Central District of California

General Order
Category: Administrative

Order Number: Description: Date Filed:


02-06 Method of Allocating Civil Cases in the Eastern Division of the 03/01/2002
Central District of California

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of ) GENERAL ORDER NO. 02-06


)
METHOD OF ALLOCATING CIVIL CASES IN THE )
EASTERN DIVISION OF THE CENTRAL DISTRICT )
OF CALIFORNIA )
________________________________________ )

WHEREAS, in order to bring about an equal distribution of civil and criminal cases,
the Court will periodically review and modify the method of allocating cases among the
Divisions, and

WHEREAS, it now appears necessary to modify the civil case assignment rules to
keep the caseload per judge in the Eastern Division in relative proximity to the caseloads
of judges in the Western and Southern Divisions of the Court,

IT IS HEREBY ORDERED that General Order 98-3 be amended as follows:

2. Assignment of Civil Cases to the Eastern Division

A. (i) Except as provided in paragraph (2) (B), a civil case shall be assigned to the
Eastern Division if one of the following three venue components as described below are
within the Eastern Division:

(a) the majority of all plaintiffs reside in the Eastern Division or in a place outside
the remainder of the Central District of California with an equal number deemed to be an
Eastern Division majority; (b) the majority of all named defendants reside in the Eastern
Division or in a place outside the remainder of the Central District of California with an
equal number deemed to be an Eastern Division majority;

(c) the majority of all claims arose in the Eastern Division or in a place outside the
remainder of the Central District of California with an equal number deemed to be an
Eastern Division majority.

This General Order shall take effect April 1, 2002.

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General Order | 02-09

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


02-09 Service and Filing of Pleadings and Other Papers - Electronic Case 08/22/2002
Filings

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of )
) GENERAL ORDER NO. 02-09
SERVICE AND FILING OF PLEADINGS AND )
OTHER PAPERS - ELECTRONIC CASE FILINGS )
________________________________________ )

IT IS HEREBY ORDERED that Local Civil Rule 5 shall be amended as follows:

L.R. 5-4 Service and Filing of Pleadings and Other Papers - Electronic Case
Filings. In those categories designated by General Order of the Court, the Clerk will accept in
certain actions documents filed, signed or verified by electronic means. A document filed by
electronic means in compliance with this Local Rule constitutes a written document for the
purposes of applying these Local Rules and the Federal Rules of Civil Procedure.

http://www.cacd.uscourts.gov/CACD/GenOrders.nsf/0/07A4D9595E7BB8EE88256C36005EE8A3 [3/24/2010 8:06:03 AM]


General Order | 02-14

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


02-14 Documents To Be Filed Under Seal 11/25/2002

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of )
) GENERAL ORDER NO. 02-14
DOCUMENTS TO BE FILED UNDER SEAL )
________________________________________ )
)

IT IS HEREBY ORDERED that Local Rule 79-5.1 shall be amended as follows:

L.R. 79-5.1 Filing Under Seal - Procedures. Except when authorized by statute or
federal rule, no case or document shall be filed under seal without prior approval by the Court.
Where approval is required, a written application and a proposed order shall be presented to
the judge along with the document submitted for filing under seal. The original and judge’s
copy of the document shall be sealed in separate envelopes with a copy of the title page
attached to the front of each envelope. Conformed copies need not be placed in sealed
envelopes. Where under seal filings are authorized by statute or federal rule, the authority
therefor shall appear on the title page of the proposed filing.

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General Order | 03-01

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


03-01 Financial Disclosure During Presentence Investigation 03/11/2003

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of )
) GENERAL ORDER NO. 03-01
FINANCIAL DISCLOSUREDURING )
PRESENTENCE INVESTIGATION )
________________________________________ )

WHEREAS a defendant’s disclosure of financial information during the presentence


investigation would increase the probability of the defendant providing the type of
information necessary to adequately analyze his or her financial condition and ability to
pay financial sanctions, and

WHEREAS a defendant’s cooperation is essential in obtaining such financial information,

IT IS HEREBY ORDERED that the following documents shall be provided by the defendant
to the Probation Officer within 14 calendar days from the date of the guilty plea or
verdict, unless another deadline is set by the Probation Officer:

1. An affidavit fully describing (a) the financial resources of the defendant, including a
complete listing of all assets owned or controlled by the defendant and any
transfers or sales of assets since the defendant’s arrest; (b) the financial needs and
earning ability of the defendant, the defendant’s spouse (or significant other), and
the defendant’s dependents living at home; and (c) such other information that the
Court requires. [18 U.S.C. § 3664(d)(3)];

2. All supporting financial documents requested by the Probation Officer, including but
not limited to bills, pay stubs, credit card statements, and bank account statements;

3. A signed release authorizing credit report inquiries;

4. Copies of filed federal and state income tax returns for the last five years or a
signed release authorizing their disclosure.

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General Order | 03-04

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


03-04 Plan for Achieving Prompt Disposition of Criminal Cases (Speedy 10/07/2003
Trial Act Plan)
(Supersedes GO No. 209)

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

IN RE: )
) GENERAL ORDER NO. 03-04
PLAN FOR ACHIEVING PROMPT )
DISPOSITION OF CRIMINAL CASES ) (MODIFIES AND SUPERSEDES GENERAL
) ORDER NO. 209)

WHEREAS, pursuant to the requirements of the Speedy Trial Act of 1974 (18 U.S.C. §
3161 et seq.), the Speedy Trial Act Amendments of 1979 (Pub. L. No. 96-43, 43 Stat.
327), and the Federal Juvenile Delinquency Act (18 U.S.C. §§ 5036 and 5037), the judges
of the United States District Court for the Central District of California approved the
attached Speedy Trial Act Plan on June 23, 2003; and

WHEREAS, on August 28, 2003, the Judicial Council of the Ninth Circuit approved the
Court’s Speedy Trial Act Plan;

IT IS HEREBY ORDERED that the attached Speedy Trial Act Plan is adopted by the Court.
This General Order shall modify and to the extent it contradicts, supersede General Order
209, filed August 7, 1980.

File for Download:


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http://www.cacd.uscourts.gov/CACD/GenOrders.nsf/0/05EBF967D8211CD288257140005A015B [3/24/2010 8:06:10 AM]


General Order | 03-05

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


03-05 Establishing Court Policy Governing Naturalization Ceremonies 11/08/2003
Conducted at Locations Other than a United States Courthouse
(Rescinds GO 96-6)

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of )
) GENERAL ORDER NO. 03-05
ESTABLISHING COURT POLICY GOVERNING )
NATURALIZATION CEREMONIES CONDUCTED AT ) (Rescinds General Order No. 96-6)
LOCATIONS OTHER THAN A UNITED STATES )
COURTHOUSE )
______________________________________________ )

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General Order | 03-06

United States District Court, Central District of California

General Order
Category: Superseded

Order Number: Description: Date Filed:


03-06 Order Designating All Federal Debt Collection Act Cases for 11/18/2003
Electronic Filing
(Supersedes General Order No. 02-11)

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of )
) GENERAL ORDER NO. 03-06
ORDER DESIGNATING ALL FEDERAL DEBT )
COLLECTION ACT CASES FOR ELECTRONIC ) (Supersedes General Order No. 02-11)
FILING )
________________________________________ )

Click the attachment below to download.


File for Download:
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General Order | 03-13

United States District Court, Central District of California

General Order
Category: Superseded

Order Number: Description: Date Filed:


03-13 Eastern Division Pilot Project for Inclusion of Magistrate Judge in 12/16/2003
Civil Case Assignment Wheel

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of )
) GENERAL ORDER NO. 03-13
EASTERN DIVISION PILOT PROJECT FOR )
INCLUSION OF MAGISTRATE JUDGE IN CIVIL )
CASE ASSIGNMENT WHEEL )
________________________________________ )

IT IS HEREBY ORDERED that Magistrate Judge Stephen G. Larson, the resident


magistrate judge in the Eastern Division, shall be included in the pool of judicial officers
available for random selection as the assigned judge for all civil cases except death
penalty habeas petitions, bankruptcy appeals, and cases referred to a magistrate judge
for a Report and Recommendation.

Excluding the cases outlined above, Magistrate Judge Larson shall be randomly
assigned one-sixth (1/6) of the civil cases assigned to the Eastern Division each month.
All cases assigned to Magistrate Judge Larson shall be drawn from cases that would
otherwise be assigned to District Judge Robert Timlin. For those cases randomly assigned,
Magistrate Judge Larson shall be responsible for all case management and scheduling
activities, and shall hear and decide all non-dispositive pretrial and discovery matters.

When a case is randomly assigned to Magistrate Judge Larson, the Clerk shall
provide a Notice and Consent Form to the filing party who shall be directed to serve the
Notice and Consent From on each party served in the action. The Notice shall instruct all
counsel to return the Consent Form, indicating whether or not counsel and their client(s)
consent to the assignment to Magistrate Judge Larson, within five (5) days of the filing of
any dispositive motion or application for temporary or permanent injunctive relief, or five
(5) days before the Final Pre-Trial Conference, whichever occurs earlier. The Consent
Form shall expressly advise the parties that they are free to withhold consent without
adverse substantive consequences.

If all parties consent, the case shall remain assigned to Magistrate Judge Larson for
all purposes, including jury and non-jury trials and the entry of final judgment, pursuant
to the provisions of 28 U.S.C. §636(c) and Federal Rule of Civil Procedure 73(b). If any
party fails to consent within the time limits set forth above, the case shall be reassigned
to Judge Timlin (to whom the case would have been assigned initially).

If discovery motions are filed after the case has been reassigned to Judge Timlin,
Judge Timlin may refer the discovery motions to Magistrate Judge Larson.

This pilot project shall be effective for one year commencing on January 1, 2004.

http://www.cacd.uscourts.gov/CACD/GenOrders.nsf/0/C89B160E8745C91988256DFF0066C9E9 [3/24/2010 8:06:17 AM]


General Order | 04-01

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


04-01 Attorney Settlement Officer Panel (Supersedes General Orders 98- 05/26/2004
2 and 01-04)

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of )
) GENERAL ORDER NO. 04-01
ATTORNEY SETTLEMENT OFFICER PANEL )
______________________________________________ ) (Supersedes General Orders 98-2 and 01-
04)

1. SCOPE AND PURPOSE OF RULE


1.1 Scope. This General Order ("Order") governs the elective and mandatory
referral of certain actions for settlement conferences with a neutral member of a
settlement panel appointed by the Court.
1.2 Purpose. The Court finds that the substantial increase in the filings of criminal
and civil cases in this District, together with the adoption of Congressional requirements
for the priority scheduling of criminal trials and the shortage of Judges in this District,
have placed significant pressures on litigants, counsel, and the Court. The purpose of this
attorney settlement program is to alleviate some of these pressures and to encourage the
fair, speedy, and economical resolution of controversies by allowing parties to submit
their cases to an impartial Attorney Settlement Officer who is experienced in one or more
designated areas of law and/or in the processes of alternative dispute resolution.

2. ADMINISTRATION
2.1 Appointment of the Coordinator. The Attorney Settlement Officer Panel shall be
coordinated by a Program Coordinator (the "Coordinator") at the direction of the Clerk of
Court.
2.2 Duties of the Coordinator. The duties of the Coordinator shall be established by
the Court, and shall include the following:
(a) Maintenance of the current list of panelists available to act as Attorney
Settlement Officers, and regular circulation of said list to the Judges of the Court;
(b) Periodic reporting to the Court on the status and effectiveness of the Attorney
Settlement Officer Panel, and maintenance of records including disposition and success
rates for this purpose;
(c) Performance of any additional duties as the Court may direct which are
necessary for the efficient administration of the Settlement Program.
2.3 Duties of the Bar. The Court shall appoint a committee of federal court
practitioners for the purpose of:
(a) Assisting the Court with the recruitment of suitable Attorney Settlement Officer
candidates;
(b) Reviewing candidate applications for the Attorney Settlement Officer Panel and
providing advice to the Court in connection with the selection and appointment of panel
members; and
(c) To perform such additional duties as the Court may direct which are necessary
for the efficient administration of the Settlement Program.

3. ATTORNEY SETTLEMENT OFFICER QUALIFICATIONS AND SELECTION


3.1 Qualifications. A person may serve as an Attorney Settlement Officer under this
program if:
(a) the person has been a United States Appellate, District, Magistrate or
Bankruptcy Judge, or a California Judicial Officer or
(b) the person is currently a member in good standing of the Bar of the United
States District Court, Central District of California, with at least 10 years legal practice
experience, and has significant expertise in one or more of the following areas:
(1) Americans with Disabilities Act

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General Order | 04-01

(2) Antitrust
(3) Business / Commercial Litigation
(4) Civil Rights
(5) Class Actions
(6) Copyright / Trademark
(7) Employment / Discrimination / Wrongful Termination
(8) Environmental
(9) ERISA
(10) Insurance Coverage / Bad Faith
(11) Labor
(12) Patent
(13) Personal Injury
(14) Products Liability
(15) Real Estate / Construction
(16) Securities
(17) Tax
Practitioners with extensive alternative dispute resolution experience may also
apply for a position on the Attorney Settlement Officer Panel, subject to the qualifications
mentioned in this section.
3.2 Mandatory Training. In order to qualify for appointment to the Attorney
Settlement Officer Panel, an applicant shall successfully complete the court-conducted
training course in settlement proceedings or provide proof that he or she has successfully
completed a court-approved training course in mediation or arbitration. In order to qualify
for subsequent reappointments to the Attorney Settlement Officer Panel, an applicant
shall agree to periodically participate in court-conducted or court-approved refresher or
advanced training.
The committee may, in its discretion, waive the mandatory training requirement
upon application of the individual.
3.3 Application of Candidates. An application for selection as an Attorney
Settlement Officer can be obtained from the clerk's office, the Coordinator, or can be
downloaded from the Court's website located at www.cacd.uscourts.gov. The application
shall be submitted to the Coordinator.
3.4 Appointment of Attorney Settlement Officers. Attorney Settlement Officers shall
be appointed by the Court. An Attorney Settlement Officer may ask the Coordinator at
any time to have his or her name removed from the Panel.
3.5 Term of Appointment. Appointment to the Attorney Settlement Officer Panel
shall be for a term of two years. This term may be renewed at the discretion of the Court
upon the consent of the Attorney Settlement Officer. The Court may, in its sole discretion,
remove any person from the Attorney Settlement Officer Panel who is unable to commit
sufficient time to or otherwise meet the requirements of the Attorney Settlement Officer
Program.
3.6 Compensation. Attorney Settlement Officers shall volunteer their preparation
time and the first three hours in a settlement proceeding. After three hours of the
settlement proceeding, the Attorney Settlement Officer may (1) give the parties the
option of concluding the settlement proceeding, (2) continue the settlement proceeding
and volunteer his or her time, or (3) continue the settlement proceeding on such terms
and rates as the Attorney Settlement Officer and all parties agree in a private, written
contract. The settlement proceeding will continue only if all parties and the Attorney
Settlement Officer agree.
4. REFERRAL OF CASES TO THE SETTLEMENT CONFERENCE PROGRAM
4.1 Election of Settlement Conference Program. The election of an Attorney
Settlement Officer to conduct the settlement proceedings shall be in accordance with the
Local Civil Rules. Parties opting to pursue this settlement procedure must make that
election by filing with the Court a "Settlement Procedure Selection: Notice, Request and
Order", in the form attached hereto as Exhibit "A", signed by counsel for all parties, or by
oral stipulation of the parties at the Mandatory Settlement Conference. The time
requirements for making this election are as set forth in the Local Civil Rules.
4.2 Effect of Referral. Unless otherwise ordered, a referral to the Attorney
Settlement Officer Program under this Rule shall not interfere with any party's right to
discovery, alter scheduled pre-trial or trial dates or otherwise affect the operation of the
Federal Rules of Civil Procedure or any other rule of this Court.
5. ASSIGNMENT OF CASE TO ATTORNEY SETTLEMENT OFFICER
5.1 By Stipulation of Parties. The parties may stipulate to an Attorney Settlement
Officer on the current Panel List maintained by the Coordinator. Upon obtaining the
consent of an Attorney Settlement Officer, the parties' designation of Attorney Settlement
Officer shall be contained in a "Stipulation Regarding Selection of Attorney Settlement

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General Order | 04-01

Officer", in the form attached hereto as Exhibit "B", and filed with the Court.
5.2 By Random Assignment. If the parties are unable to stipulate to an Attorney
Settlement Officer to conduct the settlement proceedings, the Clerk of Court shall
randomly select an Attorney Settlement Officer from the current Panel List with expertise
in the area of the law as designated by counsel for all parties.
6. SCHEDULING AND LOCATION OF SETTLEMENT PROCEEDINGS
6.1 Notice to Parties of Settlement Proceedings. Upon receiving notice of the
assignment as the Attorney Settlement Officer, it is the Attorney Settlement Officer's
responsibility to schedule a time, date and location for the settlement proceedings to
occur as soon as reasonably possible. The Court shall provide suitable space for the
settlement proceedings if a request is made to the Coordinator. The Attorney Settlement
Officer shall either notify the Coordinator of the time, date and place of the settlement
proceedings or notify the Coordinator that a settlement proceeding could not be
scheduled within 45 days upon receiving notice of the assignment.
6.2 Continuances and Rescheduling. No continuance or rescheduling of the
settlement proceedings shall be granted except upon agreement of the Attorney
Settlement Officer. The Coordinator shall be notified of any continuance or rescheduling of
settlement proceedings.
7. CONDUCT OF SETTLEMENT PROCEEDINGS
7.1 Submission of Confidential Settlement Statement. As required by Local Civil
Rule (requirements for settlements procedures, statement of case).
7.2 Appearance by Party Representative. Each party shall appear at the settlement
proceeding in accordance with the Local Civil Rule. With prior approval of the Attorney
Settlement Officer, a party whose defense is provided by a liability insurance company
need not personally attend, but a representative of the party's insurer shall attend and
must be empowered to settle the case.
7.3 Attendance of Trial Attorney. Each party shall be represented at the settlement
proceeding by the attorney who is expected to try the case, unless excused for good
cause by the Attorney Settlement Officer.
7.4 Settlement Conference Questionnaires. At the time of the settlement
proceeding, the Attorney Settlement Officer shall distribute to each litigant and attorney
questionnaires in the form attached hereto as Exhibit "C", to be returned directly to the
Coordinator.
7.5 Report to the Coordinator and the Court. Within five days after the conclusion of
the settlement proceeding, the Attorney Settlement Officer shall submit to the
Coordinator and file with the Court an "Attorney Settlement Officer Proceeding Report", in
the form attached hereto as Exhibit "D", informing the Administrator and the Court about
the disposition of the case. The Attorney Settlement Officer shall also submit a completed
questionnaire to the Coordinator in the form attached hereto as Exhibit "E".
7.6 Confidentiality of Proceedings. As provided by the Local Civil Rules, all
settlement proceedings shall be confidential and no statement made therein shall be
admissible in any proceeding in the case, unless the parties otherwise agree. No part of a
settlement proceeding shall be reported, or otherwise recorded, without the consent of
the parties, except for any memorialization of a settlement agreement.
7.7 Immunity. Attorney Settlement Officers are performing quasi-judicial functions
and are entitled to the immunities and protections that the law accords to persons serving
in such capacity.
8. SANCTIONS FOR FAILING TO COMPLY WITH REQUIREMENTS
8.1 Failure to Appear. Failure of counselor of a party to attend a settlement
proceeding shall be reported to the assigned judge by the Attorney Settlement Officer.
The assigned judge may impose sanctions for willful failure to attend a settlement
proceeding as the Court deems appropriate.
8.2 Failure to Comply With Settlement Proceeding Requirements. The Attorney
Settlement Officer may report to the assigned judge any failure by any party to comply
with this Order and may recommend that sanctions be imposed by the Court for such
failure. The assigned judge may impose such sanctions as appropriate under the
circumstances.

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General Order | 05-02

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


05-02 Adoption of Standard Conditions of Probation and Supervised 01/18/2005
Release (Amends General Order No. 318)

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of )
) GENERAL ORDER NO. 05-02
ADOPTION OF STANDARD CONDITIONS OF PROBATION )
AND SUPERVISED RELEASE ) (Amends General Order No. 318)
______________________________________________ )

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General Order | 05-07

United States District Court, Central District of California

General Order
Category: Administrative

Order Number: Description: Date Filed:


05-07 Assignment of Duties to Magistrate Judges 11/03/2005
(Supersedes GOs. 104, 104-A, 104-B, 104-C, 104-D, 104-E, 104-F
and 194, 194-A, 194-B, 194-C, 194-D, 194-E, 194-F, 194-G, 194-H,
194-I, 97-3
and 01-13)

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

ASSIGNMENT OF DUTIES TO MAGISTRATE )


JUDGES ) GENERAL ORDER NO. 05-07
)
) (Supersedes General Orders Nos. 104, 104-
) A, 104-B, 104-C, 104-D, 104-E, 104-F and
) 194, 194-A, 194-B, 194-C, 194-D, 194-E,
________________________________________ ) 194-F, 194-G, 194-H, 194-I, 97-3 and 01-
13)

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General Order | 05-08

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


05-08 New Local Criminal Rule 46-2.1 11/09/2005

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

NEW LOCAL CRIMINAL RULE 46-2.1 )


) GENERAL ORDER NO. 05-08
)
)
)
______________________________________________ )

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General Order | 05-09

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


05-09 Amendment to Local Civil Rule 7.1-1 11/09/2005

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

AMENDMENT TO LOCAL CIVIL RULE 7.1-1 )


) GENERAL ORDER NO. 05-09
)
)
)
______________________________________________ )

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General Order | 05-10

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


05-10 Amendment to Local Civil Rule 11-3.8 11/09/2005

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

AMENDMENT TO LOCAL CIVIL RULE 11-3.8 )


) GENERAL ORDER NO. 05-10
)
)
)
______________________________________________ )

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General Order | 06-01

United States District Court, Central District of California

General Order
Category: Administrative

Order Number: Description: Date Filed:


06-01 Assignment of Duties to Magistrate Judges (Amends GO 05-07) 02/28/2006

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of )
) GENERAL ORDER NO. 06-01
)
ASSIGNMENT OF DUTIES TO MAGISTRATE ) (Amends General Order No. 05-07)
JUDGES )
)
________________________________________ )

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General Order | 06-06

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


06-06 In the Matter of Wireless Communication Devices within 11/16/2006
Courthouses and
Federal Buildings

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

IN THE MATTER OF WIRELESS COMMUNICATION )


DEVICES WITHIN COURTHOUSES AND FEDERAL ) GENERAL ORDER NO. 06-06
BUILDINGS )
________________________________________ )

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General Order | 06-07

United States District Court, Central District of California

General Order
Category: Superseded

Order Number: Description: Date Filed:


06-07 Order Authorizing Electronic Filing (Supersedes General Order Nos. 12/13/2006
03-06 and 05-01)

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of )
) GENERAL ORDER NO. 06-07
ORDER AUTHORIZING ELECTRONIC FILING )
_______________________________________ ) (Supersedes General Order Nos. 03-06 &
05-01)

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General Order | 07-01

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


07-01 Alternative Dispute Resolution Pilot Program 03/22/2007
(Supersedes General Order 02-07)

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of )
) GENERAL ORDER NO. 07-01
ALTERNATIVE DISPUTE RESOLUTION PILOT )
PROGRAM ) (Supersedes General Order 02-07)
_______________________________________ )

Click the attachment below to view GO 07-01

NOTE: Exhibits not included in the list below are not available to the public.

Exhibit B - Form ADR-9


Exhibit G - Form ADR-15
Exhibit H - Form ADR-03
Exhibit I - Form ADR-16

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General Order | 07-06

United States District Court, Central District of California

General Order
Category: Administrative

Order Number: Description: Date Filed:


07-06 Amends Section II of General Order 98-06 10/01/2007

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of )
) GENERAL ORDER NO. 07-06
)
PLAN FOR THE COMPOSITION, ) (Amends section III of General Order 98-
ADMINISTRATION, AND MANAGEMENT OF THE ) 06)
PANEL OF PRIVATE ATTORNEYS UNDER THE )
CRIMINAL JUSTICE ACT )

________________________________________

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General Order | 07-09

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


07-09 Method of Allocating Criminal and Complex Criminal Cases amoung 10/12/2007
the Divisions of the Central District Court of California (Supersedes
General Order No. 96-21)

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of ) GENERAL ORDER NO. 07-09


)
METHOD OF ALLOCATING CRIMINAL AND ) (Supersedes General Order No. 96-21)
COMPLEX CRIMINAL CASES AMONG THE )
DIVISIONS OF THE CENTRAL DISTRICT )
COURT OF CALIFORNIA )

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General Order | 07-10

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


07-10 Plan of the United States District Court, Central District of 11/28/2007
California for the Random Selection of Grand and Petit Jurors
(Rescinds General Order Nos. 99-8 and 03-12)

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of ) GENERAL ORDER NO. 07-10


)
PLAN OF THE ) (Rescinds General Order Nos. 99-8 and 03-
UNITED STATES DISTRICT COURT, ) 12)
CENTRAL DISTRICT OF CALIFORNIA FOR )
THE RANDOM SELECTION OF GRAND AND )
PETIT JURORS

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General Order | 08-02

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


08-02 Order Authorizing Electronic Filing (Supersedes General Order 07- 02/07/2008
08; also refer to GO 08-11)

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of ) GENERAL ORDER NO. 08-02


)
ORDER AUTHORIZING ELECTRONIC FILING ) (Supersedes General Order 07-08; also
) refer to GO 08-11)
)
)
)
)

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General Order | 08-03

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


08-03 Service of Electronically Filed Documents 02/07/2008

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of ) GENERAL ORDER NO. 08-03


)
SERVICE OF ELECTRONICALLY FILED )
DOCUMENTS )
)
)
)
)

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General Order | 08-04

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


08-04 CJA Interim and Final Voucher Submissions 03/24/2008

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of ) GENERAL ORDER NO. 08-04


)
CJA INTERIM AND FINAL VOUCHER )
SUBMISSIONS )
)
)

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General Order | 08-05

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


08-05 Assignment of Cases and Duties to Judges 04/17/2008
(Supersedes GO No. 08-01)

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of ) GENERAL ORDER NO. 08-05


)
ASSIGNMENT OF CASES ) (Supersedes General Order No. 08-01)
AND )
DUTIES TO JUDGES )
)
)
)

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General Order | 08-08

United States District Court, Central District of California

General Order
Category: Administrative

Order Number: Description: Date Filed:


08-08 Plan for the Composition, Administration, and Management of the 08/14/2008
Panel of Private Attorneys Under the Criminal Justice Act (Amends
section III of GO 07-06)

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of ) GENERAL ORDER NO. 08-08


)
PLAN FOR THE COMPOSITION, ) (Amends section III of General
ADMINISTRTION, AND MANAGEMENT OF ) Order 07-06)
THE PANEL OF PRIVATE ATTORNEYS )
UNDER THE CRIMINAL JUSTICE ACT )

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General Order | 08-09

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


08-09 Direct Assignment of Civil Cases to Magistrate Judges 12/03/2008

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of ) GENERAL ORDER NO. 08-09


)
DIRECT ASSIGNMENT OF CIVIL CASES )
TO MAGISTRATE JUDGES )
)
)

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General Order | 08-11

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


08-11 Order Authorizing Electronic Filing 12/08/2008

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of ) GENERAL ORDER NO. 08-11


)
ORDER AUTHORIZING ELECTRONIC ) (Amends General Order No. 08-02,
FILING ) sections II.T and IV.D, and Table of
) Contents)

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General Order | 09-01

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


09-01 Registered Legal Services Attorney 04/06/2009

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of ) GENERAL ORDER NO. 09-01


)
REGISTERED LEGAL SERVICES )
ATTORNEY )
)

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General Order | 09-08

United States District Court, Central District of California

General Order
Category: Administrative

Order Number: Description: Date Filed:


09-08 Method of Allocating Removal Cases in the Eastern Division of The 11/18/2009
Central District of California

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of ) GENERAL ORDER NO. 09-08


)
METHOD OF ALLOCATING REMOVAL )
CASES IN THE EASTERN DIVISION OF )
THE CENTRAL DISTRICT OF CALIFORNIA )
)
)

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General Order | 10-04

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


10-04 The Adoption of New and Revised Local Rules 02/25/2010

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of ) GENERAL ORDER NO. 10-04


)
THE ADOPTION OF NEW AND )
REVISED LOCAL RULES )
)

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General Order | 266

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


266 Reference of Cases and Proceedings to Bankruptcy Judges of the 10/09/1984
District, and the Reference of Appeals to the Bankruptcy
Appleallate Panels

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of ) GENERAL ORDER NO. 266


)
Reference of Cases and Proceedings to )
Bankruptcy Judges of the District, and )
the Reference of Appeals to the )
Bankruptcy Appleallate Panels )

IT IS HEREBY ORDERED that:

1. The Order of the Chief Judge filed July 23, 1984, which refers to the bankruptcy judges
of this district, all cases under Title 11 and all proceedings under Title 11 or arising in or
related to a case under Title 11 pursuant to 28 U.S.C. 157(a); and

2. The Order of the Chief Judge filed August 6, 1984, which refers to the bankruptcy
judges of this district, all cases and matters and proceedings under the Bankruptcy Act
pending before this court, are adopted nune pro tunc to said filing dates; and

Good cause appearing, IT IS FURTHER ORDERED:

1. Pursuant to 28 U.S.C. 5158(b)(2), the court hereby authorizes a bankruptcy appellate


panel to hear and determine, upon the consent of all the parties:
a. appeals from final judgments, orders, and decrees entered by bankruptcy judges
from this district; and
b. with leave of the panel, appeals from interlocutory judgments, orders, and
decrees entered by bankruptcy judges from this district.

2. The appeals the bankruptcy panel may hear and determine under subparagraph (1)
include:
a. appeals pending in the district court on the effective date of the Bankruptcy
Amendments and Federal Judgeship Act of 1984 (the Act);
b. appeals filed after the effective date of the Act; and
c. appeals transferred from the bankruptcy appellate panel to the district court
pursuant to section 115(b) of the Act.

Dated:______________

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General Order | 266-A

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


266-A Reference of Jury Trials in Bankruptcy Cases and 02/03/1995
Bankruptcy Proceedings to Bankruptcy Judges of the Central District

UNITED STATES DISTRICT COURT


CENTRAL DISTRICT OF CALIFORNIA

In the Matter of: ) GENERAL ORDER NO. 266-A


)
Reference of Jury Trials in Bankruptcy )
Cases and Bankruptcy Proceedings to )
Bankruptcy Judges of the Central District )
)

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File for Download:


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General Order | 308

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


308 Assignment of Habeas Corpus Petitions Involving the Death Penalty 12/08/1988

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

IN RE )
) GENERAL ORDER NO. 308
ASSIGNMENT OF HABEAS CORPUS )
PETITIONS INVOLVING THE DEATH ) AMENDMENT OF GENERAL ORDER NO. 224
PENALTY )

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General Order | 318

United States District Court, Central District of California

General Order
Category: Superseded

Order Number: Description: Date Filed:


318 Adoption of Standard Conditions of Probation and Supervised 01/29/1990
Release

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of )
) GENERAL ORDER NO. 318
ADOPTION OF STANDARD CONDITIONS OF )
PROBATION AND SUPERVISED RELEASE )
)

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General Order | 349

United States District Court, Central District of California

General Order
Category: Administrative

Order Number: Description: Date Filed:


349 Allocation of cases Among the Divisions 10/25/1994
(Supersedes GOs. 310-B and 310-D)

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of ) GENERAL ORDER NO. 349


)
METHOD OF ALLOCATING CASES AMONG ) (SUPERSEDES GENERAL ORDERS 310-B
THE DIVISIONS OF THE CENTRAL ) AND 310-D)
DISTRICT COURT OF CALIFORNIA )
___________________________________ )

WHEREAS, United States Code 28 §84(c) divides the Central District of California into
three (3) Divisions, as follows:

● the Western Division comprised of Los Angeles, San Luis Obispo, Santa Barbara and
Ventura Counties,
● the Southern Division comprised of Orange County, and
● the Eastern Division comprised of Riverside and San Bernardino Counties,

IT IS HEREBY ORDERED that the following shall govern the method of allocating cases
among the Western, Southern and Eastern Divisions:

1. Assignment of Civil Cases to the Southern Division


A. (i) Except as provided in paragraph (B), a civil case shall be assigned to the Southern
Division if:
(a) each plaintiff resides in the Southern Division or in a place outside the remainder of
the Central District of California, and
(b) each named defendant resides in the Southern Division or in a place outside the
remainder of the Central District of California, and
(c) all claims arose in the Southern Division or in a place outside the remainder of the
Central District of California.
(ii) Except as provided in paragraph B., a civil case in which the United States or any
agency thereof is a defendant, and in which all plaintiffs reside in the Southern Division shall
be assigned to the Southern Division. In addition, a civil case in which the United States or
any agency thereof is a plaintiff, and in which all defendants reside in the Southern Division
shall be assigned to the Southern Division.
(iii) With the exception of those cases assigned to the Eastern Division pursuant to
paragraph 2, all other civil cases shall be assigned to the Western Division.
B. (i) In order to balance the number of civil cases assigned to the judicial officers of the
Western, Southern and Eastern Divisions, there shall be determined a maximum number of
civil cases allowed for assignment to the Southern Division for a given period. This
predetermined number shall be adjusted as needed.
(ii) Once the predetermined number of civil cases has been assigned to the Southern
Division for the given period, all additional civil cases filed during that period shall be assigned
to the Western Division.
(iii) If the actual number of civil cases assigned to the Southern Division for the given
period is less than the predetermined number of cases allowed for assignment, the difference
shall be added to the next period's allowance of Southern Division civil cases.
2. Assignment of Civil Cases to the Eastern Division
A. (i) Except as provided in paragraph B, a civil case shall be assigned to the Eastern
Division if:
(a) each plaintiff resides in the Eastern Division or in a place outside the remainder of

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General Order | 349

the Central District of California, and


(b) each named defendant resides in the Eastern Division or in a place outside the
remainder of the Central District of California, and
(c) all claims arose in the Eastern Division or in a place outside the remainder of the
Central District of California.
(ii) Except as provided in paragraph B., a civil case in which the United States or any
agency thereof is a defendant, and in which all plaintiffs reside in Eastern Division shall be
assigned to the Eastern Division. In addition, a civil case in which the United States or any
agency thereof is a plaintiff, and in which all defendants reside in the Eastern Division shall be
assigned to the Eastern Division.
(iii) With the exception of those cases assigned to the Southern Division pursuant to
paragraph 1, all other civil cases shall be assigned to the Western Division.
B. (i) In order to balance the number of civil cases assigned to the judicial officers of the
Western, Southern and Eastern Divisions, there shall be determined a maximum number of
civil cases allowed for assignment to the Eastern Division for a given period. This
predetermined number shall be adjusted as needed.
(ii) Once the predetermined number of civil cases has been assigned to the Eastern
Division for the given period, all additional civil cases filed during that period shall be assigned
to the Western Division.
(iii) If the actual number of civil cases assigned to the Eastern Division for the given
period is less than the predetermined number of cases allowed for assignment, the difference
shall be added to the next period's allowance of Eastern Division civil cases.
3. Assignment of Criminal Cases to the Southern Division
A. A criminal indictment or information may be assigned to the Southern Division if the
majority of the crimes charged are alleged to have been committed within the Southern
Division.
B. (i) In order to balance the number of criminal cases assigned to the judicial officers of
the Western, Southern and Eastern Divisions, there shall be determined a maximum number
of criminal cases allowed for assignment to the Southern Division for a given period. This
predetermined number shall be adjusted as needed.
(ii) Once the predetermined number of criminal cases has been assigned to the
Southern Division for the given period, all additional criminal cases filed during that period
shall be assigned to the Western Division.
(iii) If the actual number of criminal cases assigned to the Southern Division for the
given period is less than the predetermined number of cases allowed for assignment, the
difference shall be added to the next period's allowance of Southern Division criminal cases.
C. All guilty pleas pursuant to Federal Rule 20 for arrests within the Southern Division
shall be assigned to the Southern Division.
D. For any transfer of a case to or from any Division that requires a change of the
individual attorney of record as approved by the transferor judge, there shall be a new
minimum 30-day period for trial preparation which shall run from the day of the order of
transfer, unless waived by the parties.
4. Assignment of Criminal Cases to the Eastern Division
The initial United States District Judge assigned to the Eastern Division shall receive
Western Division criminal cases until such time he or she is permanently located in the
Eastern Division. Once the initial United States District Judge is permanently located in the
Eastern Division, the assignment of criminal cases shall be assigned to the Eastern Division as
follows:
A. A criminal indictment or information may be assigned to the Eastern Division if the
majority of the crimes charged are alleged to have been committed within the Eastern Division.
B.
(i) In order to balance the number of criminal cases assigned to the judicial officers of
the Western, Southern and Eastern Divisions, there shall be determined a maximum number
of criminal cases allowed for assignment to the Eastern Division for a given period. This
predetermined number shall be adjusted as needed.
(ii) Once the predetermined number of criminal cases has been assigned to the Eastern
Division for the given period, all additional criminal cases filed during that period shall be
assigned to the Western Division.
(iii) If the actual number of criminal cases assigned to the Eastern Division for the given
period is less than the predetermined number of cases allowed for assignment, the difference
shall be added to the next period's allowance of Eastern Division criminal cases.
C. All guilty pleas pursuant to Federal Rule 20 for arrests within the Eastern Division
shall be assigned to the Eastern Division.
D. For any transfer of a case to or from any Division that requires a change of the
individual attorney of record as approved by the transferor judge, there shall be a new
minimum 30-day period for trial preparation which shall run from the day of the order of

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General Order | 349

transfer, unless waived by the parties.


5. Assignment of Bankruptcy Matters to the Southern Division
A. All bankruptcy appeals, referrals and contempt proceedings from the Bankruptcy
Court in the Southern Division shall be assigned to the Southern Division.
B. All bankruptcy matters that have been withdrawn to the district court by the
Southern Division Bankruptcy Duty Judge shall be assigned to the Southern Division.
6. Assignment of Bankruptcy Matters to the Eastern Division
A. All bankruptcy appeals, referrals and contempt proceedings from the Bankruptcy
Court in the Eastern Division shall be assigned to the Eastern Division.
B. All bankruptcy matters that have been withdrawn to the district court by the Eastern
Division Bankruptcy Duty Judge shall be assigned to the Eastern Division.
7. Assignment of Other Matters
A. Notices of Removal - Removed cases shall be assigned to the appropriate Division of
the Central District Court of California pursuant to the civil case assignment procedures set
forth in paragraphs 1 and 2 of this Order.
B. Habeas Corpus Petitions and § 2255 Motions
(i) Non-death penalty habeas corpus petitions where the prisoner was convicted in the
Southern Division shall be assigned to the Southern Division.
(ii) Non-death penalty habeas corpus petitions where the prisoner was convicted in the
Eastern Division shall be assigned to the Eastern Division.
(iii) Habeas corpus cases involving the death penalty shall be assigned in accordance
with the general procedures for those cases.
(iv) Motions under §2255 shall be assigned as provided in General Order 224.
C. Naturalization - All naturalization and immigration matters shall be primarily assigned
to the Western Division.
D. Prisoner Civil rights Cases - All prisoner civil rights cases shall be assigned to the
Western Division.
E. Emergency Filings - All emergency filings shall be filed in the Western Division. If the
case would otherwise have been assigned to another Division, it shall be so assigned the
following business day.
8. Consent to Proceed Before a U.S. Magistrate Judge
Regardless of where a civil case is assigned, the parties may consent to proceed before
a magistrate judge pursuant to General Order 194-G, and may stipulate to a specific
magistrate judge regardless of where that magistrate judge is assigned. If no specific
magistrate judge is requested by the parties, one shall be selected at random from an
assignment wheel which shall contain the names of all full-time magistrate judges regardless
of where assigned.
This General Order shall be effective October 25, 1994, and shall supersede General
Orders 310-B and 310-D previously filed with the Court.

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General Order | 349-A

United States District Court, Central District of California

General Order
Category: Administrative

Order Number: Description: Date Filed:


349-A Method of Allocating Cases among the Divisions of the Central 01/30/1995
District Court of California

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

IN THE MATTER OF METHOD OF ) GENERAL ORDER NO. 349-A


ALLOCATING CASES AMONG THE )
DIVISIONS OF THE CENTRAL )
DISTRICT COURT OF CALIFORNIA )
)

WHEREAS, in order to bring about an equal distribution of civil and criminal cases, the Court
will periodically review and modify the method of allocating cases among the Divisions, and

WHEREAS, it now appears necessary to modify the civil and criminal case assignment rules to
keep the caseload per judge in the Southern and Eastern Divisions in relative proximity to the
caseloads of judges in the Western Division of the Court,

IT IS HEREBY ORDERED that General Order No. 349 be amended as follows:

1. Assignment of Civil Cases to the Southern Division

i. Except as provided in paragraph (B), a civil case shall be assigned to the


Southern Division if two of the following three venue components as
described below are within the Southern Division:

a. the majority of all plaintiffs reside in the Southern Division or in a


place outside the remainder of the Central District of California with
an equal number deemed to be a Southern Division majority;

b. the majority of all named defendants reside in the Southern Division


or in a place outside the remainder of the Central District of California
with an equal number deemed to be a Southern Division majority;

c. the majority of all claims arose in the Southern Division or in a place


outside the remainder of the Central District of California with an
equal number deemed to be a Southern Division majority.

ii. Except as provided in paragraph B., a civil case in which the United States
or any agency thereof is a defendant, and in which the majority of all
plaintiffs reside in the Southern Division shall be assigned to the Southern
Division. In addition, a civil case in which the United States or any agency
thereof is a plaintiff, and in which the majority of all defendants reside in
the Southern Division shall be assigned to the Southern Division.

iii. With the exception of those cases assigned to the Eastern Division pursuant
to paragraph 2, all other civil cases shall be assigned to the Western
Division.

i. In order to balance the number of civil cases assigned to the judicial officers
of the Western, Southern and Eastern Divisions, there shall be determined a
maximum number of civil cases allowed for assignment to the Southern
Division for a given period. This predetermined number shall be adjusted as
needed.

ii. Once the predetermined number of civil cases has been assigned to the
Southern Division for the given period, all additional civil cases filed during

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General Order | 349-A

that period shall be assigned to the Western Division.

iii. If the actual number of civil cases assigned to the Southern Division for the
given period is less than the predetermined number of cases allowed for
assignment, the difference shall be added to the next period's allowance of
Southern Division civil cases.

2. Assignment of Civil Cases to the Eastern Division

i. Except as provided in paragraph B, a civil case shall be assigned to the


Eastern Division if:

a. each plaintiff resides in the Eastern Division or in a place outside the


remainder of the Central District of California, and

b. each named defendant resides in the Eastern Division or in a place


outside the remainder of the Central District of California, and

c. all claims arose in the Eastern Division or in a place outside the


remainder of the Central District of California.

ii. Except as provided in paragraph B., a civil case in which the United States
or any agency thereof is a defendant, and in which all plaintiffs reside in
Eastern Division shall be assigned to the Eastern Division. In addition, a civil
case in which the United States or any agency thereof is a plaintiff, and in
which all defendants reside in the Eastern Division shall be assigned to the
Eastern Division.

iii. With the exception of those cases assigned to the Southern Division
pursuant to paragraph 1, all other civil cases shall be assigned to the
Western Division.

i. In order to balance the number of civil cases assigned to the judicial officers
of the Western, Southern and Eastern Divisions, there shall be determined a
maximum number of civil cases allowed for assignment to the Eastern
Division for a given period. This predetermined number shall be adjusted as
needed.

ii. Once the predetermined number of civil cases has been assigned to the
Eastern Division for the given period, all additional civil cases filed during
that period shall be assigned to the Western Division.

iii. If the actual number of civil cases assigned to the Eastern Division for the
given period is less than the predetermined number of cases allowed for
assignment, the difference shall be added to the next period's allowance of
Eastern Division civil cases.

3. Assignment of Criminal Cases to the Southern Division

A. A criminal indictment or information may be assigned to the Southern Division if


at least one of the crimes charged, or any part thereof, is alleged to have been
committed within the Southern Division.
i. In order to balance the number of criminal cases assigned to the judicial
officers of the Western, Southern and Eastern Divisions, there shall be
determined a maximum number of criminal cases allowed for assignment to
the Southern Division for a given period. This predetermined number shall
be adjusted as needed.

ii. Once the predetermined number of criminal cases has been assigned to the
Southern Division for the given period, all additional criminal cases filed
during that period shall be assigned to the Western Division.

iii. If the actual number of criminal cases assigned to the Southern Division for
the given period is less than the predetermined number of cases allowed for
assignment, the difference shall be added to the next period's allowance of
Southern Division criminal cases.

C. All guilty pleas pursuant to Federal Rule 20 for arrests within the Southern

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General Order | 349-A

Division shall be assigned to the Southern Division.

D. For any transfer of a case to or from any Division that requires a change of the
individual attorney of record as approved by the transferor judge, there shall be a
new minimum 30-day period for trial preparation which shall run from the day of
the order of transfer, unless waived by the parties.

5. Assignment of Criminal Cases to the Eastern Division

Upon determination by the Chief Judge, the United States District Judge assigned to the
Eastern Division may receive Eastern Division criminal cases prior to such time he or
she is permanently located in the Eastern Division. The assignment of criminal cases
shall be assigned to the Eastern Division as follows:

A. A criminal indictment or information may be assigned to the Eastern Division if all


of the crimes charged are alleged to have been committed within the Eastern
Division.
i. In order to balance the number of criminal cases assigned to the judicial
officers of the Western, Southern and Eastern Divisions, there shall be
determined a maximum number of criminal cases allowed for assignment to
the Eastern Division for a given period. This predetermined number shall be
adjusted as needed.
ii. Once the predetermined number of criminal cases has been assigned to the
Eastern Division for the given period, all additional criminal cases filed
during that period shall be assigned to the Western Division.
iii. If the actual number of criminal cases assigned to the Eastern Division for
the given period is less than the predetermined number of cases allowed for
assignment, the difference shall be added to the next period's allowance of
Eastern Division criminal cases.

C. All guilty pleas pursuant to Federal Rule 20 for arrests within the Eastern Division
shall be assigned to the Eastern Division.

D. For any transfer of a case to or from any Division that requires a change of the
individual attorney of record as approved by the transferor judge, there shall be a
new minimum 30-day period for trial preparation which shall run from the day of
the order of transfer, unless waived by the parties."

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General Order | 95-01

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


95-01 Procedures for Appointing Counsel to Hospitalized Defendants 12/01/1995

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

IN RE: )
) GENERAL ORDER NO. 95-01
PROCEDURES FOR APPOINTING COUNSEL TO )
HOSPITALIZED DEFENDANTS )
________________________________________ )

WHEREAS, circumstances exist from time to time wherein defendants who, by virtue of their
medical condition, cannot be transported to the court for arraignment and other preliminary
proceedings under Rule 5 of The Federal Rules of Criminal Procedure,

IT IS HEREBY ORDERED, following the agreement of the Federal Public Defender's and United
States Attorney's Offices, that the following procedures shall apply:

1. Notification by U.S. Attorney's Office: An Assistant United States Attorney shall


notify the Clerk's Office in the event that a defendant has been arrested, either with or
without a warrant, and the defendant cannot be brought to the court for arraignment
due to a medical condition.

2. Appointment of Counsel: The Clerk's Office shall promptly appoint the Office of the
Federal Public Defender to represent the defendant for purposes of insuring compliance
with Rule 5 of the Rules of Criminal Procedure and this Order. In the event the Public
Defender's Office is not available or has a conflict of interest, the Clerk shall appoint a
CJA panel attorney.

3. Remand to U.S. Marshals Service: The defendant shall be remanded to the custody
of the U.S. Marshals Service as of the date the Clerk's Office appoints counsel for the
defendant ortherwise ordered by the Court, without prejudice to subsequent review by
the Court.

4. Hospital Arraignments: The Court, on its own motion or upon the request of the U.S.
Attorney's Office or upon the request of defense counsel in its discretion, may conduct a
hospital arraignment.

5. Probable Cause Determinations: When a hospitalized defendant is arrested without a


warrant, the U.S. Attorney's Office shall submit without unnecessary delay to the
magistrate judge assigned criminal duty, a complaint and affidavit in support of a
finding of probable cause. If the magistrate judge does not find probable cause, the
case shall be dismissed.

6. Probable Cause Challenge/Bail Hearings: In the event that the defendant seeks to
challenge the probable cause determination or requests a bail hearing, the attorney for
the defendant shall notify the Clerk. The attorney shall also notify the Clerk whether a
Waiver of Appearance will be filed. Upon the filing of a Waiver of Appearance, the Court
shall hold the hearing within 24 business hours in the absence of the defendant. If no
Waiver of Appearance is filed, the Court may conduct a telephonic first appearance at
the request of defense counsel and with the concurrence of government counsel. If no
such agreement between parties is made, the Court shall determine whether
circumstances exist that would necessitate the hearing to be held in the hospital.

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General Order | 95-01

7. Notification of Defendant's Ability to Travel: It shall be the responsibility of the U.


S. Marshal and the attorney for the defendant to monitor the defendant's medical
condition and to notify the Criminal Complaints Section of the U.S. Attorney's Office and
the Clerk when the defendant has received medical clearance to be released from the
hospital or be transported to the Court for preliminary proceedings. The U.S. Attorney's
Office shall contact the Clerk and the Pretrial Services Agency and arrange for the
matter to be placed on calendar. The U.S. Marshal's Service shall be responsible for
transporting the defendant from the hospital.

8. List of Hospitalized Defendants: The Clerk's Office shall maintain a list of


hospitalized defendants and shall review this list every thirty (30) days to verify the
present status of each defendant with the attorney for the defendant, the attorney for
the government, or both.

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General Order | 96-01

United States District Court, Central District of California

General Order
Category: Administrative

Order Number: Description: Date Filed:


96-01 Method of Assigning Bankruptcy Matters among the Divisions of 02/01/1996
the CDCA

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of ) GENERAL ORDER NO. 96-01


)
METHOD OF ASSIGNING BANKRUPTCY )
MATTERS AMONG THE DIVISIONS OF THE THE )
CENTRAL DISTRICT COURT OF CALIFORNIA )
___________________________________ )

WHEREAS, in order to bring about an equal distribution of civil and criminal cases, the Court
will periodically review and modify the method of allocating cases among the Divisions,

IT IS HEREBY ORDERED that there shall be one district-wide Bankruptcy Assignment Wheel
which shall include all active district judges and any senior district judge who so elects to be
included. All bankruptcy appeals, withdrawals, referrals, contempt proceedings and other
bankruptcy matters filed in the District Court regardless of the location of the Bankruptcy
Court shall be randomly assigned through the District Court Bankruptcy Assignment Wheel to
the individual calendars of the judges of this Court.

IT IS FURTHER ORDERED that Section 5 and Section 6 of General Order 349 be deleted in
their
entirety.

Related bankruptcy cases and proceedings subsequently filed in the district court and case
credit adjustments made in the District Court Bankruptcy Assignment Wheel shall be in
accordance with Section 5.0 of General Order 224 and Section 16.2 and Section 16.3 of
General Order 224-C.

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General Order | 96-19

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


96-19 Amendments to the Plan for the Implementation of the Criminal 09/20/1997
Justice Act of 1964
As Amended, 18 U.S.C. § 3006A

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of )
) GENERAL ORDER NO. 96-19
AMENDMENTS TO THE PLAN FOR THE )
IMPLEMENTATION OF THE CRIMINAL )
JUSTICE ACT OF 1964 AS AMENDED, 18 U. )
S.C. § 3006

WHEREAS, the number of death row inmates who will exhaust their state court remedies and
be in a position to seek federal habeas corpus relief in this district is expected to increase, and

WHEREAS, representation of persons who have been convicted and sentenced to death
requires a pecialized knowledge of state and federal appellate procedure, certiorari practice,
state and federal habeas corpus procedure, criminal and constitutional jurisprudence, and
entails an extraordinary commitment of time, and

WHEREAS, this Court is responsible for ensuring the adequate representation of financially
eligible persons seeking federal habeas corpus relief when such representation is required in
the interest of justice, and

WHEREAS, the Central District of California has a Federal Public Defender established pursuant
to subsection (g)(2)(A) of the Criminal Justice Act of 1964, as amended, 18 U.S.C. § 3006A
[hereinafter referred to as "the Act"], and

WHEREAS, efficient coordination between the Court and the Federal Public Defender in the
assignment of counsel to all capital federal habeas corpus cases is desired,

IT IS HEREBY ORDERED, that the Plan for the Implementation of the Criminal Justice Act for
the Central District of California, dated February 8, 1971, as amended [hereinafter "the CJA
Plan"], is amended to designate the Federal Public Defender to provide representation in
connection with capital federal habeas corpus cases.

IT IS FURTHER ORDERED that the primary goal of the Federal Public Defender under this
amendment to the CJA Plan will be to assist the Court in ensuring that adequate
representation is provided to persons under death sentence who seek federal habeas corpus
relief. Toward that end:

a. The Chair of the Death Penalty Committee and the Federal Public Defender shall meet
on a quarterly basis to outline a plan which shall be used by the Committee in assigning
counsel to capital federal habeas corpus cases. The plan shall identify the number of
cases that will be assigned to the Federal Public Defender and the approximate dates of
the assignments.

b. Upon filing, all capital federal habeas corpus cases, shall be referred to the Death
Penalty Committee for the appointment of counsel. The Federal Public Defender shall be
appointed as counsel of record in cases where there is no conflict of interest up to the
fixed number each year in accordance with the plan. The Federal Public Defender shall
assist the Court in recruiting and selecting counsel for capital federal habeas corpus
cases not assigned to its office.

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General Order | 96-19

c. The Federal Public Defender is authorized to coordinate resources with other state and
national organizations providing legal assistance to death-sentenced inmates.

d. The Federal Public Defender may maintain a brief bank and clearinghouse of materials
to assist lawyers in capital habeas corpus cases in federal courts as funding permits.

e. The Federal Public Defender is authorized to perform such other tasks, including the
preparation and filing of amicus briefs, as may be necessary to ensure that adequate
representation is provided to financially eligible persons in capital federal habeas corpus
proceedings.

In order to ensure effective supervision and management by the Federal Public Defender, the
Court shall assign cases in the name of the Federal Public Defender rather than in the name of
the individual staff attorneys.

The Federal Public Defender may obtain investigative, expert, or other services without regard
to the requirements or limitations set forth in the Plan dated February 8, 1971, as amended,
with respect to procurement of such services by CJA panel attorneys.

The provisions of the Plan dated February 8, 1971, as amended, shall remain in effect except
to the extent that they are inconsistent with the provisions of this addendum, in which case
the provisions of the addendum shall govern.

This general order shall supersede General Order 303 previously filed with the Court and shall
take effect upon its approval by the Judicial Council of the Ninth Circuit."

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General Order | 97-02

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


97-02 Submission of Monthly Criminal Justice Act Vouchers for 06/27/1997
Interim Payments in Death Penalty Cases

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of )
) GENERAL ORDER NO. 97-02
SUBMISSION OF MONTHLY CRIMINAL JUSTICE )
ACT VOUCHERS FOR INTERIM PAYMENTS IN )
DEATH PENALTY CASES )
_______________________________________ )

WHEREAS, to bring about more efficient and timely review and payment procedures for
Criminal Justice Act (CJA) vouchers submitted in death penalty cases,

IT IS HEREBY ORDERED that compensation and reimbursable expenses claimed by attorneys


appointed under the Criminal Justice Act in habeas petitions involving the death penalty shall
be requested on interim CJA vouchers on a monthly basis.

Monthly CJA interim vouchers shall be submitted by the tenth business day of the following
month and shall include all compensation and expenses claimed for the proceeding month
regardless of the amount requested.

Failure to timely submit monthly CJA interim vouchers may be considered a basis for denying
the requested claims.

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General Order | 97-07

United States District Court, Central District of California

General Order
Category: Operational

Order Number: Description: Date Filed:


97-07 Criminal Justice Act Vouchers 10/01/1997

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

IN RE: ) GENERAL ORDER NO. 97-07


)
CRIMINAL JUSTICE ACT VOUCHERS )
___________________________________ )

WHEREAS, the Criminal Justice Act of 1964, as amended (18 U.S.C. § 3006A) (the
“CJA”) requires each United States district court to place in operation a plan for furnishing
representation for any person financially unable to obtain adequate representation in certain
circumstances;

WHEREAS, this court has established such a plan (the “Plan”);

WHEREAS, the Plan provides payment of fees and expenses to counsel appointed under
the Plan and payment for investigative, expert, and other services incurred pursuant to the
Plan shall be made in accordance with such rules and regulations and guidelines, as have been
or may be prescribed from time to time by the Judicial Conference of the United States, and in
accordance with the fiscal policies of the Administrative Office of the United States Courts;

WHEREAS, those rules, regulations, guidelines and policies require that every claim for
compensation for services rendered and/or reimbursement for expenses incurred must be
submitted on standard CJA voucher forms (“Vouchers”) and reviewed for both reasonableness
and compliance with the CJA and the Guidelines for the Administration of the Criminal Justice
Act, Volume VII, Guide to Judiciary Policies and Procedures (“CJA Guidelines”) by the court;

WHEREAS, those rules, regulations, guidelines and policies require that every claim for
compensation for services rendered and/or reimbursement for expenses incurred in excess of
the statutory limitation must be certified by this court and forwarded to the chief judge of the
circuit for approval;

WHEREAS, to bring about more consistent, efficient, and timely review, certification and
payment of Vouchers;

IT IS HEREBY ORDERED, Vouchers claiming compensation for services rendered and/or


reimbursement for expenses incurred in this court under the CJA shall be submitted to the
Clerk of this court no later than 45 days after the final disposition of the case in this court or
after the filing of a notice of appeal, whichever is later.

All Vouchers must be accompanied by an original and one copy of a detailed statement
to substantiate the amount requested. Fees shall be chronologically and fully itemized with
individual narrative entries showing the date of the service, precise description of the service
including relevance of the service to the federal proceedings, actual time consumed for that
service in hours and tenths of hours, name of the individual providing the service, hourly rate
of the individual providing the service, and calculation of rate and hours equaling the charge
for the individual entry. The hours and charges shall be totaled for all services and a
calculation tape from an adding machine attached to the statement.

Expenses shall be itemized and stated separately on the statement. The itemized
expenses shall state as to each item the date incurred and the description (i.e. person called,
mileage, number of copies made and unit charged per copy, destination of messenger, etc.).
All supporting documentation (receipts, canceled checks, etc.) shall be attached. The charges
shall be totaled for all expenses and a calculation tape from an adding machine attached to
the invoice.

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General Order | 97-07

IT IS FURTHER ORDERED, authority under the CJA to act on all pre-indictment Vouchers
greater than $1,000.00 and all post-indictment Vouchers is delegated to the CJA Supervising
Attorney.

The Clerk shall send the above submitted Vouchers to the CJA Supervising Attorney for
approval or certification. After review of submitted Vouchers, the CJA Supervising Attorney
shall approve such amounts deemed reasonable and appropriate under the CJA and CJA
Guidelines.

Vouchers submitted for payment of attorney fees in excess of the statutory maximum
provided by the CJA shall include the panel attorney’s written justification for why the case
should be considered “extended” or “complex” and why the excess payment is necessary to
provide fair compensation. Justifications shall be submitted on a CJA 26 form or in the
alternative may be typewritten or in a legible written form which contains all information
required in the CJA 26 form. The Voucher and justification will be reviewed by the CJA
Supervising Attorney who will determine whether the case is either “extended” or “complex”
as defined in the CJA Guidelines. If the case is established as being “extended” or “complex,”
the CJA Supervising Attorney will determine if excess payment is necessary to provide fair
compensation in accordance with the CJA Guidelines.

Vouchers submitted for non-attorney fees in excess of the statutory maximum provided
by the CJA shall include the panel attorney’s written justification for why excess payment is
necessary to provide fair compensation for services of an unusual nature or duration or a copy
of the Court Order authorizing the expenditure. After review, the CJA Supervising Attorney will
make a determination and certify, if appropriate, the excess payment necessary to provide fair
compensation for services of an unusual nature or duration.

Prompt notice of approval of Vouchers submitted will be provided to the panel


attorneys. Prior to the reduction of any Voucher or denial of certification, the CJA Supervising
Attorney shall notify the panel attorney of the reason for the reduction or denial and allow the
attorney to submit a written request for reconsideration. The request for reconsideration must
address the propriety and reasonableness of the Voucher. Requests for reconsideration must
be submitted to the CJA Supervising Attorney within 14 calendar days of notification of the
proposed reduction or denial unless good cause is shown.

The CJA Supervising Attorney shall review a timely submitted request for
reconsideration and may grant it in full, in part, or not at all. The CJA Supervising Attorney’s
decision and supporting rationale for the denial of any part of a request for reconsideration
shall be communicated to the panel attorney. Within ten calendar days of such notice, the
panel attorney may appeal any denial of reconsideration to the judge who presided over the
subject case. The appeal shall be filed with the CJA Supervising Attorney who shall
immediately refer the matter for decision, together with the complete Voucher file to the
judge who presided over the subject case. The judge’s decision on appeal shall be final.

The delegation authority shall be effective upon the filing of this general order. The
remaining provisions of this general order shall be effective 30 days after filing.

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General Order | 98-03

United States District Court, Central District of California

General Order
Category: Administrative

Order Number: Description: Date Filed:


98-03 Method of Allocating Civil Cases Among 02/06/1998
the Divisions of the Central District Court of California

UNITED STATES DISTRICT COURT


FOR THE CENTRAL DISTRICT OF CALIFORNIA

In the Matter of ) GENERAL ORDER NO. 98-03


)
METHOD OF ALLOCATING CIVIL CASES AMONG )
THE DIVISIONS OF THE CENTRAL DISTRICT )
COURT OF CALIFORNIA )
___________________________________ )

WHEREAS, in order to bring about an equal distribution of civil and criminal cases,
the Court will periodically review and modify the method of allocating cases among the
Divisions, and

WHEREAS, it now appears necessary to modify the civil case assignment rules to
keep the caseload per judge in the Southern and Eastern Divisions in relative proximity to
the caseloads of judges in the Western Division of the Court,

IT IS HEREBY ORDERED that General Order No. 349-A be amended as follows:

"1. Assignment of Civil Cases to the Southern Division

A. (i) Except as provided in paragraph (1) (B), a civil case shall be assigned to the
Southern Division if one of the following three venue components as described below are
within the Southern Division:

(a) the majority of all plaintiffs reside in the Southern Division or in a place outside the
remainder of the Central District of California with an equal number deemed to be a Southern
Division majority;

(b) the majority of all named defendants reside in the Southern Division or in a place
outside the remainder of the Central District of California with an equal number deemed to be
a Southern Division majority;

(c) the majority of all claims arose in the Southern Division or in a place outside the
remainder of the Central District of California with an equal number deemed to be a Southern
Division majority.

(ii) Except as provided in paragraph (1) (B), a civil case in which the United States or
any agency thereof is a defendant, and in which the majority of all plaintiffs reside in the
Southern Division shall be assigned to the Southern Division. In addition, a civil case in which
the United States or any agency thereof is a plaintiff, and in which the majority of all
defendants reside in the Southern Division shall be assigned to the Southern Division.

(iii) With the exception of those cases assigned to the Western and Eastern Divisions
pursuant to paragraph (1) (B) (iii) and section (2), all other civil cases shall be assigned to the
Western Division.

B. (i) In order to balance the number of civil cases assigned to the judicial officers of the
Western, Southern and Eastern Divisions, there shall be determined a maximum number of
civil cases allowed for assignment to the Southern Division for a given period. This
predetermined number shall be adjusted as needed.

(ii) Once the predetermined number of civil cases has been assigned to the Southern
Division for the given period, all additional civil cases filed during that period shall be assigned

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General Order | 98-03

to the Western Division.

(iii) If it appears that the actual number of civil cases assigned to the Southern Division
for the given period will be substantially less than the predetermined number of cases allowed
for assignment, the Clerk shall promptly notify the Chief Judge and Chair of the Case
Management and Assignment Committee. To reduce the discrepancy, the Clerk may be
directed to include in the Western or Eastern civil assignment wheels a specific number of civil
cards for each Southern Division judicial officer for random assignment. The number of civil
cards for Southern Division judicial officers added to the Western or Eastern Division
assignment wheels shall be credited against the Southern Division predetermined number of
cases allowed for assignment for the given period.

2. Assignment of Civil Cases to the Eastern Division

A. (i) Except as provided in paragraph (2) (B), a civil case shall be assigned to the
Eastern Division if:

(a) each plaintiff resides in the Eastern Division or in a place outside the remainder of
the Central District of California, and

(b) each named defendant resides in the Eastern Division or in a place outside the
remainder of the Central District of California, and

(c) all claims arose in the Eastern Division or in a place outside the remainder of the
Central District of California.

(ii) Except as provided in paragraph (2) (B), a civil case in which the United States or
any agency thereof is a defendant, and in which all plaintiffs reside in Eastern Division shall be
assigned to the Eastern Division. In addition, a civil case in which the United States or any
agency thereof is a plaintiff, and in which all defendants reside in the Eastern Division shall be
assigned to the Eastern Division.

(iii) With the exception of those cases assigned to the Western and Southern Divisions
pursuant to paragraph (2) (B) (iii) and section (1), all other civil cases shall be assigned to the
Western Division.

B. (i) In order to balance the number of civil cases assigned to the judicial officers of the
Western, Southern and Eastern Divisions, there shall be determined a maximum number of
civil cases allowed for assignment to the Eastern Division for a given period. This
predetermined number shall be adjusted as needed.

(ii) Once the predetermined number of civil cases has been assigned to the Eastern
Division for the given period, all additional civil cases filed during that period shall be assigned
to the Western Division.

(iii) If it appears that the actual number of civil cases assigned to the Eastern Division
for the given period will be substantially less than the predetermined number of cases allowed
for assignment, the Clerk shall promptly notify the Chief Judge and the Chair of the Case
Management and Assignment Committee. To reduce the discrepancy, the Clerk may be
directed to include in the Western or Southern civil assignment wheels a specific number of
civil cards for each Eastern Division judicial officer for random assignment. The number of civil
cards for Eastern Division judicial officers added to the Western or Southern Division
assignment wheels shall be credited against the Eastern Division predetermined number of
cases allowed for assignment for the given period.

These amendments shall be effective February 9, 1998.

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

SPEEDY TRIAL ACT


PLAN

APPROVED BY THE COURT: June 23, 2003

APPROVED BY THE JUDICIAL


COUNCIL OF THE NINTH CIRCUIT: August 28, 2003

(Revised 9/03/03)
TABLE OF CONTENTS

1. AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

2. APPLICABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
a. Offense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
b. Judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
c. Persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
d. Court Days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

3. PRIORITIES IN SCHEDULING CRIMINAL CASES . . . . . . . . . . . . . . . . . . . . . . . . . . 1

4. TIME WITHIN WHICH AN INDICTMENT OR INFORMATION MUST BE FILED


......................................................................2
a. Time Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
b. Measurement of Time Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
c. Related Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

5. TIME WITHIN WHICH TRIAL MUST COMMENCE . . . . . . . . . . . . . . . . . . . . . . . . . . 2


a. Time Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
b. Superseding Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
c. Withdrawal of Plea . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
d. Retrial and Trial on Charges Reinstated . . . . . . . . . . . . . . . . . . . . . . . . . . 4
e. Measurement of Time Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
f. Related Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

6. DEFENDANTS IN CUSTODY AND HIGH RISK DEFENDANTS . . . . . . . . . . . . . . . 6


a. “High-Risk Defendant” Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
b. Time Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
c. Measurement of Time Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
d. Related Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

7. MINIMUM TIME FOR DEFENSE PREPARATION . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

8. EXCLUSION OF TIME FROM COMPUTATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7


a. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
b. Records of Excludable Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
c. Stipulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
d. Pre-Indictment Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
e. Post-Indictment Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

9. TIME WITHIN WHICH DEFENDANT SHOULD BE SENTENCED . . . . . . . . . . . . . . 9


a. Time Limit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

i
b. Related Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

10. JUVENILE PROCEEDINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10


a. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
b. Time Within Which Trial Must Commence . . . . . . . . . . . . . . . . . . . . . . 10
c. Time of Dispositional Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

11. SANCTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
a. Dismissal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
b. High-Risk Defendants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
c. Alleged Juvenile Delinquents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
d. Discipline of Attorneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

12. PERSONS SERVING TERMS OF IMPRISONMENT . . . . . . . . . . . . . . . . . . . . . . . . . 11

ii
1. AUTHORITY

Pursuant to the requirements the Speedy Trial Act of 1974 (18 U.S.C. § 3161 et
seq.), the Speedy Trial Act Amendments of 1979 (Pub. L. No. 96-43, 43 Stat.
327), and the Federal Juvenile Delinquency Act (18 U.S.C. §§ 5036 and 5037),
the judges of the United States District Court for the Central District of California
have adopted the following plan setting forth time limits and procedures to
minimize undue delay and to further the prompt disposition of criminal cases and
certain juvenile proceedings. This plan modifies and to the extent it contradicts,
supersedes General Order No. 209, filed August 7, 1980. This plan shall take
effect upon approval of the Judicial Council of the Ninth Circuit.

2. APPLICABILITY

a. Offense. The time limits set forth herein are applicable to any criminal offense
which is in violation of any Act of Congress and is triable by any court
established by Act of Congress (other than a Class B or C misdemeanor or
infraction, or an offense triable by court-martial, military commission, provost
court, or other military tribunal).

b. Judge. The terms “judge,” “judicial officer” or “court” mean, unless otherwise
indicated, any United States district and magistrate judge.

c. Persons. The time limits are applicable to persons accused who have not been
indicted or informed against as well as those who have, and the word “defendant”
includes such persons unless the context indicates otherwise.

d. Court Days. As used in this plan, “court days” includes all days which the court
regularly sits and excludes Saturdays, Sundays, and official United States
Government holidays.

3. PRIORITIES IN SCHEDULING CRIMINAL CASES

Preference shall be given to criminal proceedings as far as practicable as required by


Rule 50 of the Federal Rules of Criminal Procedure. The trial or other disposition of
cases involving a detained person who is being held in detention solely because he is
awaiting trial, and a released person who is awaiting trial and has been designated by the
attorney for the Government as being of high risk, shall be accorded priority. (18 U.S.C.
§ 3164(a))

1
4. TIME WITHIN WHICH AN INDICTMENT OR INFORMATION MUST BE FILED

a. Time Limits. If an individual is arrested or served with a summons and the


complaint charges an offense to be prosecuted in this district, any indictment or
information subsequently filed in connection with such charge shall be filed
within 30 days of the arrest or service. (18 U.S.C. § 3161(b))

b. Measurement of Time Periods. If a person has not been arrested or served with a
summons on a Federal charge, an arrest will be deemed to have been made at
such time as the person:

i. is held in custody solely for the purpose of responding to a Federal charge;

ii. is delivered to the custody of a Federal official in connection with a


Federal charge; or

iii. appears before a judicial officer in connection with a Federal charge.

c. Related Procedures.

i. At the time of the earliest appearance before a judicial officer of a person


who has been arrested for an offense not charged in an indictment or
information, the judicial officer shall establish for the record the date on
which the arrest took place.

ii. In the absence of a showing to the contrary, a summons shall be


considered to have been served on the date of service shown on the return
thereof. A summons served by mail shall be considered to have been
served on the date shown on the receipt thereof.

5. TIME WITHIN WHICH TRIAL MUST COMMENCE

a. Time Limits.

i. Unless the defendant consents in writing to the contrary, the trial shall not
commence less than 30 days from the date on which the defendant first
appears through counsel or expressly waives counsel and elects to proceed
pro se. (18 U.S.C. § 3161(c)(2))

ii. In any case in which a plea of not guilty is entered, the trial of a defendant
charged in an information or indictment with commission of an offense
shall commence within 70 days from the filing date (and making public)
of the information or indictment, or from the date the defendant has
appeared before a judicial officer of the court in which such charge is

2
pending, whichever date last occurs. If a defendant consents in writing to
be tried before a magistrate judge on a complaint, the trial shall commence
within 70 days from the date of such consent. (18 U.S.C. § 3161(c)(1))

iii. The trial of any detained person who is being held in detention solely
because he is awaiting trial, and a released person who is awaiting trial
and has been designated by the attorney for the Government as being of
high risk shall commence not later than 90 days following the beginning
of such continuous detention or designation of high risk by the attorney
for the Government. The periods of delay enumerated in 18 U.S.C. §
3161(h) are excluded in computing the time limitation specified in this
paragraph. (18 U.S.C. § 3164(a) and (b))

b. Superseding Charges. If, after an indictment or information has been filed, a


complaint, indictment, or information is filed which charges the defendant with
the same offense or with an offense required to be joined with that offense, the
time limit applicable to the subsequent charge shall be determined as follows.

i. If the original indictment or information was dismissed on motion of the


defendant before the filing of the subsequent charge, the time limit shall
be determined without regard to the existence of the original charge. (18
U.S.C. § 3161(d)(1)) A dismissal of the indictment on order of the judge
with the consent of the defendant shall be considered dismissed on motion
of the defendant.

ii. If the original indictment or information was dismissed on motion of the


United States Attorney and thereafter a charge is filed against the
defendant for the same offense, or any offense required to be joined with
that offense, the trial shall commence within the time limit for
commencement of trial on the original indictment or information, but any
period of delay from the date the charge was dismissed to the date the time
limit would commence to run as to the subsequent charge shall be
excluded from the computations. (18 U.S.C. § 3161(h)(6))

iii. If the original indictment or information is pending at the time the


subsequent charge is filed, the trial shall commence within the time limit
for commencement of the trial on the original indictment or information.
(18 U.S.C. § 3161(h)(6))

If the subsequent charge is contained in a complaint, the formal time limit within
which an indictment or information must be obtained on the charge shall be
determined without regard to the existence of the original indictment or
information, but earlier action may be required if the time limit for
commencement of trial is to be satisfied.

3
c. Withdrawal of Plea. If a defendant enters a plea of guilty or nolo contendere to
any or all charges in an indictment or information and subsequently is permitted
to withdrawal it, the time limit shall be determined for all counts as if the
indictment or information were filed on the day the order permitting withdrawal
of plea became final. (18 U.S.C. § 3161(i))

d. Retrial and Trial on Charges Reinstated. If a defendant is to be tried upon an


indictment or information dismissed by the trial court and reinstated following an
appeal or if the defendant is to tried again following a declaration by the trial
judge of a mistrial or following an order of such judge for a new trial, the trial
shall commence 70 days from the date the order occasioning the trial or retrial
becomes final. If the defendant is to be tried again following an appeal or
collateral attack, the trial shall commence within 70 days from the date the action
occasioning the retrial becomes final except that the court retrying may extend the
period for retrial not to exceed 180 days from the date the action occasioning the
retrial becomes final if unavailability of witnesses or other factors resulting from
the passage of time shall make trial within 70 days impractical. The periods of
delay enumerated in 18 U.S.C. § 3161(h) are excluded in computing the time
limitations specified in this section. (18 U.S.C. §§ 3161(d)(2) and 3161(e))

e. Measurement of Time Periods. For purposes of this section:

i. If a defendant signs a written consent to be tried before a magistrate on a


complaint and no indictment or information charging the offense has been
filed, the time limit for trial shall run from the date of such consent.

ii. In the event of a transfer to this district under Rule 20 of the Federal Rules
of Criminal Procedure, the indictment or information shall be deemed
filed on this district when the papers in the proceeding or certified copies
thereof are received by the clerk of the court.

iii. A trial in a jury case shall be deemed to commence at the beginning of


voir dire.

iv. A trial in a non-jury case shall be deemed to commence on the day the
case is called, provided that some step in the trial procedure immediately
follows.

4
f. Related Procedures.

i. Defendants shall be provided counsel as soon as feasible after they are


taken into custody, when they appear before a district or magistrate judge,
when they are formally charged or notified of charges if formal charges
are sealed, or when a district or magistrate judge otherwise considers
appointment of counsel appropriate under the Criminal Justice Act,
whichever occurs earliest. (Criminal Justice Act, Rule 44 of the Federal
Rules of Criminal Procedure and Criminal Justice Act Plan for the Central
District of California)

ii. The court shall have sole responsibility for setting cases for trial after
consultation with the counsel for the defendant and the attorney for the
Government. At the arraignment or as soon thereafter as is practicable,
each case shall be set for trial. (18 U.S.C. § 3161(a))

iii. A conflict in schedules of the Assistant United States Attorney or defense


counsel shall not be grounds for a continuance or delay in the setting of a
trial date except under circumstances approved by the court and called to
the court’s attention at the earliest practicable time. The United States
Attorney will assign or reassign cases in such manner that the government
will be prepared to try cases on the date set pursuant to subparagraph
5(f)(ii) above.

iv. In the event that a complaint, indictment, or information is filed against a


defendant charged in a pending indictment or information or in an
indictment or information dismissed on motion of the United States
Attorney, the trial on the new charge shall commence within the time limit
for commencement of trial on the original indictment or information
unless the court finds that the new charge is not for the same offense
charged in the original indictment or information or an offense required to
be joined therewith.

v. At the time of the filing of a complaint, indictment, or information such as


described in above subparagraph 5(f)(iv), the United States Attorney shall
give written notice to the court of that circumstance and his position with
respect to the computation of the time limits.

vi. Pre-trial hearings deemed necessary to assist counsel in the preparation or


disposition of their case shall be conducted as soon after the arraignment
as possible, consistent with the priorities of other matters on the court’s
criminal docket.

6. DEFENDANTS IN CUSTODY AND HIGH RISK DEFENDANTS

5
a. “High-Risk Defendant” Definition. A high-risk defendant is one reasonably
designated by the United States Attorney as posing a danger to himself or any
other person or to the community.

b. Time Limits. Notwithstanding any longer time periods that may be permitted
under paragraphs 4 and 5 above, the following time limits will be applicable to a
defendant in custody solely because he is awaiting trial and a high-risk defendant:

i. The trial of a defendant held in custody solely for the purpose of trial on a
Federal charge shall commence within 90 days following the beginning of
continuous custody.

ii. The trial of a high-risk defendant shall commence within 90 days of the
designation as high-risk. (18 U.S.C. § 3164(b))

c. Measurement of Time Periods. For the purposes of this section:

i. A defendant is deemed to be in detention awaiting trial when he is arrested


on a Federal charge or otherwise held for the purpose of responding to a
Federal charge. Detention is deemed to be solely because the defendant is
awaiting trial unless the person exercising custodial authority has an
independent basis (not including detainer) for continuing to hold the
defendant.

ii. If a case is transferred pursuant to Rule 20 of the Federal Rules of


Criminal Procedure and the defendant subsequently rejects disposition
under Rule 20 or the court declines to accept the plea, a new period of
continuous detention awaiting trial will begin at that time.

iii. A trial shall be deemed to commence as provided in subparagraphs


5(e)(iii) and (iv).

d. Related Procedures.

i. If a defendant is being held in custody solely for the purpose of awaiting


trial, the United States Attorney shall advise the court at the earliest
practicable time of the date of the beginning of such custody.

ii. The United States Attorney shall advise the court at the earliest practicable
time (usually at the hearing with respect to bail) if the defendant is
considered to be high-risk.

iii. If the court finds that the filing of a “high-risk” designation as a public

6
record may result in prejudice to the defendant, it may order the
designation sealed for such period as is necessary to protect the
defendant’s right to a fair trial, but not beyond the time that the court’s
judgment in the case becomes final. During the time the designation is
under seal, it shall be made known to the defendant and his counsel but
shall not be made known to other persons without the permission of the
court.

7. MINIMUM TIME FOR DEFENSE PREPARATION

Unless the defendant consents in writing to the contrary, the trial shall not commence
earlier than 30 days from the date on which the defendant first appears before a judicial
officer of this district either through counsel or on which the defendant expressly waives
counsel and elects to proceed pro se. In circumstances in which the 70 day time limit for
commencing trial on a charge in an indictment or information is determined by reference
to an earlier indictment or information pursuant to subparagraph 5(b), the 30 day
minimum period shall also be determined by reference to the earlier indictment or
information.

When prosecution is resumed on an original indictment or information following a


mistrial, appeal or withdrawal of a guilty plea, a new 30 day minimum period will not
begin to run. The court will in all cases schedule trials so as to permit defense counsel
adequate preparation time in the light of all the circumstances. (18 U.S.C. § 3161(c)(2))

8. EXCLUSION OF TIME FROM COMPUTATIONS

a. Applicability. In computing any time limit under above paragraphs 4, 5, and 6,


the periods of delay set forth in 18 U.S.C. § 3161(h) shall be excluded. Such
periods of delay shall not be excluded in computing the minimum period for
commencement of trial under paragraph 8 below.

b. Records of Excludable Time. The clerk of the court shall record on the docket the
filing of excludable periods of time for each criminal defendant. With respect to
proceedings prior to the filing of an indictment or information, excludable time
shall be reported to the clerk by the United States Attorney.

7
c. Stipulations.

i. The attorney for the Government and the attorney for the defendant may at
any time enter into stipulations with respect to accuracy of case record
entries regarding excludable time.

ii. To the extent that the amount of time stipulated by the parties does not
exceed the amount on the case record for any excludable period of delay,
the stipulation shall be conclusive as between the parties unless it has no
basis in fact or law. It shall similarly be conclusive as to a codefendant for
the limited purpose of determining, under 18 U.S.C. § 3161(h)(7), whether
time has run against the defendant entering into the stipulation.

iii. To the extent that the amount of time stipulated exceeds the amount listed
in the case record, the stipulation shall have no effect unless approved by
the court.

d. Pre-Indictment Procedures.

i. In the event that the United States Attorney anticipates that an indictment
or information will not be filed within the time limit set forth in paragraph
4 herein, the United States Attorney shall file a written motion with the
court for a determination of excludable time. In the event that the United
States Attorney seeks a continuance under 18 U.S.C. § 3161(h)(8), the
United States Attorney shall file a written motion with the court
requesting such a continuance.

ii. The motion of the United States Attorney shall state:

(1) the period of time proposed for exclusion;

(2) the basis of the proposed exclusion; and

(3) if the motion is for a continuance under 18 U.S.C. § 3161(h)(8), it


shall also state whether the defendant is being held in custody on
the basis of the complaint.

In appropriate circumstances, the motion may include a request that some


or all of the supporting material be considered ex parte and in camera.

iii. The court may grant an extension of time within which an indictment or
information must be filed under 18 U.S.C. § 3161(h)(8) for either a
specific period of time or a period to be determined by reference to an
event (such as recovery from illness) not within the control of the

8
government. If the extension of time is to a date not certain, the court
shall require one or both parties to inform the court promptly if the
circumstances that justify the extension no longer exist. In addition, the
court shall require one or both parties to file with the court periodic
reports on the continued existence of such circumstances. The court shall
determine the frequency of such reports in the light of the facts of the
particular case.

e. Post-Indictment Procedures.

i. In the event the court extends the time for a trial beyond the time limit set
forth in paragraphs 5, 6 and 7, the court shall determine whether the limit
may be recomputed by excluding time pursuant to 18 U.S.C. § 3161(h).
Any ex parte determination that time is excludable shall be subject to a
motion to vacate the determination made within five days of the entry of
the decision on the docket. No action following the determination that
time is excludable will be deemed final until the time for such motion to
vacate has passed. In the absence of a need for an extension of time, the
court will not ordinarily rule on the excludability of any period of time.

ii. If it is determined that an extension is justified, the court shall state for the
record the fact or facts on which the determination is made either orally or
in writing. If the extension of time is granted under 18 U.S.C. §
3161(h)(8), the court shall also set forth its reasons for finding that the
ends of justice served by granting the extension outweigh the best interests
of the public and defendant in a speedy trial. If the extension of time is to
a date not certain, the court shall require one or both parties to inform the
court promptly when and if the circumstances that justify the extension no
longer exist. In addition, the court shall require one or both parties to file
a report bearing on the continued existence of such circumstances. The
court shall determine the frequency of such reports in the light of the facts
of the particular case.

9. TIME WITHIN WHICH DEFENDANT SHOULD BE SENTENCED

a. Time Limit. A defendant shall ordinarily be sentenced within 90 days of


conviction or plea of guilty or nolo contendere.

b. Related Procedures. If the defendant and his counsel consent thereto, a


presentence investigation may be commenced prior to a conviction or plea of
guilty or nolo contendere.

10. JUVENILE PROCEEDINGS

9
a. Definitions. “Juvenile” is a person who has not attained his 18th birthday, or for
the purpose of proceedings and disposition for an alleged act of juvenile
delinquency, a person who has not attained his 21st birthday, and “juvenile
delinquency” is the violation of a law of the United States committed by a person
prior to his 18th birthday which would have been a crime if committed by an adult
or a violation by such a person of 18 U.S.C. § 922(x). (18 U.S.C. § 5031)

b. Time Within Which Trial Must Commence. An alleged delinquent who is in


detention pending trial shall be brought to trial within 30 days of the date on
which such detention was begun. (18 U.S.C. § 5036)

c. Time of Dispositional Hearing. If a juvenile is adjudicated delinquent, a separate


dispositional hearing shall be held no later than 20 court days after trial, unless
the court has ordered further study of the juvenile in accordance with 18 U.S.C. §
5037(d).

11. SANCTIONS

a. Dismissal. Failure to comply with the requirements of the Speedy Trial Act, 18
U.S.C. § 3161 et seq., may entitle the defendant to dismissal of the charges
against him. Nothing in this plan shall be construed to require that a case be
dismissed in circumstances in which dismissal would not be required by 18
U.S.C. § 3161 et seq. or the Interstate Agreement on Detainers. In particular, it
should be noted that the time period for sentencing set forth in paragraph 9 herein
is a statement of this district’s voluntarily assumed goal, and is not required nor
enforced by the Speedy Trial Act.

b. High-Risk Defendants. Failure to commence trial of a high-risk defendant,


through no fault of the accused or the accused counsel, or failure to commence
trial of a designated releasee as specified in 18 U.S.C. § 3164(b), through no fault
of the attorney for the Government, shall result in the automatic review by the
court of the conditions of release. A high-risk defendant who is found by the
court to have intentionally delayed the trial of his case shall be subject to an order
of the court modifying the nonfinancial conditions of release to insure that he
shall appear at trial as required. (18 U.S.C. § 3164)

c. Alleged Juvenile Delinquents. If an alleged delinquent in detention pending trial


is not brought to trial within 30 days from the date upon which such detention
was begun, the information shall be dismissed on motion of the alleged delinquent
or at the direction of the court, unless the United States Attorney shows that
additional delay was caused by the juvenile or his counsel, or consented to by the
juvenile and his counsel, or would be in the interest of justice in the particular
case. (18 U.S.C. § 5036)

10
d. Discipline of Attorneys. The court may punish counsel as provided in 18 U.S.C.
§§ 3162(b) and (c) in any case in which counsel for the defendant or the attorney
for the Government:

i. Knowingly allows the case to be set for trial without disclosing the fact
that a necessary witness would be unavailable for trial;

ii. Files a motion solely for the purpose of delay which he knows is totally
frivolous and without merit;

iii. Makes a statement for the purpose of obtaining a continuance which he


knows to be false and which is material to the granting of a continuance;
or

iv. Otherwise willfully fails to proceed to trial without justification consistent


with 18 U.S.C. § 3161.

(18 U.S.C. § 3162)

12. PERSONS SERVING TERMS OF IMPRISONMENT

If the United States Attorney knows that a person charged with an offense is serving a
term of imprisonment in any penal institution, the United States Attorney shall promptly
undertake to obtain the presence of the prisoner for trial, or cause a detainer to be filed, in
accordance with the provisions of 18 U.S.C. § 3161( j).

11
UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

IN THE MATTER OF: )


)
ESTABLISHING COURT POLICY )
GOVERNING NATURALIZATION ) GENERAL ORDER NO. 03-05
CEREMONIES CONDUCTED AT ) (Rescinds General Order No. 96-6)
LOCATIONS OTHER THAN A )
UNITED STATES COURTHOUSE )
)

General Order No. 96-6 is hereby rescinded and replaced by this General Order.

WHEREAS, the Court's objectives in conducting naturalization ceremonies at

locations other than a United States Courthouse are:


• To administer the oath of citizenship to all eligible candidates, the large

number of whom substantially exceeds the limited capacity of

courthouse facilities,
• To maximize the number of eligible candidates who are administered the

oath of citizenship within sixty (60) days of approval of their application


for citizenship by Citizenship and Immigration Services (CIS),

Department of Homeland Security, and


General Order 03-05
• To assure that citizenship ceremonies are conducted in a manner wholly

consistent with the important purpose and dignity of the judicial


administration of the oath of citizenship,

IT IS HEREBY ORDERED that General Order No. 03-05 be adopted as

follows:
1. Due to the scope and complexity of the Central District, requests to
conduct special ceremonies in particular political jurisdictions and at military

installations will not be approved.


The Central District consists of 7 counties, 180 incorporated cities, 41 assembly

districts, 20 senate districts, and 27 congressional districts. Additionally, there are a

large number of military installations located throughout the District. It is not feasible

to conduct naturalization ceremonies in each jurisdiction nor at each military


installation, nor is it equitable to accommodate selected jurisdictions or military

installations.

2. Due to the nationality and ethnic diversity of the Central District,


requests to conduct special ceremonies for persons from a particular country of

origin or for a particular ethnic group will not be approved.

At a typical large ceremony, which would include a group of 4,000 candidates,


approximately 100 different countries of origin will be represented. It is not feasible

2
General Order 03-05
to conduct special ceremonies for each distinct country of origin nor is it equitable to

accommodate a selected country of origin or ethnic group.

3. Due to the specific facility requirements which must be met for the

appropriate conduct of naturalization ceremonies, requests to conduct special

ceremonies at a particular location will not be approved. Subject to approval of the


Chief Judge, special arrangements may be made for the swearing in of particular
individuals with serious health problems, for those who are severely disabled, or those

who have other special needs. Further, the Chief Judge may approve ceremonies for
one or a few persons upon the request of a judge.
A number of criteria are considered in facility selection, including, but not

limited to cost; availability; facility features, such as lighting, sound systems, staging
and seating; parking access; participant safety; convenience to candidates; and

efficient and effective use of staff. Each time a different facility is used, it is
necessary to conduct a pre-ceremony site survey and prepare a site operations plan.
This involves an extensive staff effort to assure a well organized ceremony and such

staff time is more effectively utilized in tasks more directly related to promoting
prompt service to candidates.

4. Due to the nature of naturalization proceedings, which are official court


hearings and a matter of record, which are conducted jointly by the Court and

3
General Order 03-05
Citizenship and Immigration Services (CIS), Department of Homeland Security, it

is appropriate that speakers invited to address naturalization ceremony participants be

and hereby are, limited to employees of Citizenship and Immigration Services,


Department of Homeland Security, at or above the level of GS-14, such employees’

direct supervisors, and the Secretary and Deputy Secretary of the Department of

Homeland Security.

5. Due to the nature of naturalization proceedings, which are official court


hearings and a matter of record, when the Court is in session, the use of any forms,
means or manner of radio or television broadcasting and the taking or making of
photographs, motion pictures, video or sound recordings intended for public broadcast

and which are focused upon the judge presiding are prohibited. With the approval of
the judge presiding, media attention which is not disruptive of the proceedings may

be focused upon the citizenship candidates prior to, during, and subsequent to the
court session.

4
UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

IN THE MATTER OF )
) GENERAL ORDER No. 05-02
ADOPTION OF STANDARD )
CONDITIONS OF PROBATION )
AND SUPERVISED RELEASE )
______________________________ )

This General Order shall amend General Order 318. All references to this

General Order and any subsequent amendment may be referenced as General Order

318 or 05-02.

IT IS HEREBY ORDERED that the Judges of the Central District of

California adopt the following standard conditions of probation and supervised

release to apply in every case in which probation and/or supervised release is

imposed upon a defendant. The individual judge may impose such other conditions

the judge deems advisable, consistent with existing or future law, in individual

cases of probation supervision or supervised release.

1
1. The defendant shall not commit another federal, state or local crime;

2. The defendant shall not leave the judicial district without the written

permission of the court or probation officer;

3. The defendant shall report to the probation officer as directed by the

court or probation officer and shall submit a truthful and complete

written report within the first five days of each month;

4. The defendant shall answer truthfully all inquiries by the probation

officer and follow the instructions of the probation officer;

5. The defendant shall support his or her dependents and meet other

family responsibilities;

6. The defendant shall work regularly at a lawful occupation unless

excused by the probation officer for schooling, training, or other

acceptable reasons;

7. The defendant shall notify the probation officer at least ten days prior

to any change in residence or employment;

8. The defendant shall refrain from excessive use of alcohol and shall not

purchase, possess, use, distribute, or administer any narcotic or other

controlled substance, or any paraphernalia related to such substances,

except as prescribed by a physician;

2
9. The defendant shall not frequent places where controlled substances

are illegally sold, used, distributed or administered;

10. The defendant shall not associate with any persons engaged in criminal

activity, and shall not associate with any person convicted of a felony

unless granted permission to do so by the probation officer;

11. The defendant shall permit a probation officer to visit him or her at any

time at home or elsewhere and shall permit confiscation of any

contraband observed in plain view by the probation officer;

12. The defendant shall notify the probation officer within 72 hours of

being arrested or questioned by a law enforcement officer;

13. The defendant shall not enter into any agreement to act as an informer

or a special agent of a law enforcement agency without the permission

of the court;

14. As directed by the probation officer, the defendant shall notify third

parties of risks that may be occasioned by the defendant’s criminal

record or personal history or characteristics, and shall permit the

probation officer to make such notifications and to confirm the

defendant’s compliance with such notification requirement;

15. The defendant shall, upon release from any period of custody, report to

3
the probation officer within 72 hours;

16. For felony cases, the defendant shall not possess a firearm, destructive

device, or any other dangerous weapon.

Dated: January 18, 2005

4
UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

In the Matter of ) GENERAL ORDER NO. 05-07


)
ASSIGNMENT OF DUTIES ) (SUPERSEDES GENERAL ORDERS
TO MAGISTRATE JUDGES ) 104, 104-A, 104-B, 104-C, 104-D,
) 104-E, 104-F and 194, 194-A, 194-B,
) 194-C, 194-D, 194-E, 194-F, 194-G,
) 194-H, 194-I, 97-3 and 01-13)
)

This General Order shall amend and supersede General Orders numbered

104 through 104-F, General Orders numbered 194 through 194-I, General Order 97-3 and

General Order 01-13. All references to this general order and any subsequent

amendments may be referenced as General Order 194.

IT IS HEREBY ORDERED that, unless restricted by General Order of this

Court, United States Magistrate Judges of this Court are authorized to perform all of the

duties and functions prescribed and authorized by 28 U.S.C. § 636, or any other statutes

or Federal Rules of Procedure which authorize Magistrate Judges to perform judicial

duties or functions.

Magistrate Judges shall have the inherent power of judicial officers to

implement and enforce their own orders and regulate proceedings before them, to the

1
General Order No. 05-07

extent permitted by law.

IT IS FURTHER ORDERED that the following civil and criminal matters

shall be referred to the full-time Magistrate Judges:

Civil Matters:

1. Social Security disability cases;

2. Federal habeas corpus petitions;

3. Pro se §1983 and Bivens cases for pretrial purposes (except for

cases where a federal judicial officer is named as a defendant);

4. State habeas corpus petitions (except for death penalty cases);

5. Applications for letters rogatory and requests for international

assistance;

6. Applications for provisional remedies other than injunctive relief,

including writs of attachment sought pursuant to Cal.Civ.Proc. Code § 481.010 et seq.;

7. Judgment debtor and third party examinations pursuant to

Cal.Civ.Proc. Code § 708.110 et seq. and other post-judgment discovery as provided by

Fed.R.Civ.P. 69(a);

8. Discovery-related matters upon referral by the District Judge to

whom the case is assigned;

9. Applications for warrants of arrest pursuant to Admiralty Rule C(3)

and release from arrest pursuant to Admiralty Rule E(4)(f);

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General Order No. 05-07

10. Any and all proceedings in a civil case (including jury and non-jury

trials, and the entry of final judgment) upon the consent of the parties in accordance with

the Local Rules;

11. Guardian ad litem applications;

12. Proceedings relating to naturalization matters;

13. Attorney admissions;

14. Jury excusals and grand jury empanelments;

15. Extradition proceedings pursuant to 18 U.S.C. §3181 et seq;

16. Settlement conferences in cases to which the Magistrate Judge is

assigned, upon referral by the District Judge;

17. Upon referral by the District Judge to whom the case is assigned,

and except as limited by General Order of this Court, any additional duty related to civil

cases not inconsistent with the Constitution or laws of the United States.

Criminal Matters:

1. Process complaints and issue appropriate summonses or arrest

warrants, and dismiss complaints upon the request of the United States Attorney;

2. Issue and accept returns of search and seizure warrants;

3. Review applications for and issue orders relating to the installation

of a pen register, trap and trace, transponder or other surveillance device;

4. Conduct initial appearance proceedings and appoint counsel when

3
General Order No. 05-07

necessary;

5. Conduct preliminary examinations;

6. Set bail for material witnesses;

7. Conduct removal hearings and issue warrants of removal;

8. Accept waivers of indictment;

9. Conduct extradition proceedings;

10. Conduct proceedings in cases charging misdemeanors and

infractions as provided in 18 U.S.C. § 3401, and order a presentence investigation report

in any such case pending before such Magistrate Judge;

11. Conduct post-indictment arraignment proceedings and appoint

counsel when necessary;

12. In accordance with the instructions of the District Judge to whom

the case is assigned, accept not guilty pleas and set the case for trial and/or further

proceedings before the District Judge;

13. Accept a plea of guilty and impose sentence in a case involving an

information or indictment charging a misdemeanor offense originating in another district,

which has been transferred to this district, if the defendant consents to proceed before a

Magistrate Judge;

14. Receive the Grand Jury reports, order that any indictments returned

be filed, issue warrants and appropriate summonses, and set conditions for release on an

4
General Order No. 05-07

indictment or information;

15. Review and issue orders relating to applications for the sealing of

indictments, affidavits for search warrants and complaints and warrants, and other

applications for sealing documents related to cases prior to the assignment of the case to a

District Judge;

16. Issue subpoenas, writs of habeas corpus ad prosequendum or ad

testificandum, or other orders necessary to obtain the presence of parties, witnesses, or

evidence needed for the arraignment calendar or other court proceedings;

17. Exonerate or forfeit bonds, set aside forfeitures, and reinstate bail in

proceedings pending before the Magistrate Judges;

18. Administer the Central Violations Bureau and recommend

amendments to the bail schedule;

19. Fix or modify bail and conduct detention hearings and issue release

and detention orders, as provided by 18 U.S.C. § 3142(f), (h) and (i);

20. Approve personal and corporate surety bonds and bonds requiring

personal sureties;

21. Conduct Nebbia hearings;

22. In proceedings pending before the Magistrate Judge, appoint a

psychiatrist, when appropriate, under 18 U.S.C. § 4241 and conduct the competency

hearing;

5
General Order No. 05-07

23. In proceedings pending before the Magistrate Judge, issue bench

warrants for the failure of defendants or witnesses to appear.

IT IS FURTHER ORDERED that the following matters shall be referred to

the part-time Magistrate Judges:

1. Process complaints and issue appropriate summonses or arrest

warrants;

2. Issue search and seizure warrants;

3. Conduct initial appearance proceedings, and set any required

preliminary examination before a full-time Magistrate Judge;

4. Administer oaths and affirmations, issue orders pursuant to 18

U.S.C. § 3142 concerning release or detention of persons pending trial;

5. Conduct proceedings in cases charging misdemeanors and

infractions as provided in 18 U.S.C. § 3401, and order a presentence investigation report

in any such case pending before such Magistrate Judge.

6. Perform such other duties of the full-time Magistrate Judges as may

be assigned by the Chief District Judge, or the Chief District Judge’s designee.

IT IS FURTHER ORDERED that, except in cases pending before the

particular Magistrate Judge for all purposes, the following civil and criminal matters shall

not be referred to the Magistrate Judges:

Civil:

6
General Order No. 05-07

1. Applications or motions for attorney’s fees and costs;

2. Capital habeas corpus petitions;

3. Motions under 28 U.S.C. § 2255, petitions for writs of habeas corpus

or other writ petitions directed to a conviction and/or sentence sustained in this Court;

4. Applications or motions seeking contempt except as provided in

28 USC § 636(e) or any successor statute;

5. Applications or motions seeking entry of default judgment;

6. Applications or motions seeking injunctive or mandamus relief,

including temporary restraining orders;

7. Post-judgment applications or motions, except proceedings relating

to the scheduling and conducting of judgment debtor and third party examinations

pursuant to Cal. Civ. Proc. Code §§ 708.110 et seq. and other post-judgment discovery as

provided by Fed.R.Civ.P. 69(a);

8. Potentially dispositive motions listed in 28 U.S.C. § 636(b)(1)(A),

except in social security disability cases, non-capital state or federal habeas corpus

petitions, and pro se § 1983 and Bivens cases;

9. Pretrial matters not relating to discovery; and

10. Jury selection, jury returns, and all other jury tasks (except grand and

petit jury excusals).

Criminal Matters:

7
General Order No. 05-07

1. Criminal discovery;

2. Pretrial conferences and related matters; and

3. Jury selection, return of jury verdicts, and all other petit jury tasks.

IT IS FURTHER ORDERED that civil cases filed and assigned to

Magistrate Judges shall be subject to the following:

1. When a case is filed that is referable to a Magistrate Judge for a

report and recommendation, the Magistrate Judge shall be randomly drawn from a

district-wide Report and Recommendation Assignment Wheel, subject to the special

assignment rules hereinafter specified.

If a pro se civil rights plaintiff secures counsel or all the civil rights

claims are dismissed without leave to amend, then the reference under this General Order

shall be vacated automatically by the Clerk of the Court, and the case shall be returned to

the assigned District Judge with the assigned Magistrate Judge redesignated as the

discovery Magistrate Judge. If a civil rights case is not referred to a Magistrate Judge

under this General Order at the time it is filed, but the case is later determined to be

referable or later becomes referable based on subsequent developments, then the case may

be referred at the discretion of the assigned District Judge to a Magistrate Judge randomly

drawn from the district-wide Report and Recommendation Assignment Wheel.

2. Once a case is randomly assigned to a Magistrate Judge for a report

and recommendation, all subsequent habeas corpus cases, pro se civil rights and Bivens

8
General Order No. 05-07

cases, and Social Security cases filed by that same party shall be directly assigned to the

most recently assigned Magistrate Judge. The Magistrate Judge shall receive one credit

in the Report and Recommendation Assignment Wheel for each case directly assigned.

This rule shall not apply when either the original case or the subsequent case has multiple

plaintiffs or petitioners. Rather, in those instances, the subsequent case shall be randomly

assigned to a Magistrate Judge in accordance with this General Order.

3. Once a case is randomly assigned to a Magistrate Judge for a report

and recommendation, if the reference thereafter is vacated by the District Judge, the same

Magistrate Judge shall be directly assigned to the case for discovery. No card

adjustments shall be made in the Assignment Wheels.

4. If a District Judge vacates a reference to a Magistrate Judge for

discovery and instead refers the matter to a Magistrate Judge for a report and

recommendation, the case shall be randomly assigned to a new Magistrate Judge for the

report and recommendation if no discovery matters were heard by the discovery

Magistrate Judge. If such assignment is made, the discovery Magistrate Judge shall

receive a debit in the Discovery Assignment Wheel.

If any discovery matters were heard by the discovery Magistrate

Judge, the case shall be directly assigned to the same Magistrate Judge for the report and

recommendation. If such transfer is made, the Magistrate Judge shall receive a credit in

the Report and Recommendation Assignment Wheel and a debit in the Discovery

9
General Order No. 05-07

Assignment Wheel.

5. If a case filed by a pro se litigant is assigned to a Magistrate Judge

for discovery, and the same pro se litigant subsequently files a case which is to be

assigned to a Magistrate Judge for a report and recommendation, the report and

recommendation case shall be directly assigned to the discovery Magistrate Judge only if

any discovery matters were heard by that Magistrate Judge. If such assignment is made,

the Magistrate Judge shall receive a credit in the Report and Recommendation Wheel.

If no discovery matters were heard, a new Magistrate Judge shall be

randomly assigned the report and recommendation case.

6. If it is determined upon the filing of a new report and

recommendation case that the same pro se litigant has a discovery case and a report and

recommendation case pending before different Magistrate Judges, the new report and

recommendation case shall be directly assigned to the Magistrate Judge who was

randomly assigned to the most recent report and recommendation case.

The pending discovery case shall be directly assigned to the

Magistrate Judge assigned to the most recent report and recommendation case if no

discovery matters have been heard. If such transfer is made, the Discovery Assignment

Wheel shall be respectively debited and credited for the transferor and transferee

Magistrate Judge.

7. The Magistrate Judge randomly assigned a discovery case

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General Order No. 05-07

shall be directly assigned all subsequent discovery cases accepted by the originally

assigned District Judge as related cases. Case credit for these direct assignments shall be

limited to ten (10) unless otherwise ordered by the Chief Magistrate Judge.

IT IS FURTHER ORDERED that the Magistrate Judge to whom any

particular action or proceeding is assigned and referred for a report and recommendation

may transfer the case by order of the transferor and transferee Magistrate Judges. If such

a transfer is made, it shall be respectively debited and credited in the Report and

Recommendation Assignment Wheel.

11
UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

In the Matter of )
) GENERAL ORDER NO. 05-08
NEW LOCAL CRIMINAL )
RULE 46-2.1 )
)

IT IS HEREBY ORDERED that effective December 1, 2005, new

Local Criminal Rule 46-2.1 shall be as follows:

L.Cr.R. 46-2.1 Written Consentof Surety. Any requestfor

modification of conditions of bail, whether made by motion or by stipulation, must

include the written consent of each surety to the proposed modification.

DATED:

1
UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

In the Matter of )
) GENERAL ORDER NO. 05-10
AMENDMENT TO LOCAL )
CIVIL RULE 11-3.8 )
)

IT IS HEREBY ORDERED that effective December 1,2005, Local

Civil Rule 11-3.8 shall be amendedas follows:

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

(a) The name, California bar number, office address(or

residence addressif no office is maintained), the telephone and facsimile numbers,

and the e-mail addressof the attorney or a party appearingpro se presenting the

document shall be placed commencing with line I at the left margin. The e-mail

addressshall be placed immediately beneaththe name of the attorney.

identified. All this information shall be single spaced. When a document is

presented,the information set forth in this paragraphshall be supplied for each

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General Order No. 05-10

attorney or party appearingpro se who joins in the presentation of that document,

and who has not previously filed a document that includes the information.

DATED: NOV -9 2005

2
UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

IN THE MATTER OF WIRELESS )


COMMUNICATION DEVICES )
WITHIN COURTHOUSES AND ) GENERAL ORDER NO. 06-06
FEDERAL BUILDINGS )
______________________________ )

IT IS HEREBY ORDERED that all wireless communication devices shall be

turned off while in any courtroom or during any jury deliberation, unless the judge

presiding otherwise orders.

Nonetheless, individual judges may elect to bar all wireless communication

devices from their courtrooms.

Wireless communication devices are electronic devices that are capable of

either sending or receiving data such as text messages, still images or movies. Such

devices shall include, but are not limited to, mobile phones, laptop computers and

personal digital assistants (PDAs) that are capable of sending or receiving text or

pictures, or of recording or transmitting, sounds, images or movies.

DATED: November 16, 2006


UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

IN THE MATTER OF: )


) GENERAL ORDER No. 06-07
ORDER AUTHORIZING )
ELECTRONIC FILING ) (Supersedes General Order
) Nos. 03-06 and 05-01)
)

I. Rules and Orders.

A. Authorization. Pursuant to Federal Rules of Civil Procedure 5(e)

and 83 and Local Rule 5, the Court hereby authorizes and establishes operating

rules for the electronic filing of pleadings and papers.

B. Modification by the Court. In extraordinary circumstances in a

particular case, a judge may modify these rules in the interest of justice.

C. Applicability of Other Rules and Orders. Unless modified by

orders of the Court, all Federal Rules of Civil Procedure, Federal Rules of Criminal

Procedure, Local Rules, and Orders of the Court shall continue to apply to cases

that are subject to electronic filing.

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General Order No. 06-07

II. Definitions and Instructions.

The following definitions and instructions shall apply to these rules

regarding electronic filing:

A. The term “ECF” refers to the Court’s Electronic Case Filing system.

B. The term “ECF website” refers to the official Case

Management/Electronic Case Filing system (CM/ECF) Internet site of the Central

District of California at www.cacd.uscourts.gov/cmecf.

C. “Electronic Filing” refers to the process of logging onto the Court’s

website and completing a transaction that includes the uploading of the

document(s) to be filed in the Court’s system. Sending a document by e-mail shall

not constitute an electronic filing.

D. The term “party” shall include counsel of record.

E. “Electronic Signature” – an electronic document is deemed to have

been signed when filed by an attorney who is an ECF User, Judicial Officer, Clerk

or deputy clerk using a valid Central District of California login and password.

F. An “ECF User,” as set forth in Section IV below, is a person who is

registered and has completed the mandatory training on how to use the Court’s

Electronic Case Filing system. An ECF login and password shall constitute an

2
General Order No. 06-07

attorney’s individual electronic signature equivalent.

G. Participation in the ECF system, upon receipt of an ECF login and

password, shall constitute consent to electronic service pursuant to Federal Rule of

Civil Procedure 5(b)(2)(D).

H. The “E-Mail Address of Record” is the e-mail address of each party

to the case as indicated on the docket.

I. An “electronic post office box” identifies a storage area on the Court’s

network where e-mail directed to an ECF User can be sent and retrieved.

J. A “Notice of Electronic Filing” is generated automatically by the ECF

system upon completion of an electronic filing. The Notice of Electronic Filing,

when e-mailed to the e-mail address of record in the case, shall constitute the proof

of service as required by Fed.R.Civ.P.5(d). A copy of the Notice of Electronic

Filing shall be attached to any document served in the traditional manner upon any

party appearing pro se.

K. All hours stated shall be Pacific Standard Time or Pacific Daylight

Time, whichever is in effect at the time.

L. All days are calculated according to the provisions of F.R.Civ.P. 6(a).

M. “PACER” is the Federal Judiciary’s system for Public Access to

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General Order No. 06-07

Court Electronic Records. A PACER account is necessary for retrieving

documents from the ECF system. A firm may register for a PACER account by

visiting the PACER Service Center’s website at http://pacer.psc.uscourts.gov.

N. Procedures and instructions for using the Court’s ECF system to

implement these rules may be found on the ECF website along with other important

ECF information.

O. The term “PDF” refers to Portable Document Format, a specific

computer file format that is the only format in which a document may be

electronically filed. Information about PDF may be found on the ECF website (see

Section VI.B.).

P. The terms “manual”and “traditional” describe any pleading or

document that is filed with the Court and/or served in paper rather than

electronically.

III. Selection of Cases.

A. Designated Cases. Cases designated for Electronic Case Filing are

listed on the Court’s ECF website.

B. Pro Se Litigants. Documents filed by pro se litigants will continue

to be filed and served in the traditional manner and will be scanned by the Clerk’s

4
General Order No. 06-07

Office into the electronic filing system.

C. Service of Pleadings and Documents. The Court and parties to the

action shall not be required to manually serve pleadings and documents that have

been electronically filed, unless the opposing party is appearing pro se or opposing

counsel is not yet an ECF user.

Service of an electronically filed document upon a registered attorney is

deemed complete upon the transmission of a Notice of Electronic Filing to that

attorney. Documents traditionally filed in paper (refer to Section VII), must be

served by ECF attorneys using traditional means of service in the manner

prescribed for such service in the Federal Rules of Civil Procedure and Federal

Rules of Criminal Procedure.

IV. Registration and Access.

A. Obligation to Register. Each attorney of record, not already

registered as an ECF user, is obligated to register as an ECF User as soon as

practicable but no later than ten days after notification that the action is subject to

ECF. Registration shall be on a form and in a manner as prescribed by the Clerk.

Attorneys of record who fail to register timely shall be subject to such sanctions as

may be imposed by the Court.

It shall be the responsibility of Local Counsel to ensure the timely

5
General Order No. 06-07

registration of any attorney appearing pro hac vice.

B. Obligation to Keep Account Information Current. An ECF login

account is a permanent, individual electronic signature equivalent for a particular

attorney. Registered attorneys are required to keep their account information

current by promptly filing a notice regarding any change. In accordance with Local

Rule 83-2.7, attorneys must notify the Clerk, in writing, within fourteen (14) days

of any change in their e-mail address; however, to ensure proper uninterrupted

delivery of service of electronic mail, counsel should immediately notify the Clerk.

Counsel participating in electronic filing shall include their current e-mail

address of record on all documents filed with the Court as required by Local Rule

11-3.8.

C. Obligation to Maintain Electronic Post Office Box. Attorneys shall

be responsible for ensuring their electronic post office boxes are adequate to handle

all documents that will be sent electronically. Counsel shall ensure that their e-

mail service provider does not limit the size of attachments.

D. Authorizing Use of Login and Password by Others. An

ECF User may authorize another person to file a document using the Login and

Password of the ECF User provided, however, that the ECF User shall be

responsible for any document so filed. If, at any time, an ECF User believes that

6
General Order No. 06-07

the security of his or her password has been compromised, the ECF User shall

immediately notify the Court via e-mail or the telephone number as posted on the

ECF website.

V. Filing of Documents.

A. Initiating Documents.

1. Civil Initiating Documents. Where required, complaints

(including Third-Party Complaints) and other initiating documents in civil cases

shall be filed, in duplicate, fees paid, and summons issued and served in the

traditional manner on paper rather than electronically. For cases subject to ECF

pursuant to Section III.A. above, all manually filed documents shall be submitted in

electronic form (PDF format only) within three (3) days of the date the initiating

document is filed. Submission of initiating documents must be made by e-mail to

the Court’s designated e-mail address, rather than by e-filing. Failure to timely e-

mail PDF copies of initiating documents shall be subject to such sanctions as may

be imposed by the Court.

2. Criminal Initiating Documents. Complaints, indictments,

informations, etc., in criminal cases shall be filed in the traditional manner in paper

rather than electronically. All traditionally filed documents shall be submitted in

electronic form (PDF), within three (3) days of the date the initiating document is

7
General Order No. 06-07

filed.

B. Documents Filed on Paper in Cases Designated for ECF Other

Than Initiating Document. Whenever a paper filing is made of any document in

a case designated for electronic filing, the document shall be submitted in

electronic form (PDF format only) within three (3) days. If submission of the

document or paper in PDF format is not practicable, it may be manually filed. (See

Section VII.)

C. Documents E-Filed in Cases Not Designated for ECF. Filings in

cases not designated for electronic filing should be made on paper only. In the

event a document is electronically filed in a case not designated for electronic

filing, a paper copy of the electronically filed document shall be submitted to the

Court, in duplicate, for the purpose of completing the paper file. The document

will be deemed filed as of the electronic filed date and the paper copy should not be

refiled. The paper copies should be clearly marked: “E-filed on [date], Copy for

paper file.” A copy of the Notice of Electronic Filing shall be attached to the

paper copies.

VI. Electronic Filing.

A. Generally. In any case subject to electronic filing, all documents

required to be filed with the Clerk shall be filed electronically on the ECF website,

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General Order No. 06-07

except as provided otherwise in Section VII or authorized otherwise by the Court.

Unless modified by orders of the Court, all Federal Rules of Civil Procedure, all

Federal Rules of Criminal Procedure, Local Rules and orders of the Court shall

continue to apply to cases which are subject to electronic filing.

B. Format. Documents filed electronically must be submitted in PDF

format to permit text searches and to facilitate transmission and retrieval. Before

any documents are electronically filed, the ECF User shall convert the documents

to PDF format. The documents may not be scanned, except as outlined in Sections

VII.E. and X.

C. Courtesy Paper Copies. Courtesy paper copies of all electronically

filed documents must be delivered to the court for chambers not later than 12:00

noon the following business day or as directed by the assigned judge’s standing

order. The paper courtesy copies must comply with Local Rule 11-3, i.e., blue

backed, font size, page numbering, tabbed exhibits, etc., or as otherwise directed by

the assigned judge. (Refer to the Court’s ECF website for details on how and

where to deliver courtesy copies.)

D. Obligation to Protect Sensitive and Private Information. In

compliance with the policy of the Judicial Conference of the United States and the

E-Government Act of 2002 (as Amended), the parties shall refrain from including,

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General Order No. 06-07

and/or shall redact where inclusion is necessary, the following personal data

identifiers from all documents filed with the Court.

1. Social Security Numbers: If an individual’s Social Security

Number must be included in a document, only the last four

digits of that number should be used.

2. Names of Minor Children: If the involvement of a minor child

must be mentioned, only the initials of that child should be used.

3. Dates of Birth: If an individual’s date of birth must be

included in a document, only the year should be used.

4. Financial Account Numbers: If financial account numbers are

relevant, identify the name or type of account and the financial

institution where maintained, and only indicate the last four

digits of the account number.

5. Home Address: If a home address must be included, only the

city and state should be listed.

E. E-Government Act Requirements When Filing Documents With

Sensitive and Private Information. A party who must file a document containing

the personal data identifiers as listed in Section C above shall: (1) file a redacted

version of the document excluding the personal data identifiers; or (2) file a

10
General Order No. 06-07

redacted version of the document with unique identifiers (e.g., 1, 2, 3 or A, B, C)

used in place of the personal data identifiers, along with a reference list, filed under

seal, indicating the complete personal data identifiers and unique identifiers used in

their place; or (3) file the complete unredacted document under seal. (Refer to

Section VII.B. for procedures in filing the complete unredacted document or

reference list under seal.)7

Parties shall carefully examine the documents, exhibits or attachments

to be electronically filed with the Court in order to protect the clients’ sensitive and

private information. The responsibility for redacting or placing under seal these

personal data identifiers rests solely with counsel and the parties. The Clerk will

not review any pleadings or documents for compliance with this General Order.

Counsel and the parties are cautioned that failure to redact or place

under seal these personal data identifiers may subject them to the full disciplinary

power of the Court. If a redacted version of the document is filed, counsel shall

maintain the unredacted document in their office pending further order of the Court

or resolution of the action (including the appeal, if any) and shall, at the request of

opposing counsel or parties, provide a copy of the complete document.

F. Hyperlinks. Documents filed electronically may only contain

hyperlinks to sections of the same document. Hyperlinks to other documents,

11
General Order No. 06-07

websites, source documents or citations are not permitted.

G. Completion of Filing. Documents electronically filed with the Court

will be considered filed as of the date and time of the completed submission of the

document to the Court’s ECF system and the receipt of the Notice of Electronic

Filing, provided the documents comply with the Federal Rules of Civil Procedure,

Federal Rules of Criminal Procedure, and Local Rules of this Court.

H. Deadlines. Filing documents electronically does not alter any filing

deadlines. All electronic transmissions of documents must be completed (i.e.,

received completely by the Clerk’s Office) prior to midnight Pacific Standard Time

or Pacific Daylight Time, whichever is in effect at the time, in order to be

considered timely filed on that day. Where a specific time of day deadline is set by

Court order or stipulation, the electronic filing shall be completed by that time.

Any criminal duty documents filed after 4:00 p.m. may be considered the next

business day.

I. Notice of Discrepancies For Electronically Filed Documents.

The Clerk’s Office will notify the ECF User of any documents electronically filed

that do not comply with the Federal Rules of Civil Procedure, Federal Rules of

Criminal Procedure and the Local Rules of this Court. ECF Users may be notified

of the discrepancies found in electronically filed documents via a discrepancy

12
General Order No. 06-07

notice, or the assigned judge may issue an Order to Strike the document.

J. Correcting Errors in E-Filed Documents. After a document is

electronically filed, only the Clerk’s Office can make any necessary corrections.

As soon as possible after an error is discovered, the ECF User should notify the

Clerk’s Office of the error via e-mail or telephone as posted on the ECF website.

The Clerk’s Office will notify the filing party if the document needs to be refiled.

K. Technical Failures. If an ECF User is unable to electronically file a

document, the ECF User must immediately contact the Clerk’s Office via e-mail or

the telephone number posted on the ECF website. The ECF User shall then attempt

to file the document electronically at least two times after 12:00 noon, separated by

at least one hour. If, after at least two attempts after 12:00 noon, the ECF User

cannot electronically file the document, the document will be accepted for

electronic filing the next business day. Such delayed filing shall be accompanied

by a declaration or affidavit setting forth the facts of the ECF User’s failed attempts

to file electronically. A history of technical failures lasting longer than one hour

will be posted on the ECF website.

L. Docket. Except as otherwise provided in this General Order, the

acceptance by the Clerk of a document electronically filed in accordance with the

Electronic Filing Procedures shall constitute entry of that pleading or other paper

13
General Order No. 06-07

on the docket maintained by the Clerk under Federal Rules of Civil Procedure 58,

77 and 79 and Federal Rules of Criminal Procedure 55.

M. Certification of Electronic Documents. Pursuant to Federal Rules of

Civil Procedure 44(a)(1) and 44(c), the method of electronic certification described

herein is deemed proof of an official court record maintained by the Clerk of Court.

The Notice of Electronic Filing contains the date of electronic distribution and

identification of the United States District Court for the Central District of

California as the sender. An encrypted verification code appears in the electronic

document stamp section of the Notice of Electronic Filing. The electronic

document stamp shall be used for the purpose of confirming the authenticity of the

transmission and associated document(s) with the Clerk of Court, as necessary.

When a document has been electronically filed into CM/ECF, the official record is

the electronic recording of the document kept in the custody of the Clerk of Court.

The Notice of Electronic Filing provides certification that the associated

document(s) is a true and correct copy of the original filed with the Court.

VII. Exceptions and/or Waivers from Electronic Filing.

A. Generally. Parties otherwise participating in ECF may be excused

from filing a particular document or component electronically if it is not available

in electronic format and it is not possible for the ECF User to convert it to PDF

14
General Order No. 06-07

format by scanning or if the document or component is being filed under seal.

Such document or component shall not be filed electronically, but instead shall be

manually filed, in duplicate, with the Clerk and served upon the parties in

accordance with the applicable Federal Rules of Civil Procedure, Federal Rules of

Criminal Procedure and the Local Rules for filing and service of non-electronic

documents and under seal documents. Parties manually filing a document or

component under this provision shall file electronically a Notice of Manual Filing

setting forth the reason(s) why the document or component cannot be filed

electronically.

B. Under Seal Documents. Applications and Orders to Seal, along with

the document to be placed under seal, shall NOT be electronically filed but shall be

filed manually in the manner prescribed by Local Rule 79-5. A Notice of Manual

Filing shall be electronically filed indicating the documents being manually filed.

(See Section VII.A.).

C. Initial Pleadings and Papers. Initial papers commencing a civil

or criminal action must be filed in the traditional manner, with electronic copies as

outlined in Section V.

D. Records for Bankruptcy Appeals and Administrative Review

Cases, and Court Reporter Transcripts. In Bankruptcy appeals, habeas corpus

15
General Order No. 06-07

proceedings, and administrative review cases such as Social Security appeals,

ERISA and IDEA cases, the record from the court or agency shall not be submitted

electronically but shall be submitted in the traditional manner. Parties are required

to electronically file a Notice of Manual Filing or Notice of Filing Administrative

Record to indicate the case record is being manually filed and/or lodged. (See

Section VII.A.)

Court reporter transcripts of proceedings shall continue to be filed in the

traditional manner along with a Receipt for Reporter’s Transcript.

E. Exhibits. Exhibits for which the electronic original is not available to

the filer and must therefore be scanned to PDF should be filed electronically only

when the size of the document does not exceed the limit specified on the ECF

website. Scanning documents often produces files that are too large to be readily

usable. Exhibits that are filed in the traditional manner because they are too large

to scan should be identified in the electronic filing by a Notice of Manual Filing

attached in place of the actual document. (See Section VI.A.) Exhibits filed in

PDF format must comply with Section X.C.

F. Criminal Duty Matters. Documents filed in criminal duty matters in

front of a Magistrate Judge, before a case is assigned to a District Judge, shall be

filed in the traditional manner.

16
General Order No. 06-07

VIII. Orders.

A. Proposed Orders, Judgments or other Proposed Documents which

Require a Judge’s Signature.

1. When a proposed order or other proposed document

accompanies a filing, the proposed order or other proposed document shall be in

PDF format and included, as an attachment, to the main electronically filed

document (e.g., stipulations, applications, motions). Proposed orders or other

proposed documents that are not filed with a main document, such as a proposed

judgment or proposed findings of fact, shall be electronically filed as an attachment

to a Notice of Lodging and shall be linked to the order or minute order directing the

preparation of the proposed document.

2. After the documents have been electronically filed, a

WordPerfect or Word copy of the proposed order, along with a copy of the PDF

electronically filed main document, shall be e-mailed to the assigned judge’s

generic ECF e-mail address as indicated on the Court’s ECF Website. The subject

line of the e-mail shall be in the following format: court’s divisional office, year,

case type, case number, and the document control number assigned to the main

document at the time of filing (e.g., for Los Angeles, LA07CR00123-6; for Santa

Ana, SA07CR00124-8; for Riverside, ED07CR00125-10).

17
General Order No. 06-07

B. Orders and Documents from the Court. Any order or document

filed electronically, bearing the electronic signature of a Judicial Officer or the

Clerk of Court, has the same force and effect as if the Judicial Officer or Clerk of

Court had affixed his or her signature to a paper copy of the order and the order had

been entered on the docket in a conventional manner.

IX. Service of Electronically Filed Documents.

A. Generally. Parties in cases subject to ECF shall make available

electronic mail addresses for service. Upon the filing of a document by a party, a

Notice of Electronic Filing is automatically generated by the ECF system and sent

via e-mail to all parties receiving service by e-mail in the case. Receipt of the

Notice of Electronic Filing shall constitute service on the receiving party as

required by Fed.R.Civ.P.5(d). (See Section III.)

B. Parties Who Have Not Registered as ECF Users.

1. Defendants in the Initial Complaint in a Civil Action. Upon

the filing of a new action which is subject to ECF, the Plaintiff(s) shall serve notice

upon all defendants that the action is subject to ECF, along with an ECF User

registration form.

2. Third-Party Defendants in a Civil Action. Upon the filing of

a third-party complaint in an action which is subject to ECF, the third-party

18
General Order No. 06-07

plaintiff(s) shall serve notice upon the third-party defendant that the action is

subject to ECF, and shall serve an ECF User registration form together with the

third-party complaint. If the third-party defendant is a registered ECF User

pursuant to Section II.D., the third-party answer shall be filed electronically.

Otherwise, concurrent with the non-electronic filing of the third-party answer or

other documents responsive to the third-party complaint, the third-party defendant

shall file with the Clerk the information required to become a registered ECF User

pursuant to Section IV.A. The third-party defendant shall, within three (3) days of

the date of traditionally filing, submit the answer or other responsive documents in

electronic form (PDF format only), to the e-mail address designated for that

purpose which may be found on the ECF website.

The third-party complaint shall be filed in the traditional manner. (See

Section V.)

3. Others. In an action subject to ECF, when service of a

document other than a third-party complaint is required to be made upon a person

who is not a registered ECF User and not appearing pro se, a paper copy of the

document shall be served on the person (as otherwise required by the Federal Rules

of Civil Procedure, Federal Rules of Criminal Procedure or the Local Rules), along

with a copy of the Notice of Electronic Filing and an ECF User registration form.

19
General Order No. 06-07

If the person so served is permitted or required to respond to the document, such

time to respond shall be computed as prescribed in the Federal Rules of Civil

Procedure, Federal Rules of Criminal Procedure, the Local Rules and/or an Order

of the Court. Such person must register as an ECF User as soon as practicable, and

thereby become subject to ECF for the purposes of the action, except persons

appearing pro se. (See Section III.C.) The party shall, within three (3) days of

manually filing any responsive documents, submit those documents in electronic

form (PDF format) to the e-mail address designated for that purpose which may be

found on the ECF website.

C. Service of the Court’s Orders or Other Court Generated

Documents. Orders or other court generated documents filed by the Court in

cases designated for electronic filing will be served on parties only via the e-mail

Notice of Electronic Filing. No paper service will be made by the Court, unless the

party is appearing pro se or the attorney is not yet an ECF User.

X. Signatures.

A document filed with the Court electronically shall be deemed to be signed

by the person (the “Signatory”) when the document identifies the person as a

Signatory and the filing complies with either subparagraph (A) or (B) of this

Section. Any filing in accordance with any of these methods shall bind the

20
General Order No. 06-07

Signatory as if the document was physically signed and filed, and shall function as

the Signatory’s signature, whether for purposes of Rule 11 of the Federal Rules of

Civil Procedure, to attest to the truthfulness of an affidavit or declaration, or for

any other purpose.

A. ECF Users. In the case of a Signatory who is an ECF User, such

document shall be deemed signed, regardless of the existence of a physical

signature on the document, provided that such document is filed using the Login

and Password of the Signatory.

B. Documents Requiring Multiple Signatures. In the case of

documents requiring multiple signatures, such as stipulations and joint pretrial

orders, the ECF User shall scan the signed document in PDF format and

electronically submit the document to the Court. The ECF User shall maintain the

original, signed documents for subsequent production to the Court if so ordered for

inspection upon request by a party until one year after final resolution of the action

(including the appeal, if any). The ECF User may attach a scanned image of the

signature page(s) of the document being electronically filed in lieu of maintaining

the paper record for subsequent production if required.

C. Documents Requiring Signatures Other Than Parties. In the case

of documents requiring signatures other than the attorneys of record, the ECF User

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General Order No. 06-07

shall scan the document in PDF format and electronically submit the document to

the Court, along with a separate declaration stating, under penalty of perjury, that

the ECF User has the original document and that it is identical to the one being

filed in PDF format. The ECF User shall maintain the original, signed document

for subsequent production to the Court if so ordered for inspection upon request by

a party or the Court’s own motion until one year after final resolution of the action

(including the appeal, if any).

XI. Access to Rules.

These policies, as well as operational guidelines and instructions, shall be

posted on the ECF website and may be published in official legal newspapers in

this district. Any amendments to ECF procedures shall be similarly published.

Amendments to this order may be entered from time to time in keeping with

the needs of the Court.

Dated: December 13, 2006

22
UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

IN THE MATTER OF )
) GENERAL ORDER NO. 07-01
ALTERNATIVE DISPUTE ) (Supersedes General Order 02-07)
RESOLUTION PILOT )
PROGRAM )
)

1. SCOPE AND PURPOSE OF RULE

1.1 Scope. This General Order ("Order") governs the mandatory and

elective referral of certain actions for settlement conferences with a neutral

member of the Attorney Settlement Officer Panel appointed by the Court. The

Order shall be effective on January 1, 2003, and applies to actions which fall

within the scope of this Order, regardless of when the actions commenced.

1.2 Purpose. The Court finds that the number of criminal and civil cases

in this District, together with the adoption of Congressional requirements for the

priority scheduling of criminal trials and the shortage of Judges in this District,

have placed significant pressures on litigants, counsel, and the Court. The purpose

of this Alternative Dispute Resolution Pilot Program (hereinafter referred to as


1
ADR Pilot Program) is to alleviate some of these pressures and to encourage the

fair, speedy, and economical resolution of controversies by referring suitable cases

to an impartial Attorney Settlement Officer who is experienced in one or more

designated areas of law or in the processes of alternative dispute resolution.

2. ADMINISTRATION

2.1 Appointment of the Coordinator. The ADR Pilot Program shall be

coordinated by a Program Coordinator (the "Coordinator") at the direction of the

Clerk of Court.

2.2 Duties of the Coordinator. The duties of the Coordinator shall be

established by the Court, and shall include the following:

(a) Maintenance of the current list of panelists available to act as

Attorney Settlement Officers, and regular circulation of said list to the Judges

participating in the Program.

(b) Periodic reporting to the Court on the status and effectiveness

of the ADR Pilot Program, and maintenance of records including disposition rates

for this purpose.

(c) Performance of any additional duties as the Court may direct

which are necessary for the efficient administration of the ADR Pilot Program.

2
3. ATTORNEY SETTLEMENT OFFICER QUALIFICATIONS AND

SELECTION

All attorneys who are appointed to the Attorney Settlement Officer Panel as

outlined in General Order 04-01 are automatically appointed as settlement officers

participating in the ADR Pilot Program.

4. IDENTIFICATION OF CASES FOR REFERRAL TO THE ADR

PILOT PROGRAM

4.1 Mandatory Referral to the ADR Pilot Program. The ADR

Pilot Program shall apply to civil cases assigned to district judges participating in

the Program that meet the following criteria:

(a) The prayer for relief is $250,000.00 or less, or

(b) The nature of suit is one of the following categories listed on

the civil cover sheet:

(1) Contract - insurance (110)

(2) Contract - marine (120)

(3) Contract - Miller Act (130)

(4) Personal injury - assault, libel and slander (320)

(5) Personal injury - marine (340)

(6) Personal injury - marine product liability (345)

3
(7) Personal injury - motor vehicle (350)

(8) Personal injury - motor vehicle product liability

(355)

(9) Other personal injury (360)

(10) Personal injury - medical malpractice (362)

(11) Personal injury - product liability (365)

(12) Bankruptcy Appeal 28 USC §158 (422)

(13) Bankruptcy Withdrawal 28 USC §157 (423)

(14) Americans with Disabilities Act - Other Civil

Rights (440)

(15) Civil rights - employment (442).

Potential class action cases shall not be referred to the ADR Pilot

Program on a mandatory basis. Such class actions as the assigned judge

determines would benefit from participation in the ADR Pilot Program may be

referred to the Program by the judge.

4.2 Discretionary Referral to the ADR Pilot Program. Cases that the

assigned judge determines would benefit from participation in the ADR Pilot

Program but do not meet the criteria outlined in Section 4.1 of this General Order

may be referred to the Program by the judge.

4
5. NOTICE OF REFERRAL

5.1 Mandatory Referral. In cases of mandatory referral, a “Notice to

Parties of ADR Pilot Program” in the form attached as Exhibit “A,” and an “ADR

Pilot Program Questionnaire” in the form attached as “Exhibit B” will be provided

to plaintiff’s counsel at the time of the filing of the complaint. The Questionnaire

is to be completed jointly by the parties and filed concurrently with the report

required under Federal Rules of Civil Procedure 26(f).

5.2 Cases Transferred to a Judge Participating in the Pilot ADR

Program. For cases that are transferred to a judge participating in

the ADR Pilot Program, a “Notice to Parties of ADR Pilot Program - Transferred

Case” in the form attached as “Exhibit C” and an “ADR Pilot Program

Questionnaire” in the form attached as Exhibit “B” will be provided to plaintiff’s

counsel at the time of the transfer by the courtroom deputy clerk.

The Questionnaire is to be completed jointly by the parties and filed in

accordance with the Notice.

5.3 Cases Transferred From a Judge Participating in the Pilot ADR

Program to a Judge Not Participating in the Pilot ADR Program. The

provisions of this General Order are applicable to those cases that are transferred

to a judge who is not participating in the ADR Pilot Program but who determines

5
that the case would benefit from and should remain in the ADR Pilot Program. If a

judge who is not participating in the ADR Pilot Program determines that the case

would not benefit from and should not remain in the ADR Pilot Program, then an

order vacating the referral will be prepared.

5.4 Cases Assigned to a Magistrate Judge Pursuant to 28 U.S.C. section

636(c) and the Civil Local Rules. The provisions of this General Order are

applicable to those cases that are assigned to a magistrate judge pursuant to 28

U.S.C. section 636(c) and the Local Civil Rules if the magistrate judge determines

that the case would benefit from participation in this Program.

5.5 Discretionary Referral. For cases that do not meet the criteria in

Section 4.1 of this General Order but the assigned judge determines would benefit

from participation in this Program or a different settlement approach, a “Notice to

Parties of ADR Pilot Program - Discretionary Referral” in the form attached as

“Exhibit D” and an “ADR Pilot Program Questionnaire” in the form attached as

Exhibit “B” will be provided to plaintiff’s counsel by the courtroom deputy clerk.

The Questionnaire is to be completed jointly by the parties and filed in

accordance with the Notice.

6
6. ORDER OF REFERRAL

6.1 Mandatory Referral. In cases of mandatory referral, after the

Questionnaire is reviewed by the judge assigned to the case, an “Order/Referral to

ADR Pilot Program” in the form attached hereto as “Exhibit E” shall be completed

by the courtroom deputy clerk.

After reviewing the Questionnaire, the judge may determine that a

particular case is not suitable for mandatory referral. In such instances, an

“Order/Referral to ADR Pilot Program” will not be prepared.

6.2 Discretionary Referral. For those cases the assigned judge

determines would benefit from participation in this Program or a different

settlement approach, after the Questionnaire is reviewed by the judge assigned to

the case, an “Order/Referral to ADR Pilot Program” in the form attached hereto as

“Exhibit E” or an alternative order as directed by the judge shall be completed by

the courtroom deputy clerk and served on the parties.

7. SELECTION OF AN ATTORNEY SETTLEMENT OFFICER.

7.1 Selection. The parties may stipulate to an Attorney Settlement

Officer on the current Attorney Settlement Office Panel List maintained by the

Coordinator in accordance with General Order 04-01. If the parties are unable to

stipulate to an Attorney Settlement Officer, a “Notice of Random Selection of

7
Attorney Settlement Officer Under the ADR Pilot Program” in the form attached

hereto as “Exhibit F” will be completed by the Coordinator, or an Attorney

Settlement Officer will be appointed by the Court.

7.2 Random Assignment. If the parties are unable to stipulate to an

Attorney Settlement Officer to conduct the settlement proceedings, the Clerk of

Court shall randomly select an Attorney Settlement Officer from the current Panel

List with expertise in the area of law as designated by counsel for all parties.

7.3 Disclosure of Conflicts of Interest. An Attorney Settlement

Officer shall promptly determine all conflicts or potential conflicts in the manner

prescribed by the California Rules of Professional Conduct and disclose same to all

parties in writing. If the Attorney Settlement Officer’s firm has represented one or

more of the parties, the Attorney Settlement Officer shall promptly disclose the

circumstance to all parties in writing.

8. OTHER SETTLEMENT OPTION.

Court permission must be obtained if a case has been referred to the ADR

Pilot Program and the parties subsequently agree to have the case heard by a

private or non-profit dispute resolution body for a mediation-type settlement

proceeding. In such instances, counsel shall notify the Coordinator of this change.

8
9. MULTIPLE PARTY SETTLEMENT PROCEEDING

An Attorney Settlement Officer may conduct settlement proceedings for a

group of related cases if (1) all parties to all cases agree, in writing, (2) all parties

agree, in writing, to compensation terms and rates of the Attorney Settlement

Officer, and (3) the Attorney Settlement Officer discloses to all parties the number

of cases in which the Attorney Settlement Officer has previously conducted

settlement proceedings involving any of the parties to the current proceeding.

10. SCHEDULING AN D LOCATION OF SETTLEMENT

PROCEEDINGS

10.1 Notice to Parties of Settlement Proceedings. Upon receiving notice

of the assignment as the Attorney Settlement Officer, it is the Attorney Settlement

Officer’s responsibility to schedule a time, date and location for the settlement

proceedings to occur as soon as reasonably possible. The Court shall provide

suitable space for settlement proceedings if a request is made to the Coordinator.

The Attorney Settlement Officer shall either notify the Coordinator of the time,

date, and place of the settlement proceedings or notify the Coordinator that a

settlement proceeding could not be scheduled.

10.2 Continuances and Rescheduling. No continuance or rescheduling

of the settlement proceeding shall be granted except upon agreement of the

9
Attorney Settlement Officer. The Coordinator shall be notified of any continuance

or rescheduling of settlement proceedings.

11. CONDUCT OF SETTLEMENT PROCEEDINGS

11.1 Submission of Confidential Settlement Statement. Each party shall

submit a confidential settlement statement, in accordance with the Local Civil

Rule.

11.2 Appearance by Party Representative. Each party shall appear at

the settlement proceeding in accordance with the Local Civil Rule. With prior

approval of the Attorney Settlement Officer, a party whose defense is provided by

a liability insurance company need not personally attend, but a representative of

the party’s insurer shall attend and must be empowered to settle the case.

11.3 Attendance of Trial Attorney. Each party shall be represented at

the settlement proceeding by the attorney who is expected to try the case, unless

excused for good cause by the Attorney Settlement Officer.

11.4 Settlement Conference Surveys. At the time of the settlement

proceeding, the Attorney Settlement Officer shall distribute to each litigant and

attorney an “ADR Pilot Program Participant Survey” in the form attached hereto as

Exhibit “G,” to be returned directly to the Coordinator.

11.5 Report to the Coordinator and the Court. Within five days after

10
the conclusion of the settlement proceeding, the Attorney Settlement Officer shall

submit to the Coordinator and file with the Court an “Attorney Settlement Officer

Proceedings Report,” in the form attached hereto as Exhibit “H,” informing the

Coordinator and the Court about the disposition of the case. The Attorney

Settlement Officer shall also submit an “ADR Pilot Program Attorney Settlement

Officer Survey” to the Coordinator in the form attached hereto as Exhibit “I.”

11.6 Confidentiality of Proceedings. As provided by the Local Civil

Rules, all settlement proceedings shall be confidential and no statement made

therein shall be admissible in any proceeding in the case, unless the parties

otherwise agree. No part of a settlement proceeding shall be reported, or otherwise

recorded, without the consent of the parties, except for any memorialization of a

settlement agreement.

11.7 Immunity. Attorney Settlement Officers are performing quasi-

judicial functions and are entitled to the immunities and protections that the law

accords to persons serving in such capacity.

12. SANCTIONS FOR FAILING TO COMPLY WITH REQUIREMENTS

12.1 Failure to Appear. If counsel, or a party required to attend in person

or through a representative, fails to attend a settlement proceeding, the Attorney

Settlement Officer shall report the failure to the assigned judge. The assigned

11
judge may impose sanctions for willful failure to attend a settlement proceeding as

the Court deems appropriate.

12.2 Failure to Comply With Settlement Proceeding Requirements.

The Attorney Settlement Officer may report to the assigned judge any failure by

any party to comply with this Order and may recommend that sanctions be

imposed by the Court for such failure. The assigned judge may impose sanctions

as appropriate under the circumstances.

12
UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

In the Matter of )GENERAL ORDER NO. 07-06


PLAN FOR THE COMPOSITION, )
ADMINISTRATION, AND ) (Amends section III of General
MANAGEMENT OF THE PANEL ) Order 98-06)
OF PRIVATE ATTORNEYS )
UNDER THE CRIMINAL JUSTICE )
ACT )

IT IS HEREBY ORDERED that General Order 98-06, section III, be

amended as follows:

“III. DISCIPLINE

As governed by policy of the Court, the performance of a CJA Panel

member is subject to evaluation at anytime during the member’s term. CJA Panel

member discipline is governed by the Local Civil Rules. Any CJA Panel member

suspended or disbarred pursuant to the Local Civil Rules shall be automatically

removed from the CJA Panel. Upon reinstatement as an active member in good

standing, the attorney may reapply for inclusion on the CJA Panel.”

Dated: October 1, 2007


UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

IN THE MATTER OF )
)
METHOD OF ALLOCATING )
CRIMINAL AND COMPLEX ) GENERAL ORDER NO. 07-09
CRIMINAL CASES AMONG ) (Supersedes General Order
THE DIVISIONS OF THE ) No. 96-21)
CENTRAL DISTRICT )
COURT OF CALIFORNIA )

WHEREAS, in order to bring about an equal distribution of civil and

criminal cases, the Court will periodically review and modify the method of

allocating cases among the Divisions,

IT IS HEREBY ORDERED that, unless otherwise assigned by the Case

Management and Assignment Committee in accordance with 28 U.S.C. § 137,

cases will be assigned to the Southern and Eastern Divisions as follows:

1. Assignment of Criminal Cases to the Southern Division

A. A criminal indictment or information may be assigned to the

Southern Division if at least one of the crimes charged, or any part thereof, is

alleged to have been committed within the Southern Division.

B. (i) In order to balance the number of criminal cases assigned to the

judicial officers of the Western, Southern and Eastern Divisions, there shall be

determined a maximum number of criminal cases allowed for assignment to the


General Order No. 07-09

Southern Division for a given period. This predetermined number shall be

adjusted as needed.

(ii) Once the predetermined number of criminal cases has been

assigned to the Southern Division for the given period, all additional criminal

cases filed during that period shall be assigned to the Western Division.

(iii) If it appears that the actual number of criminal cases assigned

to the Southern Division for the given period will be less than the predetermined

number of cases allowed for assignment, the Clerk may be directed to include in

the Western Division criminal assignment wheel a specific number of criminal

cards for each Southern Division judicial officer for random assignment. The

number of criminal cards for Southern Division judicial officers added to the

Western Division assignment wheels shall be credited against the Southern

Division predetermined number of cases allowed for assignment for the given

period.

C. All guilty pleas pursuant to Federal Rule 20 for arrests within the

Southern Division shall be assigned to the Southern Division.

D. For any transfer of a case to or from any Division that requires a

change of the individual attorney of record as approved by the transferor judge,

2
General Order No. 07-09

there shall be a new minimum 30-day period for trial preparation which shall run

from the day of the order of transfer, unless waived by the parties.

E. Complex criminal cases shall be randomly assigned to a judge from

a separate Southern Division Complex Criminal Assignment Wheel.

2. Assignment of Criminal Cases to the Eastern Division

A. A criminal indictment or information may be assigned to the Eastern

Division if all of the crimes charged are alleged to have been committed within the

Eastern Division.

B. (i) In order to balance the number of criminal cases assigned to the

judicial officers of the Western, Southern and Eastern Divisions, there shall be

determined a maximum number of criminal cases allowed for assignment to the

Eastern Division for a given period. This predetermined number shall be adjusted

as needed.

(ii) Once the predetermined number of criminal cases has been

assigned to the Eastern Division for the given period, all additional criminal cases

filed during that period shall be assigned to the Western Division.

(iii) If it appears that the actual number of criminal cases assigned

to the Eastern Division for the given period will be less than the predetermined

3
General Order No. 07-09

number of cases allowed for assignment, the Clerk may be directed to include in

the Western Division criminal assignment wheel a specific number of criminal

cards for each Eastern Division judicial officer for random assignment. The

number of criminal cards for Eastern Division judicial officers added to the

Western Division assignment wheels shall be credited against the Eastern Division

predetermined number of cases allowed for assignment for the given period.

C. All guilty pleas pursuant to Federal Rule 20 for arrests within the

Eastern Division shall be assigned to the Eastern Division.

D. For any transfer of a case to or from any Division that requires a

change of the individual attorney of record as approved by the transferor judge,

there shall be a new minimum 30-day period for trial preparation which shall run

from the day of the order of transfer, unless waived by the parties.

E. Complex criminal cases shall be randomly assigned to a judge from

a separate Eastern Division Complex Criminal Assignment Wheel.

Dated: October 11, 2007

4
UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

IN THE MATTER OF: )


) GENERAL ORDER No. 08-02
ORDER AUTHORIZING )
ELECTRONIC FILING ) (Supersedes General Order
) No. 07-08)
)

Table of Contents

I. Authorization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

A. Applicability of Other Rules and Orders . . . . . . . . . . . . . . . . . . . . . . 6

B. Cases Subject to Electronic Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

II. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

A. CM/ECF System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

B. CM/ECF Website . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

C. CM/ECF Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

D. CM/ECF User . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

E. Electronic Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

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General Order 08-02

F. Electronic Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

G. Consent to Electronic Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

H. E-Mail Address of Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

I. Electronic Post Office Box . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

J. Notice of Electronic Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

K. Electronic Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

L. Generic Chambers E-Mail Box . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

M. Intake E-Mail Box . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

N. Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

O. Calculation of Days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

P. PACER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Q. Procedures and Instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

R. PDF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

S. Notice of CM/ECF Unavailability . . . . . . . . . . . . . . . . . . . . . . . . . . 10

T. Courtesy Paper Copy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

U. Traditional Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

V. Traditional Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

III. Maintenance of Personal Contact Information . . . . . . . . . . . . . . . . . . . . . . 10

A. Obligation to Maintain Personal Contact Information . . . . . . . . . . . 10

2
General Order 08-02

B. Obligation to Notify Court of Change of Personal

Contact Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

C. Obligation to Maintain Electronic Post Office Box . . . . . . . . . . . . . 11

IV. Electronic Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

A. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

B. Authorizing Use of Login and Password by Others

to Electronically File Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

C. Format . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

D. Courtesy Paper Copies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

E. Obligation to Protect Sensitive and Private Information . . . . . . . . . 12

1. Social Security Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

2. Taxpayer Identification Numbers . . . . . . . . . . . . . . . . . . . . . . 13

3. Names of Minor Children . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

4. Dates of Birth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

5. Financial Account Numbers . . . . . . . . . . . . . . . . . . . . . . . . . . 13

6. Home Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

7. Additional Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

F. Exemptions From the Redaction Requirement . . . . . . . . . . . . . . . . . 13

G. Filing Documents With Sensitive and Private Information . . . . . . . 14

3
General Order 08-02

H. Waiver of Protection of Personal Data Identifiers . . . . . . . . . . . . . . 15

I. Hyperlinks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

J. Deadlines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

K. Notice of Discrepancies For Electronically Filed Documents . . . . . 16

L. Correcting Errors in E-Filed Documents . . . . . . . . . . . . . . . . . . . . . 16

M. Technical Failures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

N. Docket . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

O. Certification of Electronic Documents . . . . . . . . . . . . . . . . . . . . . . . 17

V. Exclusions From Electronic Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

A. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

B. Pro Se Litigants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

C. Case Initiating Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

1. Civil Case Initiating Documents . . . . . . . . . . . . . . . . . . . . . . . 19

2. Criminal Case Initiating Documents . . . . . . . . . . . . . . . . . . . 19

B. Under Seal Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

E. Records for Bankruptcy Appeals and Administrative

Review Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

F. Voluminous Exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

G. Criminal Duty Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

4
General Order 08-02

VI. Proposed Orders, Proposed Judgments, or Other Proposed

Documents That Require a Judge’s Signature . . . . . . . . . . . . . . . . . . . . . . 21

A. Electronically Filed Proposed Documents . . . . . . . . . . . . . . . . . . . . 21

B. WordPerfect or Microsoft Word Copy of Proposed Documents . . . 21

VII. Service of Electronically Filed Documents . . . . . . . . . . . . . . . . . . . . . . . . . 22

A. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

B. Service of the Court’s Orders or Other Court

Generated Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

VIII. Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

A. CM/ECF Users . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

B. Documents Requiring Multiple CM/ECF User Signatures . . . . . . . 24

C. Documents Requiring Signatures Other Than

CM/ECF Users . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

IX. Limitations on Remote Access to Electronic Social

Security Appeals and Immigration Cases . . . . . . . . . . . . . . . . . . . . . . . . . . 25

X. Access to Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

5
General Order No. 08-02
I. Authorization.

Pursuant to Federal Rules of Civil Procedure 5(d)(2)(3) and 83, the court

hereby authorizes and establishes operating rules for the electronic filing of

pleadings and papers.

A. Applicability of Other Rules and Orders. Unless modified by the

assigned judge, all Federal Rules of Civil Procedure, Federal Rules of Criminal

Procedure, Local Rules, and Orders of the court shall continue to apply to cases that

are subject to electronic filing.

B. Cases Subject to Electronic Filing. Except as specifically provided

for in this General Order, all civil and criminal cases are subject to electronic filing.

II. Definitions.

The following definitions shall apply to these rules regarding electronic

filing:

A. “CM/ECF System” refers to the automated Case

Management/Electronic Case Filing system implemented by the court. The

CM/ECF system stores case files in a database, and documents are filed

electronically, to the extent possible. The CM/ECF system is available at

https://ecf.cacd.uscourts.gov.

B. “CM/ECF Website” refers to the court’s CM/ECF website that

6
General Order No. 08-02
provides pertinent information regarding the CM/ECF system. The CM/ECF

website is available at www.cacd.uscourts.gov/cmecf.

C. “CM/ECF Registration” refers to registering with the United States

District Court, Central District of California, to file documents electronically

through the CM/ECF system. Registration is completed on-line through the

CM/ECF website. Upon the completion of CM/ECF Registration, a CM/ECF login

and password is provided.

D. “CM/ECF User” is a person who is registered to file in the CM/ECF

system.

E. “Electronic Filing” refers to the process of logging on the CM/ECF

system and completing a transaction that includes the uploading of the document(s)

to be filed. Sending a document by e-mail does not constitute an electronic filing.

F. “Electronic Signature” refers to the signature of an electronically filed

document based on: (1) the CM/ECF User’s login and password and (2) the

person’s representative signature, “/S/ – Name,” or a digitized personalized

signature or facsimile signature on the signature line of the document.

G. “Consent to Electronic Service” is the authorization by an attorney to

accept service by electronic means pursuant to the Federal Rules of Civil and

Criminal Procedure. Attorneys may consent to electronic service as part of the on-

7
General Order No. 08-02
line CM/ECF Registration.

H. “E-Mail Address of Record” refers to the primary e-mail address for

each CM/ECF User as indicated on the docket, and is used for electronic service.

I. “Electronic Post Office Box” identifies a storage area in the CM/ECF

User’s computer system.

J. “Notice of Electronic Filing” (NEF) is a notice automatically

generated by the CM/ECF system at the time a document is electronically filed.

The NEF will set forth the time of filing, the name of the parties and attorney(s)

filing the document, the type of document, the text of the docket entry, the name of

the parties and/or attorney(s) receiving the NEF, and a hyperlink to the filed

document that allows recipients to retrieve the document automatically. The NEF

also includes the name of any attorney(s) who did not consent to electronic service.

K. “Electronic Service” refers to transmission of the NEF. Service by

this electronic NEF constitutes service pursuant to the Federal Rules of Civil and

Criminal Procedure for all CM/ECF Users who have consented to electronic

service.

L. “Generic Chambers E-Mail Box” refers to the e-mail box assigned to

each judicial officer to be used exclusively for transmission of proposed documents

vis e-mail. The generic chambers e-mail box addresses are available on the

8
General Order No. 08-02
CM/ECF system.

M. “Intake E-Mail Box” refers to the e-mail box assigned to the intake

department of the Clerk’s Office in the Southern, Western, and Eastern Divisions of

the court to be used exclusively for transmission of e-mailed documents as specified

in this General Order. The intake e-mail box addresses are available on the

CM/ECF website.

N. All hours stated shall be Pacific Standard Time or Pacific Daylight

Time, whichever is in effect at the time.

O. All days are calculated according to the provisions of the Federal

Rules of Civil and Criminal Procedure.

P. “PACER” is the Federal Judiciary’s system for Public Access to

Court Electronic Records. A PACER account is necessary for retrieving documents

from the CM/ECF system. An attorney may register for a PACER account by

visiting the PACER Service Center’s website at http://pacer.psc.uscourts.gov.

Q. Procedures and instructions for using the court’s CM/ECF system to

implement these rules may be found on the CM/ECF website along with other

important information.

R. “PDF” refers to Portable Document Format, a specific computer file

9
General Order No. 08-02
format that is the only format in which a document may be electronically filed.

Information about PDF may be found on the CM/ECF website.

S. “Notice of CM/ECF Unavailability” refers to a Public Notice from the

Clerk regarding scheduled maintenance or other issues that make the CM/ECF

system unavailable to the CM/ECF Users. Such Notices are placed on the CM/ECF

website.

T. “Courtesy Paper Copy” refers to an exact duplicate of an electronically

filed document submitted in paper format, together with an attached NEF.

U. “Traditional Filing” refers to the filing of a document in paper format.

V. “Traditional Service” refers to service other than electronic service as

authorized by the Federal Rules of Civil and Criminal Procedure.

III. Maintenance of Personal Contact Information.

A. Obligation to Maintain Personal Contact Information. CM/ECF

Users are required to maintain and update their personal contact account

information, including name, law firm or agency, firm address, telephone number,

facsimile number, and e-mail address(es) in the CM/ECF system.

B. Obligation to Notify Court of Change of Personal Contact

Information. In accordance with Local Rule 83-2.7, attorneys must notify the

Clerk within five (5) days of any change in their name, law firm or agency, firm

10
General Order No. 08-02
address, telephone number, facsimile number or e-mail address. In any pending

action in which an attorney has not consented to electronic service, that attorney

shall file and serve a copy of the notice upon all parties.

C. Obligation to Maintain Electronic Post Office Box. CM/ECF Users

who have consented to electronic service shall be responsible for ensuring their

electronic post office boxes are adequate to handle all documents that will be sent

electronically by making certain that: (1) their e-mail service provider does not limit

the size of attachments, and (2) the court’s NEF transmissions are not blocked.

IV. Electronic Filing.

A. Generally. In all cases subject to electronic filing, all documents

required to be filed with the Clerk shall be filed electronically in the CM/ECF

system.

B. Authorizing Use of Login and Password by Others to

Electronically File Documents. A CM/ECF User may authorize another person to

file a document using his or her login and password. However, the CM/ECF User

shall be responsible for any document so filed. If, at any time, a CM/ECF User

believes that the security of his or her password has been compromised, the

CM/ECF User shall immediately notify the court’s CM/ECF Help Desk by e-mail

or telephone as posted on the CM/ECF website.

11
General Order No. 08-02
C. Format. Documents filed electronically must be submitted in PDF

format to permit text searches and to facilitate transmission and retrieval. Before

any documents are electronically filed, the CM/ECF User shall convert the

documents to PDF format. Electronically filed documents may not be scanned,

except as provided in this General Order.

D. Courtesy Paper Copies. Unless otherwise ordered by the assigned

judge, courtesy paper copies of all electronically filed documents must be delivered

to the chambers of the assigned judge no later than 12:00 noon the following

business day. The courtesy paper copies must comply with Local Rule 11-3, i.e.,

blue backed, font size, page numbering, tabbed exhibits, etc., or as otherwise

directed by the assigned judge. The courtesy paper copy must be prominently

labeled COURTESY COPY on the face page. The courtesy copy must include the

NEF as the last page of the document. The court’s CM/ECF website contains

additional instructions by judges for delivery of courtesy copies.

E. Obligation to Protect Sensitive and Private Information. The

parties shall refrain from including, and/or shall redact where inclusion is necessary,

the following personal data identifiers from all documents filed with the Clerk.

1. Social Security Numbers: If an individual’s Social Security

Number must be included in a document, only the last four digits

12
General Order No. 08-02
of that number should be used.

2. Taxpayer Identification Numbers: If a taxpayer identification

number must be included in a document, only the last four digits

of that number should be used.

3. Names of Minor Children: If the involvement of a minor child

must be mentioned, only the initials of that child should be used.

4. Dates of Birth: If an individual’s date of birth must be included

in a document, only the year should be used.

5. Financial Account Numbers: If financial account numbers are

relevant, identify the name or type of account and the financial

institution where maintained, and only indicate the last four

digits of the account number.

6. Home Address: If a home address must be included, only the

city and state should be used.

7. Additional Information: For good cause, the assigned judge

may require redaction of additional information.

F. Exemptions From the Redaction Requirement. The redaction

requirement shall not apply to the following:

1. A financial account number that identifies the property

13
General Order No. 08-02
allegedly subject to forfeiture in a forfeiture proceeding.

2. The record of an administrative or agency proceeding.

3. The official record of a state court proceeding.

4. The record of a court or tribunal, if that record was not subject to

the redaction requirement when originally filed.

5. A pro se filing in an action brought under 28 U.S.C. §§ 2241,

2254 or 2255.

G. Filing Documents With Sensitive and Private Information. An

attorney who files a document referring to personal data identifiers as listed in

Section E above shall: (1) file a redacted version of the document excluding the

personal data identifiers; or (2) file a redacted version of the document with unique

identifiers (e.g., 1, 2, 3 or A, B, C) used in place of the personal data identifiers,

along with a reference list, filed under seal, indicating the complete personal data

identifiers and unique identifiers used in their place.

Attorneys shall carefully examine the documents, exhibits or attachments to

be electronically filed in order to protect the clients’ sensitive and private

information. The responsibility for redacting or placing under seal these personal

data identifiers rests solely with counsel. The Clerk will not review any pleadings

or documents for compliance with this Section of this General Order.

14
General Order No. 08-02
Counsel are cautioned that failure to redact or place under seal these personal

data identifiers may subject them to the full disciplinary power of the court. If a

redacted version of the document is filed, counsel shall maintain the unredacted

document in their office pending further order of the assigned judge or resolution of

the action (including the appeal, if any) and shall, at the request of opposing counsel

or parties, provide a copy of the complete document.

H. Waiver of Protection of Personal Data Identifiers. A party waives

his or her right to the protection of Sections IV.E and G by filing documents that

include his or her own personal data identifiers without redaction.

I. Hyperlinks. Documents filed electronically may only contain

hyperlinks to sections of the same document. Hyperlinks to other documents,

websites, source documents, or citations are not permitted.

J. Deadlines. Filing documents electronically does not alter any filing

deadlines. Unless otherwise ordered by the assigned judge, all electronic

transmissions of documents must be completed (i.e., received completely by the

Clerk’s Office) prior to midnight Pacific Standard Time or Pacific Daylight Time,

whichever is in effect at the time, in order to be considered timely filed on that day.

Where a specific time of day deadline is set by court order or stipulation, the

electronic filing shall be completed by that time.

15
General Order No. 08-02
K. Notice of Discrepancies For Electronically Filed Documents. The

Clerk’s Office may notify CM/ECF Users of discrepancies found in electronically

filed documents by a discrepancy notice. In response to this notice, the assigned

judge may order: (1) an amended or corrected document to be filed, (2) the

document stricken, or (3) other action as the assigned judge deems appropriate.

L. Correcting Errors in E-Filed Documents. After a document is

electronically filed, only the Clerk’s Office can make any necessary corrections. If

an error is discovered, the CM/ECF User should notify the CM/ECF Help Desk of

the error by e-mail or telephone as posted on the CM/ECF website. The Clerk’s

Office will notify the filing party if the document needs to be refiled.

M. Technical Failures. If a CM/ECF User is unable to electronically

file a document, the CM/ECF User must immediately contact the CM/ECF Help

Desk by e-mail or telephone as posted on the CM/ECF website if a “Notice of

CM/ECF Unavailability” has not been posted on the CM/ECF website. The

CM/ECF User shall then attempt to file the document electronically at least two

times, separated by at least one hour. If, after at least two attempts, the CM/ECF

User cannot electronically file the document, the document will be accepted for

traditional filing that same day, if time permits, or it will be accepted for electronic

filing the next business day. Such delayed filing shall be accompanied by a

16
General Order No. 08-02
declaration or affidavit setting forth the facts of the CM/ECF User’s failed attempts

to file electronically. A history of technical failures lasting longer than one hour

will be posted on the CM/ECF website.

N. Docket. Except as otherwise provided in this General Order, the

acceptance by the Clerk of a document electronically filed shall constitute entry of

that pleading or other paper on the docket maintained by the Clerk under Federal

Rules of Civil Procedure 58, 77 and 79 and Federal Rules of Criminal Procedure

55.

O. Certification of Electronic Documents. Pursuant to Federal Rules of

Civil Procedure 44(a)(1) and 44(c), the method of electronic certification described

herein is deemed proof of an official court record maintained by the Clerk of Court.

The NEF contains the date of electronic distribution and identification of the United

States District Court for the Central District of California as the sender. An

encrypted verification code appears in the electronic document stamp section of the

NEF. The electronic document stamp shall be used for the purpose of confirming

the authenticity of the transmission and associated document(s) with the Clerk of

Court, as necessary. When a document has been electronically filed into CM/ECF,

the official record is the electronic recording of the document kept in the custody of

the Clerk of Court. The NEF provides certification that the associated document(s)

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General Order No. 08-02
is a true and correct copy of the original filed with the court.

V. Exclusions From Electronic Filing.

A. Generally. CM/ECF Users otherwise participating in the CM/ECF

system may be excused from filing a particular document or component

electronically if it is not available in electronic format and it is not possible for the

CM/ECF User to convert it to PDF format by scanning or if the document or

component is being filed under seal. Such document or component shall not be

filed electronically, but instead shall be traditionally filed, in duplicate, with the

Clerk and served upon the parties in accordance with the applicable Federal Rules

of Civil and Criminal Procedure. Attorneys traditionally filing a document or

component under this provision shall first file electronically a Notice of Manual

Filing setting forth the reason(s) why the document or component cannot be filed

electronically.

B. Pro Se Litigants. Documents filed by pro se litigants will continue to

be filed and served in the traditional manner and will be scanned by the Clerk’s

Office into the CM/ECF system.

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General Order No. 08-02
C. Case Initiating Documents.

1. Civil Case Initiating Documents. Complaints (such as

third-party complaints, amended complaints, complaints in intervention,

counterclaims and cross-claims) and other civil case initiating documents shall be

filed, in duplicate, fees paid, and summons issued and served in the traditional

manner rather than electronically. Documents filed simultaneously with civil

initiating documents that request emergency relief shall also be filed in the

traditional manner. All traditionally filed civil case initiating documents and

simultaneously filed emergency relief documents shall be submitted in electronic

form (PDF format only) by close of business the following business day.

Submission of these documents must be made by e-mail to the intake e-mail box for

the appropriate court division (the division to which the case is assigned). The

intake e-mail box address for each division is indicated on the court’s CM/ECF

website. Attorneys who fail to timely e-mail PDF copies of these documents shall

be subject to such sanctions as may be imposed by the court.

2. Criminal Case Initiating Documents. Complaints,

indictments, informations, and other initiating documents in criminal cases shall be

filed in the traditional manner rather than electronically. All traditionally filed

documents shall be submitted to the appropriate court division (the division to

19
General Order No. 08-02
which the case is assigned).

D. Under Seal Documents. Applications and Orders to Seal, along with

the document to be placed under seal, shall NOT be electronically filed but shall be

filed traditionally in the manner prescribed by Local Rule 79-5. Attorneys

traditionally filing a document under this provision shall first file electronically a

Notice of Manual Filing.

E. Records for Bankruptcy Appeals and Administrative Review

Cases. In Bankruptcy appeals, habeas corpus proceedings, and administrative

review cases such as Social Security appeals, ERISA and IDEA cases, the record

shall not be submitted electronically but shall be submitted in the traditional

manner. A Notice of Manual Filing or Notice of Filing or Lodging Administrative

Record shall first be electronically filed.

F. Voluminous Exhibits. Exhibits for which the electronic original is

not available to the CM/ECF User and must therefore be scanned to PDF should be

filed electronically only when the size of the document does not exceed the limit

specified on the CM/ECF website. Attorneys traditionally filing exhibits because

they are too large to scan shall first file electronically a Notice of Manual Filing.

G. Criminal Duty Matters. The following documents filed in criminal

duty matters, before a case is assigned to a district judge, shall be filed in the

20
General Order No. 08-02
traditional manner:

• Applications for Pen Registers, Search Warrants, Seizure

Warrants, Arrest Warrants, Wire Taps, Cell Site Information,

Tracking Services, and other such precharging documents.

• Bond Related Documents.

• Under Seal and In-Camera Documents.

VI. Proposed Orders, Proposed Judgments, or Other Proposed Documents

That Require a Judge’s Signature.

A. Electronically Filed Proposed Documents. When a proposed

order or other proposed document accompanies a filing, the proposed order or other

proposed document shall be in PDF format and included, as an attachment, to the

main electronically filed document (e.g., stipulations, applications, motions).

Proposed orders or other proposed documents that are not filed with a main

document, such as a proposed judgment or proposed findings of fact, shall be

electronically filed as an attachment to a Notice of Lodging and shall be linked to

the order or minute order directing the preparation of the proposed document.

B. WordPerfect or Microsoft Word Copy of Proposed Documents.

After the documents have been electronically filed, a WordPerfect or Microsoft

Word copy of the proposed document, along with a copy of the PDF electronically

21
General Order No. 08-02
filed main document, shall be e-mailed to the assigned judge’s generic chambers e-

mail address listed in the CM/ECF system. The subject line of the e-mail shall be in

the following format: court’s divisional office, year, case type, case number,

document control number assigned to the main document at the time of filing,

judge’s initials and filer (party) name.

For criminal cases, the defendant’s last name and first initial of first name

shall be included as the filer (e.g., for Los Angeles, LA08CR00123-6-ABC-Doe J;

for Santa Ana, SA08CR00124-8-DEF-Smith A; for Riverside, ED08CR00125-10-

GHI-Jones B).

For civil cases, the party’s name shall be included as the filer (e.g., for Los

Angeles, LA08CV00123-6-ABC-Corp. A; for Santa Ana, SA08CV00124-8-DEF-

Corp. B); for Riverside, ED08CV00125-10-GHI-Corp. C).

VII. Service of Electronically Filed Documents.

A. Generally. Upon the electronic filing of a document, a NEF is

automatically generated by the CM/ECF system and sent by e-mail to all attorneys

in the case who are registered CM/ECF Users and have consented to electronic

service. Service of an electronically filed document upon a CM/ECF User who has

consented to electronic service is deemed complete upon the transmission of the

NEF.

22
General Order No. 08-02
For pro se litigants, attorneys who are not a CM/ECF user and CM/ECF

Users who have not consented to electronic service, traditional service is deemed

complete in accordance with the Federal Rules of Civil and Criminal Procedure.

B. Service of the Court’s Orders or Other Court Generated

Documents. Orders or other documents generated by the court will be served

electronically unless: (1) an attorney is not a registered CM/ECF User, (2) an

attorney is a CM/ECF User but has not consented to electronic service, or (3) a

party is appearing pro se. If any of these situations exist, traditional service will be

made by the court on that party(s) only.

VIII. Signatures.

An electronically filed document shall be deemed to be signed by the person

(the “Signatory”) when the document identifies the person as a Signatory and the

filing complies with either subparagraph (A) or (B) of this Section. Any filing in

accordance with any of these methods shall bind the Signatory as if the document

was physically signed and filed, and shall function as the Signatory’s signature,

whether for purposes of Rule 11 of the Federal Rules of Civil Procedure, to attest to

the truthfulness of an affidavit or declaration, or for any other purpose.

A. CM/ECF Users. In the case of a Signatory who is a CM/ECF

User, such document shall be deemed signed, regardless of the existence of a

23
General Order No. 08-02
physical signature on the document, provided that such document is filed using the

Login and Password of the Signatory.

B. Documents Requiring Multiple CM/ECF User Signatures. In the

case of documents requiring multiple signatures, such as stipulations, the CM/ECF

User shall scan the signed document in PDF format and electronically file the

document. The CM/ECF User shall maintain the original, signed documents, for

subsequent production to the assigned judge if so ordered for inspection upon

request by a party or the judge’s own motion, until one year after final resolution of

the action (including the appeal, if any). The CM/ECF User may attach a scanned

image of the signature page(s) of the document being electronically filed in lieu of

maintaining the paper record for subsequent production if required.

C. Documents Requiring Signatures Other Than CM/ECF Users. In

the case of documents requiring signatures other than the attorneys of record, the

CM/ECF User shall scan the document in PDF format and electronically file the

document. The CM/ECF User shall maintain the original, signed document, for

subsequent production to the assigned judge if so ordered for inspection upon

request by a party or the judge’s own motion, until one year after final resolution of

the action (including the appeal, if any).

24
General Order No. 08-02
IX. Limitations on Remote Access to Social Security Appeals and

Immigration Cases.

In an action for benefits under the Social Security Act, and in an action or

proceeding relating to an order of removal, to relief from removal, or to

immigration benefits or detention, access to the entire electronic file is authorized to

the parties and their attorneys.

Any other person may have electronic access to the full record at the

courthouse, but may have remote electronic access only to the docket maintained by

the Clerk; and an opinion, order, judgment, or other disposition of the assigned

judge, but not any other part of the case file or the administrative record.

X. Access to Rules.

This General Order, as well as operational guidelines and instructions, shall

be posted on the CM/ECF website and may be published in official legal

newspapers in this district. Any amendments to CM/ECF procedures shall be

similarly published.

Amendments to this order may be entered from time to time in keeping with

the needs of the court.

Dated: February 7, 2008

25
UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

In the Matter of: )


)
SERVICE OF ELECTRONICALLY ) GENERAL ORDER NO. 08-03
FILED DOCUMENTS )
)

IT IS HEREBY ORDERED that new Local Civil Rule 5-3.3 shall be as

follows:

L.R. 5-3.3 Service of Electronically Filed Documents. Upon the

electronic filing of a document, a Notice of Electronic Filing (NEF) is

automatically generated by the CM/ECF system and sent by e-mail to all attorneys

in the case who are registered as CM/ECF Users and have consented to electronic

service. Service by this electronic NEF constitutes service pursuant to the Federal

Rules of Civil and Criminal Procedure for all attorneys who have consented to

electronic service. Attorneys not registered for the CM/ECF system or who did not

1
General Order No. 08-03

consent to electronic service must be served as otherwise provided by the Federal

Rules. Documents excluded from electronic filing (refer to General Order 08-02)

must be served using traditional means of service in the manner prescribed for such

service in the Federal Rules.

Orders or other documents electronically filed by the Court will be served on

attorneys only by the e-mail NEF unless an attorney is not a registered CM/ECF

User or has not consented to electronic service.

Dated: February 7, 2008

2
UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

In the Matter of: ) GENERAL ORDER NO. 08-04


)
CJA INTERIM AND FINAL )
VOUCHER SUBMISSIONS )
)

WHEREAS, pursuant to the Criminal Justice Act (“CJA”), the Court is

intent on continuing to provide qualified counsel to represent indigent criminal

defendants who cannot afford to retain their own counsel; and

WHEREAS, the longstanding budgetary pressures facing the judiciary have

intensified the need to assure that all available CJA funds are administered

prudently;

IT IS HEREBY ORDERED that:

A. SUBMISSION OF VOUCHERS IN STATUTORY MAXIMUM


COMPENSATION AND CAPITAL CASES

The following procedures shall apply to the submission of monthly interim

vouchers on those cases in which the “Statutory CJA Case Compensation

Maximum” has been met or exceeded and on capital cases. The “Statutory CJA

1
General Order No. 08-04

Case Compensation Maximum” is a monetary figure used to identify those

relatively “large” cases requiring Ninth Circuit approval for payments to CJA

attorneys. The figure is established and updated from time to time in the

Guidelines for the Administration of the Criminal Justice Act (“Guidelines”). The

CJA Supervising Attorney shall have the power and the duty to notify CJA

appointed counsel that a case on which they have been appointed is subject to this

provision.

1. CJA appointed counsel shall submit interim vouchers on a monthly

basis not later than the fifteenth (15th) day of each month for services rendered in

the preceding month. This requirement shall not apply, however, if the amount

sought would not exceed $500.00 for that month.

2. (a) No payment shall be approved on a voucher submitted for

services rendered in a period or periods prior to the preceding three months, unless

the CJA attorney establishes good cause for the delayed submission of the voucher.

Good cause may not be established merely by demonstrating that the attorney was

preoccupied with pressing professional demands and requirements.

(b) The foregoing subparagraph does not apply to any voucher

submitted four or more months after the applicable services if the amount for such

voucher is $500.00 or less.

2
General Order No. 08-04

3. For completed cases and cases on which the services of the CJA

attorney have been concluded for any reason, the CJA Attorney shall submit a final

voucher seeking compensation not later than forty-five (45) days after the attorney

ceased representation. Unless the final voucher is submitted within that period,

payment will not be approved unless the attorney establishes good cause for the

delayed submission. Good cause may not be established merely by demonstrating

that the attorney was preoccupied with pressing professional demands and

requirements.

4. If, after determining that good cause has been established, the CJA

Supervising Attorney for the Indigent Defense Panel authorizes the payment of a

voucher falling within paragraphs two or three herein above, the CJA Supervising

Attorney shall provide written notice to the Chair of the CJA Committee, with a

description of what constituted “good cause.”

5. The foregoing provisions apply only to services rendered on or after

April 1, 2008.

B. SUBMISSION OF VOUCHERS IN OTHER CASES

1. On non-capital cases and cases not subject to the “Statutory CJA Case

Compensation Maximum,” CJA counsel nevertheless may (but are not required to)

submit monthly interim vouchers, so long as the total amount of compensation and

3
General Order No. 08-04

reimbursable expenses sought by any given voucher is greater than $500.00 for that

month.

2. For completed cases and cases on which the services of the CJA

attorney have been concluded for any reason, the CJA Attorney shall submit a final

voucher seeking compensation not later than forty-five (45) days after the attorney

ceased representation. Unless the final voucher is submitted within that period,

payment will not be approved unless the attorney establishes good cause for the

delay in submission. Good cause may not be established merely by demonstrating

that the attorney was preoccupied with pressing professional demands and

requirements.

3. If, after determining that good cause has been established, the CJA

Supervising Attorney for the Indigent Defense Panel authorizes the payment of a

voucher falling within paragraphs two herein above, the CJA Supervising Attorney

shall provide written notice to the Chair of the CJA Committee, with a description

of what constituted “good cause.”

4. The foregoing provisions apply only to services rendered on or after

April 1, 2008.

4
General Order No. 08-04

C. SUBMISSION OF VOUCHERS BY NON-ATTORNEY CJA SERVICE


PROVIDERS

The following procedures apply to individuals or firms, other than attorneys,

who have been authorized to perform services on behalf of an indigent defendant.

1. CJA service providers may, but are not required to, submit monthly

interim vouchers on any case so long as the total compensation sought for any given

month is $500.00 or more.

2. For completed cases and cases on which the services of the CJA

service provider have been concluded for any reason, the CJA service provider shall

submit a final voucher seeking compensation not later than forty-five (45) days

after the services have been provided. Unless the final voucher is submitted within

that period, payment will not be approved unless the service provider establishes

good cause for the delay in submission. Good cause may not be established merely

by demonstrating that the service provider was preoccupied with pressing

professional demands and requirements.

3. If, after determining that good cause has been established, the CJA

Supervising Attorney for the Indigent Defense Panel authorizes the payment of a

voucher falling within paragraph two herein above, the CJA Supervising Attorney

shall provide written notice to the Chair of the CJA Committee, with a description

5
General Order No. 08-04

of what constituted “good cause.”

4. The foregoing provisions apply only to services rendered on or after

April 1, 2008.

D. SUMMARY TRANSMITTAL SHEETS

1. If CJA appointed counsel submit monthly interim vouchers for two or

more different cases in any given month, the attorney shall transmit those vouchers

with a cover sheet or letter containing the following information:

a. An identification of each case, including the case title and

docket number;

b. The total number of hours billed and the corresponding dollar

amount claimed during the billing period for each case;

c. The total number of hours billed and the corresponding dollar

amount claimed during each billing period for all the cases

subject to that billing.

Failure to include this information on the document transmitting the various

vouchers will result in the vouchers being returned unpaid.

2. This provision applies only to services rendered on or after April 1,

2008.

3. A sample transmittal letter is attached hereto.

6
General Order No. 08-04

E. BUDGETING

The CJA Supervising Attorney hereby is granted the authority to initiate and

approve case budgeting under Section 2.22.B(4) of the Guidelines.

Dated: March 24, 2008

7
General Order No. 08-04

SAMPLE TRANSMITTAL LETTER

Law Offices of John Smith

May 12, 2008

CJA Supervising Attorney


United States Court House
312 North Spring Street
Room 810
Los Angeles, California 90012

Dear Sir:

I enclose herewith separate vouchers for the services I rendered on the cases listed on the
attached chart. The total amount for which I seek payment is $9,000.00 and represents 80 hours
of work.

Thank you.

Very truly yours,

John Smith

8
General Order No. 08-04

CASE CURRENT HOURS FEES THIS COSTS AMOUNT TOTAL TOTAL


BILLING THIS BILLING THIS THIS HOURS* AMOUNT
PERIOD BILLING PERIOD BILLING BILLING BILLED*
PERIOD PERIOD PERIOD
1. U.S.A. v. Brown 2/5/08 - 4/30/08 35 3,500.00 500.00 4,000.00 35 4,000.00
CR 07-100-ABC

2. U.S.A. v. Redd 4/1/08 - 4/30/08 27 2,700.00 300.00 3,000.00 48 5,300.63


CR 07-200-EFG
3. U.S.A. v. White 4/1/08 - 4/30/08 18 1,800.00 200.00 2,000.00 120 14,423.25
CR 06-300-XYZ
*Totals apply to all services rendered on or after April 1, 2008.

9
UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

ASSIGNMENT OF CASES ) GENERAL ORDER NO. 08-05


)
AND ) (SUPERSEDES GENERAL ORDER
) NO. 08-01)
DUTIES TO JUDGES )
)

This General Order shall supersede General Order No. 08-01.

The assignment of cases and duties to the judges of this Court shall be governed

as follows:

1.0 CIVIL CASES

All cases of a civil nature shall be assigned to the individual calendars of

the active and senior district judges of this Court pursuant to this General Order.

1.1 FILING AND NUMBERING

All cases of a civil nature shall be numbered consecutively, within

each division, upon the filing of the first document in each such case. Numbering shall

include the calendar year and consecutive number within that year, e.g., 08-0001, etc., 09-

0001.

1
General Order No. 08-05

1.2 RANDOM ASSIGNMENT OF CIVIL CASES

The assignment of civil cases shall be completely at random through

the Automated Case Assignment System (ACAS). The assignments shall be such that

each active judge of the Court, over a period of time, shall be assigned an equal number

of cases.

1.2.1 PREPARATION OF ASSIGNMENT CARDS

After the close of business at the end of each calendar month,

a sufficient number of electronic cards shall be added for each judge receiving civil case

assignments to satisfy the requirements of the next month's business.

1.2.2 PRESERVATION OF ASSIGNMENT RECORDS

Records pertaining to all case assignments shall be preserved

for two years after the end of the calendar year in which the assignments were made.

1.3 ASSIGNMENT TO A PARTICULAR JUDGE

The Clerk shall, after filing and numbering the case through the

ACAS, randomly obtain the name of the judge to whom the case is to be assigned.

1.4 SENIOR JUDGES

1.4.1 RETURNING CASES PREVIOUSLY ASSIGNED TO THE

ASSIGNMENT WHEEL UPON TAKING SENIOR STATUS

When an active judge elects to take senior status pursuant to

28 U.S.C. § 371 et seq., it would be highly preferable, and the desire of the Court, that

2
General Order No. 08-05

the judge retain responsibility for the judge’s entire civil (and criminal) existing

caseloads, until those cases have been resolved or concluded.

1.4.2 RETURNING NEWLY ASSIGNED CIVIL CASES FOR

REASSIGNMENT

A senior judge may return any newly filed civil case to the

ACAS for reassignment within 30 days of receiving the initial assignment.

1.5 NOTICES OF REMOVAL

Cases removed pursuant to 28 U.S.C. § 1441 shall be assigned to the

division embracing the place where such action is pending and shall be assigned from

separate civil assignment wheels in each Division.

2.0 HABEAS, SOCIAL SECURITY AND PRO SE CIVIL RIGHTS CASES

2.1 INDIVIDUAL ASSIGNMENT OF HABEAS CASES

2.1.1 FEDERAL HABEAS PETITIONS

A motion or petition challenging a conviction or sentence

sustained or imposed in this District, whether or not the motion or petition specifically

invokes 28 U.S.C. § 2255, shall be assigned to the judge who has entered the judgment,

without additional case credit. If the judge who entered such judgment has taken senior

status and chooses not to receive the motion or petition, or has died, or is otherwise

unavailable, the matter shall be randomly assigned for case credit to a district judge under

the ACAS.

3
General Order No. 08-05

A petition for writ of habeas corpus filed pursuant to 28

U.S.C. § 2241, which does not constitute a collateral challenge of a conviction or

sentence sustained or imposed in this District, shall be randomly assigned for case credit

to a district judge under the ACAS.

2.1.2 STATE HABEAS PETITIONS

A petition for writ of habeas corpus filed pursuant to 28

U.S.C. § 2254 shall be randomly assigned for civil case credit to a district judge under

the ACAS.

2.1.3 CAPITAL HABEAS CORPUS PETITIONS

Capital habeas corpus petitions shall be assigned to district

judges in accordance with the procedures in General Order 308.

2.2 SUBSEQUENT HABEAS CORPUS PETITIONS, SOCIAL

SECURITY AND PRO SE CIVIL RIGHTS CASES

Non-capital habeas corpus petitions, social security, and/or pro se

Section 1983 and Bivens cases filed by a party who previously filed any such case shall

be directly assigned to the district judge to whom the initial case was originally assigned

for civil case credit.

3.0 TRANSFER OF CIVIL CASES BETWEEN JUDGES

3.1 VOLUNTARY TRANSFERS

The judge to whom any particular action or proceeding is assigned

4
General Order No. 08-05

will have full charge of such case until terminated except that the matter may be

transferred by order jointly signed by the transferor and transferee judges. If such a

transfer is made it shall be debited and credited against the transferor and transferee

judges, respectively, in the ACAS.

3.2 SELF-RECUSAL BY ASSIGNED JUDGE

If any judge who is assigned a case under this General Order

voluntarily recuses from the case, the case shall be returned to the Clerk for the random

assignment to another judge in accordance with this General Order. The recused judge

shall receive a debit in the ACAS.

3.2.1 SELF-RECUSAL AFTER 120 DAYS

If the self-recusal is exercised after 120 days of being assigned

the civil case, the receiving judge shall have the option, within 20 days, of transferring

a case of equal or similar weight and complexity from his or her calendar to the judge

who exercised the self-recusal. In this situation no debit or credit case adjustments shall

be made.

3.2.2 REVIEW OF RETURN TRANSFER

If the receiving judge exercises the option under Section 3.2.1

of transferring a case to the self-recusing judge, the self-recusing judge may appeal the

case selected for transfer as not being "a case of equal or similar weight and complexity"

to the Committee. The Committee shall approve or disapprove the transfer. If the

5
General Order No. 08-05

Committee disapproves the transfer, the case shall be returned to the receiving judge, who

shall select another case for transfer.

3.3 PROLONGED ILLNESS OR UNAVOIDABLE ABSENCE

In the event of prolonged illness, disability, or other unavoidable

absence of the judge to whom a civil case has been assigned, the Committee may transfer

from the calendar of such judge any case or cases deemed necessary to expedite the

business of the Court and for the prompt administration of justice. Such case or cases

shall be returned to the Clerk for reassignment in the same manner as an original case

assignment, as provided in this General Order.

3.4 UNAVOIDABLE DELAY

If the calendar of a judge cannot accommodate a reasonably timely

processing of a case, the Court, by concurrence of two-thirds of the judges (excluding the

judge whose case is being transferred), may transfer the case. The judge from whose

calendar the case is transferred shall receive a debit in the ACAS. The case shall be

returned to the Clerk for random reassignment as provided under this General Order.

4.0 MOTION TO DISQUALIFY A JUDGE

If a motion is made to disqualify a judge in any civil case, the motion shall

be referred to the Clerk for random assignment to another judge. The judge to whom the

motion is assigned shall promptly determine the motion.

If the motion is denied, that case shall proceed as originally assigned. If the

6
General Order No. 08-05

motion is granted, the case shall be returned to the Clerk for random assignment in the

same manner as an original case assignment as provided in this General Order.

4.1 MOTION TO DISQUALIFY - NO CREDIT FOR HEARING

MOTION

The judge to whom a motion to disqualify has been assigned shall

receive no case credit.

4.2 MULTIPLE MOTIONS TO DISQUALIFY

If more than one motion to disqualify the same judge is made in the

same case or in related or consolidated cases before the same judge, the assignment of all

such motions shall be to the judge who determined the initial motion to disqualify.

5.0 RELATED CASES

5.1 NOTICE OF RELATED CASES

5.1.1 NOTICES OF RELATED CIVIL CASES

It shall be the responsibility of the parties to promptly file a

Notice of Related Cases whenever a civil case previously filed and a civil case later filed:

a. arise from the same or a closely related transaction,

happening or event; or

b. call for determination of the same or substantially

related or similar questions of law and fact; or

c. for other reasons would entail substantial duplication of

7
General Order No. 08-05

labor if heard by different judges; or

d. involve the same patent, trademark or copyright, and

one of the factors identified above in a, b or c also is

present.

5.1.2 NOTICE IN CIVIL FORFEITURE ACTION WHEN

RELATED CRIMINAL CASE HAS PREVIOUSLY BEEN

FILED

It shall be the responsibility of the parties to promptly file a

Notice of Related Cases whenever a criminal case previously filed and a civil forfeiture

case later filed:

a. arise from the same or a closely related transaction,

happening, or event; or

b. call for determination of the same or substantially

related or similar questions of law and fact; or

c. involve one or more defendants from the criminal case

in common, and would entail substantial duplication of

labor if heard by different judges.

In these instances, the proposed transfer order shall be

prepared to transfer the civil forfeiture case to the judge assigned to the criminal case.

8
General Order No. 08-05

5.2 PROCESSING OF PROPOSED TRANSFER ORDER

Whenever a party files a Notice of Related Cases indicating that any

one or more of the above circumstances set forth in Section 5.1 exist, the Clerk shall

prepare a proposed transfer order to be reviewed by the judge to whom the case first filed

was assigned (the transferee judge). The Clerk shall also simultaneously provide an

informational copy of the proposed transfer order to the judge randomly assigned to the

case later filed (the transferor judge).

If the transferee judge approves the transfer, the case shall be

transferred to the calendar of the transferee judge. If the transferee judge declines the

related case transfer, the case shall proceed as originally assigned on the calendar of the

transferor judge.

If the transferor judge disagrees with the decision of the

transferee judge, the transferor judge may appeal the decision to the Committee. The

Committee shall determine whether the cases are related.

Upon a transfer, the transferee judge shall receive the credit and the

transferor judge one debit in the ACAS except as provided below.

5.3 REPORTING AND INITIAL REVIEW OF GROUPS OF RELATED

CASES

Once a judge (transferee judge) accepts ten (10) cases as related, the

Clerk of Court shall report the group of related cases to the Committee.

9
General Order No. 08-05

The Committee shall review the group of related cases to determine

which of the case assignment procedures authorized in Section 5.4 should be applied.

5.4 CASE ASSIGNMENT PROCEDURES FOR GROUPS OF

RELATED CASES

5.4.1 ASSIGNMENT TO ONE JUDGE FOR ALL PROCEEDINGS

The Committee may determine that a group of related cases

should be assigned to one judge for all proceedings. If this determination is made, the

judge assigned the first ten (10) related cases shall be designated the judge for the entire

group of related cases, including cases that may be filed in the future, unless the

Committee identifies another judge who is available to accept the entire group.

5.4.2 ASSIGNMENT TO ONE JUDGE THROUGH PRETRIAL

ONLY

The Committee may determine that a group of related cases

should be consolidated through pretrial and assigned among the active judges for trial.

If this determination is made, the judge assigned the first ten (10) related cases shall be

designated the judge for the entire group of related cases, including cases that may be

filed in the future, unless the Committee identifies another judge who is available to

accept the entire group.

After pretrial, or at a time deemed appropriate by the judge to

whom the group of related cases was assigned, that judge may refer the related cases back

10
General Order No. 08-05

to the Committee for trial assignment. The Committee shall then assign the cases for

further proceedings to the active judges in seniority order in a sequence taking into

consideration prior assignments under this Section.

The judges to whom these cases are assigned for trial shall

receive one credit in the ACAS. The judge to whom the group of related cases was

assigned through pretrial shall not receive debits in the ACAS for transferred cases.

5.4.3 ALTERNATIVE CASE ASSIGNMENT

It may be determined that a group of related cases should be

assigned in an alternative method as deemed appropriate by the Committee.

5.5 LIMITATION ON CASE CREDIT FOR RELATED CASES

Case credit for related case transfers shall be limited to fifteen (15)

except as provided by the Committee.

5.6 RESPONSIBILITY OF COMMITTEE TO CONTINUOUSLY

REVIEW GROUPS OF RELATED CASES

The Committee shall review all groups of related cases at least on a

semi-annual basis to determine if additional case credit should be provided or whether

another case assignment procedure as authorized in Section 5.4 should be applied.

6.0 IDENTICAL CASES

When a case is closed and the identical case is refiled, the complaint or

petition shall be transferred by the Committee to the originally assigned judge and no

case credit shall be given to that judge. The transferor judge shall receive one debit in the
11
General Order No. 08-05

ACAS.

7.0 MULTI-DISTRICT CASES

Cases subject to the provisions of 28 USC § 1407 and transferred pursuant

to an order of the Panel on Multi-District Litigation shall be subject to this related case

transfer provision as follows:

7.1 CASES TRANSFERRED TO A JUDGE OF THIS DISTRICT

Cases transferred by the Panel on Multi-District Litigation shall be

directly assigned to the judge designated by the Panel. The judge of this District

receiving the assignment of those cases shall be given case credit in accordance with

Section 5.5 of this General Order.

7.2 CASES TRANSFERRED FROM A JUDGE OF THIS DISTRICT

Cases transferred from any judge of this District by the Panel on

Multi-District Litigation shall be debited in the ACAS.

7.3 CASES RETURNED TO THIS DISTRICT FOR TRIAL

Cases returned to this District after processing by a Multi-District

transferee judge shall be reassigned to the calendar of the judge from whom the MDL

transfer was originally made. At the time of such assignment, the judge shall receive case

credit in the ACAS. For groups of cases in excess of fifteen (15), Section 5.4 of this

General Order shall apply.

8.0 CRIMINAL CASES

12
General Order No. 08-05

All cases of a criminal nature shall be assigned to the individual calendars

of the active and senior district judges of this Court pursuant to this General Order.

8.1 RANDOM ASSIGNMENT OF CRIMINAL CASES

The assignment of criminal cases shall be completely at random

through the ACAS. The assignments shall be in such a manner that each active judge of

the Court, over a period of time, shall be assigned an equal number of cases.

8.1.1 PREPARATION OF ASSIGNMENT CARDS

After the close of business at the end of each calendar month,

a sufficient number of electronic cards shall be added for each judge receiving criminal

case assignments to satisfy the requirements of the next month's business.

8.1.2 PRESERVATION OF ASSIGNMENT RECORDS

Records pertaining to all case assignments shall be preserved

for two years after the end of the calendar year in which the assignments were made.

8.2 SENIOR JUDGES

8.2.1 RETURNING CASES PREVIOUSLY ASSIGNED TO THE

ASSIGNMENT WHEEL UPON TAKING SENIOR STATUS

When an active judge elects to take senior status pursuant to

28 U.S.C. § 371 et seq., it would be highly preferable, and the desire of the Court, that

the judge retain responsibility for the judge’s entire criminal (and civil) existing

caseloads, until those cases have been resolved or concluded.

13
General Order No. 08-05

8.2.2 RETURNING NEWLY ASSIGNED CRIMINAL CASE FOR

REASSIGNMENT

A senior judge may return any criminal case to the ACAS for

reassignment within 10 days of receiving the initial assignment.

8.3 COMPLEX CRIMINAL CASES

8.3.1 INITIAL COMPLEX CRIMINAL CASE IDENTIFICATION

AND ASSIGNMENT

Not later than two business days prior to the time of

arraignment, the government shall file a Notice of Complex Case advising the Court if

there are eight (8) or more defendants in the initial indictment, or whether the

presentation of the evidence in its case-in-chief (including cross-examination) will exceed

twelve (12) trial days. If either of these conditions is present, the case shall be randomly

assigned to a judge from a separate Complex Criminal Assignment Wheel.

8.3.2 FAILURE BY THE GOVERNMENT TO IDENTIFY A

COMPLEX CRIMINAL CASE

If it comes to the attention of the assigned judge within thirty

(30) days of the initial assignment that the government failed to properly identify a

complex criminal case as required in Section 8.3.1, the judge may request the Committee

to make a case credit adjustment in the Complex Criminal Assignment Wheel.

8.3.3 SUBSEQUENT IDENTIFICATION AS A COMPLEX

14
General Order No. 08-05

CRIMINAL CASE AND ASSIGNMENT

8.3.3.1 RESPONSIBILITY OF THE GOVERNMENT

Upon the filing of a superseding indictment, the

government shall also file a Notice of Complex Case advising the Court if the number of

defendants or the time estimate for the presentation of the evidence in its case-in-chief

has changed.

8.3.3.2 ADDITIONAL CASE CREDIT IF CASE

BECOMES COMPLEX

Once a criminal case is assigned, it shall remain

with the originally assigned judge and will not be reassigned from the Complex Criminal

Assignment Wheel if superseding indictments are filed that make the case complex in

accordance with Section 8.3.1. However, superseding indictments that increase the

number of defendants and/or the trial estimate for the government’s presentation of the

evidence in its case-in-chief shall entitle the assigned judge to additional case credit in

the Non-Complex Criminal Assignment Wheel as outlined below:

15
General Order No. 08-05

Number of
Defendants in Revised
Superseding Government Additional
Indictment Time Estimate Case Credit

8 - 12 Less than 12 1
8 - 12 12 or More 2

13 - 16 Less than 12 2
13 - 16 12 or More 3

17 - 20 Less than 12 3
17 - 20 12 or More 4

21+ Less than 12 4


21+ 12 or More 5

8.3.3.3 REQUEST FOR ADDITIONAL CASE CREDIT

At any time, a judge may bring a complex

criminal case to the Committee for consideration of additional case credit.

8.4 PROBATION OR SUPERVISED RELEASE TRANSFER-IN

CRIMINAL CASES

Upon the acceptance by the Court of a transfer to this District of

supervision of a probationer or person on supervised release pursuant to U.S.C. 18 §

3605, the matter shall be given a criminal case number and shall be randomly assigned

to a district judge for no case credit.

Subsequent transfers-in involving the same probationer or person on

supervised release shall be directly assigned, for no case credit, to the judge to whom the

first matter was assigned.

16
General Order No. 08-05

9.0 TRANSFER OF CRIMINAL CASES BETWEEN JUDGES

9.1 VOLUNTARY TRANSFER

Judges may voluntarily transfer cases among themselves in the same

manner as provided for in civil cases in Section 3.1 of this General Order.

9.2 SELF-RECUSAL BY ASSIGNED JUDGE

If any judge who is assigned a case under this General Order

voluntarily recuses from the case, the case shall be returned to the Clerk for the random

assignment to another judge in accordance with this General Order.

9.3 PROLONGED ILLNESS OR UNAVOIDABLE ABSENCE

In the event of prolonged illness, disability or other unavoidable

absence of a judge to whom a criminal case has been assigned, the Committee may

transfer from the calendar of such absent judge any case or cases.

10.0 MOTION TO DISQUALIFY A JUDGE

If a motion is made to disqualify a judge in any criminal case, the motion

shall be referred to the Clerk for random assignment to another judge. The judge to

whom the motion is assigned shall promptly determine the motion.

If the motion is denied, that case shall proceed as originally assigned. If the

motion is granted, the case shall be returned to the Clerk for random assignment in the

same manner as an original case assignment as provided in this General Order.

17
General Order No. 08-05

11.0 RELATED CRIMINAL CASES

11.1 NOTICE OF RELATED CASES

It shall be the responsibility of counsel to promptly file a Notice of

Related Cases whenever a criminal case previously filed and one or more informations

or indictments later filed:

a. arise out of the same conspiracy, common scheme, transaction,

series of transactions or events; or

b. involve one or more defendants in common, and would entail

substantial duplication of labor in pretrial, trial or sentencing

proceedings if heard by different judges.

11.2 PROCESSING OF PROPOSED TRANSFER ORDER

Whenever counsel files a Notice of Related Cases indicating that any

one or more of the above circumstances set forth in Section 11.1 exist, the Clerk shall

prepare a proposed transfer order which shall be presented to the transferee judge and

processed in the same manner as are related civil cases under Section 5.0 of this General

Order.

11.3 RELATED RULE 20s

11.3.1 RULE 20 RELATED TO PENDING CRIMINAL CASE

When an information or indictment originating in another

District is transferred to this Court pursuant to Rule 20 F.R.Cr.P. involving a defendant

18
General Order No. 08-05

proceeded against by indictment or information in the District, the Rule 20 plea shall be

directly assigned for case credit to the judge to whom the matter arising in this District

is assigned.

11.3.2 NEWLY-FILED CRIMINAL CASE RELATED TO

PENDING RULE 20

When an information or indictment is filed in the District

against a defendant who has a Rule 20 plea pending, the newly-filed criminal case shall

be directly assigned for case credit to the judge to whom the Rule 20 plea has been

assigned.

11.3.3 COMMITTEE REVIEW OF DIRECT ASSIGNMENT

If the judge disagrees with the direct assignment, the judge

may appeal the assignment to the Committee. If the Committee determines the cases are

not related, the newly-filed criminal case shall be returned to the Clerk for random

assignment in the same manner as an original case assignment as provided in this General

Order.

11.4 INDICTMENTS AND INFORMATIONS PREVIOUSLY

DISMISSED

Whenever an indictment or information has been dismissed before

trial, any new indictment or information involving the same transaction or series of

transactions and at least a majority of the same defendants shall be assigned to the judge

19
General Order No. 08-05
to whom the first indictment or information was assigned. No case credit shall be

received for the succeeding indictment or information assigned pursuant to this Section.

12.0 UNAVAILABILITY OF DEFENDANT - RETURN TO PENDING CASE

FILE

Whenever a defendant because of physical disability, mental incompetency,

fugitive status, or other reasons makes no appearance or becomes unavailable for trial

or other disposition and it is anticipated the defendant cannot be available for more than

30 days, the judge to whom the case is assigned may return the case to the Clerk's

pending criminal case file. If the defendant shall thereafter become available, the case

shall be returned to the judge to whom the case was first assigned for no case credit.

13.0 CRIMINAL DUTY JUDGE

13.1 ASSIGNMENT AND DUTIES

There shall be a criminal duty judge or judges who shall perform all

duties in connection with criminal matters not assigned to the calendars of the individual

judges.

13.2 TERM

The judges, except the Chief Judge, shall rotate the criminal duty

judge functions as provided by the order of the Chief Judge, General Order or resolution

of the Court.

20
General Order No. 08-05
13.3 ROSTER

The Chief Judge shall periodically review the criminal duty roster to

provide for integration of newly appointed judges as soon as practicable after

appointment.

14.0 BANKRUPTCY CASES AND PROCEEDINGS

14.1 INDIVIDUAL ASSIGNMENT OF BANKRUPTCY CASES AND

PROCEEDINGS

The following matters in bankruptcy cases and proceedings shall be

randomly assigned through the ACAS to the individual calendar of the judges of this

Court:

a. motions for withdrawal of reference,

b. motions for stay of orders of the bankruptcy court,

c. applications for leave to appeal an interlocutory order of a

bankruptcy judge and/or for modification of time for appeal,

d. matters heard under 28 U.S.C. § 157 (c)(1),

e. matters certified to the district court by the bankruptcy court,

f. bankruptcy contempt orders for which objections have been

filed pursuant to Bankruptcy Rule 9020 (c),

g. notices of appeals in which the district court has been

designated.

14.2 CASE CREDIT


21
General Order No. 08-05
All motions for withdrawal of reference and applications for leave to

appeal an interlocutory order from the bankruptcy court shall be determined by the

district court judge for no case credit. If the motion or application is granted, the

bankruptcy case or proceeding shall remain with the district court judge who granted the

motion or application, and case credit shall be given.

The district judge assigned any bankruptcy matter, other than a motion

for withdrawal of reference or application for leave to appeal an interlocutory order, shall

be given case credit upon filing.

14.3 RELATED BANKRUPTCY MATTERS

Related bankruptcy cases and proceedings subsequently filed in the

district court shall be directly assigned to the district judge to whom the first case was

originally assigned. Case credit for related bankruptcy cases and proceedings shall be in

accordance with Section 5.5 of this General Order.

This General Order shall be effective April 17, 2008 .

22
UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

In the Matter of ) GENERAL ORDER NO. 08-08


PLAN FOR THE COMPOSITION, )
ADMINISTRATION, AND MANAGEMENT ) (Amends section III of General
OF THE PANEL OF PRIVATE ATTORNEYS ) Order 07-06)
UNDER THE CRIMINAL JUSTICE ACT )
_____________________________________ )

IT IS HEREBY ORDERED that General Order 07-06, section III, be

amended as follows:

III. MEMBERSHIP ON PANEL

Panel attorneys appointed by the Court serve at the pleasure of the Court, as

membership is a privilege and not a proprietary right. As such, a member of the

CJA Panel may be subject to suspension or removal from the panel at any time, as

well as to other appropriate action or non-reappointment. Not later than four

months prior to the scheduled termination of a panel attorney’s term of

appointment, the Chair of the CJA Committee, or if delegated to do so by the

Chair, the CJA Supervising Attorney, shall elicit information (favorable and

unfavorable) about that attorney’s professional performance from District and

Magistrate Judges, the CJA Supervisory Attorney, the Federal Public Defender

and the members of the Selection Panel.

1
General Order No. 08-08

A. Grounds for Suspension, Removal or Non-Reappointment

1. Summary Removal from the CJA Panel

Pursuant to the Court’s responsibilities to assure compliance with the Sixth

Amendment and notwithstanding Local Rule 83-3.1.9, which applies to

suspension or disbarment from membership and the rolls of attorneys admitted to

practice in this Court, in the event that a panel attorney is suspended or disbarred

from the practice of law by any state or federal court, or is convicted of a felony or

of any misdemeanor involving moral turpitude, the Court shall summarily remove

that individual from the CJA Panel and that attorney shall not be appointed to

represent future indigent defendants. The Court shall immediately notify the panel

attorney of the action taken and the reasons therefor. The attorney’s

representation of then-existing panel clients shall be governed by section A.3 of

this General Order.

2. Other Grounds for Suspension, Removal or Non-Reappointment

Suspension, removal or non-reappointment may result if the District Court

determines that a panel attorney has failed to fulfill the obligations of panel

membership or has engaged in other conduct warranting such action. The

procedures governing such measures are set forth in section B of this General

Order. In addition to the grounds for summary removal mentioned in the

2
General Order No. 08-08

preceding paragraph, grounds for suspension, removal or non-reappointment may

include, but are not limited to, inclusion of false or misleading information in CJA

vouchers, unjustified or frequent failure to comply with the obligation to accept

appointments, failure to comply with the eligibility requirements for membership,

failure to comply with the applicable CLE requirements, violation of applicable

Rules of Professional Conduct, violation of the rulings or orders of a judicial

officer, failure to provide assistance of counsel within the standards of the Sixth

Amendment of the United States Constitution, general lack of professional

competence, and mental or emotional instability affecting professional

responsibilities.

3. Representation of Existing Clients Following Suspension, Removal

or Non-Reappointment

(a) Any panel attorney who is suspended or removed from the CJA Panel

and any panel attorney whose application for renewed membership is denied (i.e.,

the attorney applies for reappointment but is not reappointed following the

completion of his term of appointment) shall file a document entitled “Notice of

Suspension, Removal or Non-reappointment” in the pending case. The Notice

shall state that unless the assigned judge permits or orders the attorney to remain

counsel of record, the attorney will be replaced by another Panel attorney. The

3
General Order No. 08-08

panel attorney shall file the Notice within seven calendar days after the Court or

the CJA Supervising attorney notifies him or her in writing of such suspension,

removal or non-reappointment, and the attorney shall serve a copy of the Notice

on the client. The client may request the Court to allow the attorney to continue to

represent him or her, but the court has no obligation to grant such a request. If the

court receives no such request from the client within fourteen (14) days of the

panel attorney’s service of the above Notice, or if the court denies the client’s

request, a successor panel attorney will be appointed. Until the successor attorney

has been appointed, the initial attorney must continue to represent the panel client.

(b) Nothing in the preceding subsection may be deemed to preclude a

judge, acting sua sponte, from ordering that an attorney whose membership on the

panel has been terminated may nevertheless continue to represent the client,

provided the termination did not result from disciplinary proceedings or from a

failure to provide representation in the manner required by the Sixth Amendment.

4. Representation of Existing Clients upon Voluntary Withdrawal from

the Panel

Any panel attorney who voluntarily withdraws from the Panel or does not

seek reappointment following the completion of his or her term of membership

shall file a document entitled “Notice of Non-Membership on CJA Panel” stating

4
General Order No. 08-08

that he or she is not or no longer will be a member of the Panel. The attorney shall

serve this Notice on the client. The attorney will have the duty to continue

representing the client without compensation from the Court, unless the assigned

judge approves a substitution of counsel.

B. Complaints and Investigations

1. Complaints

Judicial Officers, the CJA Supervisory Attorney and the Federal Public

Defender may communicate a complaint about a panel attorney to the Chair of the

CJA Committee in writing, telephonically, via email or in person. Other persons,

including client-defendants, shall set forth any complaint in writing, and submit it

to the chairperson of the CJA Committee. The complaint should describe with

particularity the matter(s), conduct and circumstances triggering the complaint.

Documents, transcripts or other materials may be submitted in support of the

complaint. The Committee will not suspend, remove or decline to reappoint a

panel attorney from the panel in response to a complaint by a client, unless the

panel attorney was provided with a reasonable opportunity to respond to the

complaint.

2. Investigations

The CJA Committee shall determine whether, and if so in what manner, it

will investigate a complaint, according to the circumstances. Where warranted,

5
General Order No. 08-08

the panel attorney will be given a reasonable opportunity to respond to the

complaint.

3. Determinations

The CJA Committee in its discretion shall determine what, if any, action

shall be taken in response to a complaint or other notice of a panel attorney’s

failure or inability to adhere to the requirements of membership on the panel. The

decision of the Committee shall be final.

Nothing in the foregoing provisions may be deemed to limit the fact that

membership on the Panel is a privilege and not a proprietary right.

4. Re-Application and Reinstatement

Any attorney removed from the Panel or whose membership is not renewed

may file a new application with the CJA Panel Selection Committee. No such

application will be granted by the CJA Committee until at least one full calendar

year has elapsed from removal or non-reappointment.

5. Confidentiality

Except as otherwise provided above, all proceedings involving

suspension, removal or non-reappointment shall be confidential, other than the

outcome.

Dated: August 14, 2008

6
UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

DIRECT ASSIGNMENT OF )
CIVIL CASES TO ) GENERAL ORDER NO. 08-09
MAGISTRATE JUDGES )
______________________________ )

IT IS ORDERED that all full-time magistrate judges who have

completed thirty-six months of service with the Court shall be included in the pool of

judicial officers available for random selection as the assigned judge for all civil cases,

except in those cases excluded below. A full-time magistrate judge without thirty-six

months of service may volunteer to be included in the pool of judicial officers

available for random selection.

Except in the categories of cases described below, each eligible

magistrate judge shall be randomly assigned two civil cases each month, and no

district judge will be assigned to those cases, except as provided hereafter. A

magistrate judge may volunteer to be assigned more than two cases each month.

Cases Excluded. The following categories of cases are excluded from

direct assignment to magistrate judges: class actions, death penalty habeas corpus

1
General Order No. 08-09

petitions, bankruptcy appeals or bankruptcy withdrawal of reference cases, cases

referred to a magistrate judge for a Report and Recommendation under General Order

05-07 or any successor General Order, and cases in which a request for a temporary

restraining order or motion for preliminary injunction is presented when the action is

initiated.

Clerk’s Notice and Consent Form. When a case is randomly assigned to

a magistrate judge, the Clerk shall provide a Notice and Consent Form to the plaintiff

or removing party, who must serve the Notice and Consent Form on each party at the

time of service of the summons and complaint or other initial pleading. The Notice

shall instruct the parties, if they agree to a magistrate judge’s exercise of jurisdiction

over the case, to file a joint statement or separate statements of consent. A separate

statement of consent must be filed by newly-added parties, setting forth such an

election, in order for the magistrate judge to retain civil trial jurisdiction. The Notice

shall advise the parties that they are free to withhold consent without adverse

substantive consequences. The parties shall file the statement(s) of consent no later

than the time provided in the Local Rules of this court.

Magistrate Judge Serves as Judge For All Purposes. The assigned

magistrate judge initially shall be responsible for all case management and scheduling

2
General Order No. 08-09

activities and shall decide all non-dispositive pretrial and discovery matters. If all

parties consent in writing to the magistrate judge’s exercise of civil trial jurisdiction,

the case shall remain assigned to the magistrate judge for all purposes, including trial

and entry of final judgment pursuant to 28 U.S.C. § 636(c) and Federal Rule of Civil

Procedure 73. Appeal from a final judgment entered at a magistrate judge’s direction

may be taken to the court of appeals as would any other appeal from a district court

judgment.

Reassignment of Case. A case initially assigned to a magistrate judge

pursuant to this Order shall be randomly reassigned to a district judge if a party has

not consented to the exercise of jurisdiction by the magistrate judge within the time

required by the Local Rules. A magistrate judge shall be randomly assigned to the

reassigned case as the discovery judge.

If, prior to the statement(s) of consent being filed, a party files a motion

or application that the magistrate judge determines is a motion for review under L.R.

72-2.1, the motion shall be determined by the Chief District Judge or shall be

randomly assigned to a district judge for determination.

If, prior to the statement(s) of consent being filed, a party files a motion

or application that the magistrate judge concludes he or she lacks authority to rule

3
General Order No. 08-09

upon, and, in the magistrate judge’s view, the motion or application may require

immediate judicial attention, the motion or application shall be determined by the

Chief District Judge or shall be randomly assigned to a district judge for

determination.

If, prior to the statement(s) of consent being filed, a magistrate judge has

issued an order to show cause why the case should not be dismissed or remanded or

why a default judgment should not be entered, and the time for response to the Order

to Show Cause has expired, the determination of whether the case should be dismissed

or remanded or a default should be entered shall be made by the Chief District Judge

or the matter shall be randomly assigned to a district judge for resolution. If the

district judge does not dismiss or remand the case or enter judgment by default, the

case shall remain with the magistrate judge for further proceedings consistent with

this General Order and the Local Rules.

This General Order shall take effect on January 2, 2009. The program

established by this General Order shall be a pilot project, to be reviewed two years

after the effective date of this General Order.

4
UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

IN THE MATTER OF: ) GENERAL ORDER No. 08-11


)
ORDER AUTHORIZING ) (Amends General Order No. 08-02,
ELECTRONIC FILING ) sections II.T and IV.D, and Table
) of Contents)

IT IS HEREBY ORDERED that General Order 08-02, section II.T, and

section IV.D, be amended as follows:

II. Definitions.

T. “Mandatory Chambers Paper Copy” refers to an exact duplicate of an

electronically filed document submitted in paper format, together with an attached

NEF.

IV. Electronic Filing.

D. Mandatory Chambers Paper Copies. Unless otherwise ordered by

the assigned judge, mandatory chambers paper copies of all electronically filed

documents must be delivered to the chambers of the assigned judge no later than

12:00 noon the following business day. The mandatory chambers paper copies

1
General Order No. 08-11

must comply with Local Rule 11-3, i.e., blue backed, font size, page numbering,

tabbed exhibits, etc., or as otherwise directed by the assigned judge. The

mandatory chambers paper copy must be prominently labeled CHAMBERS COPY

on the face page. The mandatory chambers copy must include the NEF as the last

page of the document. The court’s CM/ECF website contains additional

instructions by judges for delivery of mandatory chambers copies.

Dated: December 8, 2008

2
UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

In the Matter of ) GENERAL ORDER NO. 09-01


)
REGISTERED LEGAL SERVICES )
ATTORNEY )
)

IT IS HEREBY ORDERED that amended Local Civil Rules 11-3.8 and

83-2.8.2 and new Local Civil Rule 83-2.3.5 shall be as follows:

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

(a) The name, California bar number (or, for a

registered legal services attorney appearing pursuant to L.R. 83-2.3.5, the bar

number and jurisdiction where the attorney is admitted to practice), office address

(or residence address if no office is maintained), and 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.

1
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,

and who has not previously filed a document that includes the information.

L.R. 83-2.8.2 Pro Hac Vice or Other Limited Appearance. Each

applicant for permission to appear pro hac vice shall fill out and present to the

Clerk an Application of Non-Resident Attorney to Appear in a Specific Case and

pay the applicable fee. Each applicant to appear as a registered legal services

attorney under L.R. 83-2.3.5 shall fill out and present to the Clerk an Application

of Registered Legal Services Attorney to Practice Before the Court.

L. R. 83-2.3.5 Registered Legal Services Attorney. Any registered

legal services attorney authorized to appear in the state courts of California

pursuant to CAL. RULES OF COURT 9.45 may practice before this Court under the

conditions set forth in that rule. In addition, the attorney supervising the registered

legal services attorney must be a member in good standing of the bar of this Court,

and must appear as one of the attorneys of record. By practicing in this Court, the

registered legal services attorney submits to the disciplinary authority of the

2
Central District of California concerning attorneys admitted to practice in this

Court.

This General Order shall take effect on April 1, 2009.

Dated: March 3, 2009

3
1
2
UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

In the Matter of ) GENERAL ORDER NO. 10-04


)
THE ADOPTION OF NEW AND )
REVISED LOCAL RULES )
)

The Court has adopted the attached new and revised Local Rules, Rules for

Admiralty and Maritime Claims, and Local Criminal Rules, effective

January 1, 2010. These rules shall govern in all proceedings in civil, admiralty,

and criminal cases thereafter commenced and, insofar as just and practicable, all

proceedings then pending.

Dated: February 25, 2010


General Order 10-04

LOCAL RULES

5-1 Lodging Documents. “Lodge” means to deliver to the Clerk a document


which is tendered to the Court but is not approved for filing, such as depositions,
exhibits, or a proposed form of order. Unless otherwise specified or unless a
document is excluded from electronic filing, all lodged documents shall be submitted
electronically, in the same manner as documents which are electronically filed.

5-3.3 Service of Electronically Filed Documents. Upon the electronic filing


of a document, a Notice of Electronic Filing (NEF) is automatically generated by the
CM/ECF system and sent by e-mail to all attorneys in the case who are registered as
CM/ECF Users and have consented to electronic service. Service by this electronic
NEF constitutes service pursuant to the Federal Rules of Civil and Criminal
Procedure for all attorneys who have consented to electronic service. Attorneys not
registered for the CM/ECF system or who did not consent to electronic service must
be served as otherwise provided by the Federal Rules. Documents excluded from
electronic filing (refer to General Order 08-02 or any successor General Order) must
be served using traditional means of service in the manner prescribed for such service
in the Federal Rules.
Orders or other documents electronically filed by the Court will be
served on attorneys only by the e-mail NEF unless an attorney is not a registered
CM/ECF user or has not consented to electronic service.

5-4 Service and Filing of Pleadings and Other Papers - Electronic Case
Filings. In those categories designated by General Order 08-02 or any successor
General Order, the Clerk will accept in certain actions documents filed, signed or
verified by electronic means. A document filed by electronic means in compliance
with this Local Rule constitutes a written document for the purposes of applying these
Local Rules and the Federal Rules of Civil Procedure.

6-1 Notice and Service of Motion. Unless otherwise provided by rule or order
of the Court, no oral motions will be recognized and every motion shall be presented
by written notice of motion. The notice of motion shall be filed with the Clerk not
later than twenty-eight (28) days before the date set for hearing, and shall be served
on each of the parties electronically or, if excepted from electronic filing, either by
deposit in the mail or by personal service. If mailed, the notice of motion shall be
served not later than thirty-one (31) days before the Motion Day designated in the
notice. If served personally, or electronically, the notice of motion shall be served not
later than twenty-eight (28) days before the Motion Day designated in the notice. The

1
General Order 10-04

Court may order a shorter time. All motions belonging upon the Motion Day
calendar shall be placed by the Clerk upon the calendar for hearing upon the day for
which the motion is noticed.

7-1 Stipulations. Stipulations will be recognized as binding only when made


in open court, on the record at a deposition, or when filed in the proceeding. Written
stipulations affecting the progress of the case shall be filed with the Court, be
accompanied by a separate order as provided in L.R. 52-4.1, and will not be effective
until approved by the judge, except as authorized by statute or the F.R.Civ.P.

7-3 Conference of Counsel Prior to Filing of Motions. In all cases not listed
as exempt in L.R. 16-12, and except in connection with discovery motions (which are
governed by L.R. 37-1 through 37-4) and applications for temporary restraining
orders or preliminary injunctions, counsel contemplating the filing of any motion
shall first contact opposing counsel to discuss thoroughly, preferably in person, the
substance of the contemplated motion and any potential resolution. If the proposed
motion is one which under the F.R.Civ.P. must be filed within a specified period of
time (e.g., a motion to dismiss pursuant to F.R.Civ.P. 12(b), or a new trial motion
pursuant to F.R.Civ.P. 59(a)), then this conference shall take place at least five (5)
days prior to the last day for filing the motion; otherwise, the conference shall take
place at least ten (10) days prior to the filing of the motion. If the parties are unable
to reach a resolution which eliminates the necessity for a hearing, counsel for the
moving party shall include in the notice of motion a statement to the following effect:
“This motion is made following the conference of counsel pursuant to L.R. 7-3
which took place on (date).”

7-8 Presence of Declarants - Civil Cases. On motions for and orders to show
cause re preliminary injunctions, motions to be relieved from default and other
motions where an issue of fact is to be determined (e.g., civil contempt, but excluding
motions contesting venue and personal jurisdiction), not later than fourteen (14) days
prior to the hearing, a party desiring to cross-examine any declarant who is not
beyond the subpoena 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

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General Order 10-04

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.

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.

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.

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 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.

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

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General Order 10-04

Rules.

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.

11-3.5 Pre-Punching and Backing of Documents. All documents presented


for filing or lodging in paper format, and mandatory chambers copies of electronic
case filings, 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 and backed. The backing shall
extend not more than one (1) inch below the pages bound and have the short title of
the document typed in the lower right hand corner.

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.

11-4.1 In General. All documents filed in paper format, including exhibits to


documents, shall be filed with one clear, conformed and legible copy for the use of
the judge. Unless the assigned judge’s orders or written procedures otherwise
specify, a mandatory chambers copy of all electronically filed documents shall be
delivered to the assigned judge in accordance with General Order 08-02 or any
successor General Order.

11-4.2 Three-Judge Court. If the matter is one that is to be heard by a


three-judge court, three paper copies shall be provided in accordance with General
Order 08-02 or any successor General Order.

[Deleted] 11-4.3.

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General Order 10-04

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.

11-5.1 Non-Paper Physical Exhibits. Non-paper physical exhibits shall not


be attached to any document. A non-paper physical exhibit shall be placed in a
secure container identified by the case name and number, and the name, address and
telephone number of the submitting party, and lodged with a separately filed Notice
of Lodging. CM/ECF users shall first file electronically a Notice of Manual Filing
setting forth the reason(s) why the exhibit cannot be filed electronically and present
the Notice of Electronic Filing with the exhibits to be lodged.

11-5.2 Numbering. Unless compliance is impracticable, a paper exhibit shall


be scanned and electronically filed with the document to which it relates and shall be
numbered at the bottom of each page consecutively to the principal document.

11-5.4 Size of Paper. Exhibits shall not exceed 8 ½ x 11 inches in size and
should be scanned and electronically filed whenever practicable. Exhibits that are too
large to scan shall be folded in such a manner as not to exceed an 8 ½ x 11 inch sheet,
and filed as paper exhibits. CM/ECF users shall file electronically a Notice of
Manual Filing setting forth the reason(s) why the exhibit cannot be filed
electronically and present the Notice of Electronic Filing with the exhibits to be filed
or lodged.

15-1 Separate Document. Any proposed amended pleading must be


electronically filed as a document separate from a related motion or stipulation.

[NEW] 15-4 Manner of Filing. Every amended pleading shall be filed as a


paper document.

16-5 Witness List. Each party shall serve and file under separate cover, at the
same time as the Memorandum of Contentions of Fact and Law, a witness list
containing the information required by F.R.Civ.P. 26(a)(3)(A). An asterisk shall be
placed next to the names of those witnesses whom the party may call only if the need
arises. Any objections to the use under F.R.Civ.P. 32 of a deposition designated
under F.R.Civ.P. 26(a)(3)(A) shall be stated in the Final Pretrial Conference Order.

16-6.3 Objections to Exhibits. The list of objections required by F.R.Civ.P.


26(a)(3)(B) shall be included in the proposed Final Pretrial Conference Order. The

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General Order 10-04

grounds for all objections shall be stated separately as to each exhibit.

16-12 Exemptions. In the following categories of cases, the Court need not
issue a scheduling order or hold a Final Pretrial Conference under F.R.Civ.P. 16:
(a) Petitions filed under 28 U.S.C. §§ 2241 et seq., or their functional
equivalents;
(b) Actions for judicial review of a decision by the Commissioner of
Social Security under 42 U.S.C. § 405(g);
(c) Any case in which the plaintiff is appearing pro se, is in custody,
and is not an attorney;
(d) Any case removed to this Court from the small claims division of a
state court;
(e) Appeals from the bankruptcy court;
(f) Extradition cases;
(g) Actions to enforce or quash an administrative summons or
subpoena; and
(h) Actions by the United States to collect on a student loan
guaranteed by the United States.

16-15.5 Requirements for Settlement Procedures .


(b) APPEARANCE BY PARTY - Each party shall appear at the settlement
proceeding in person or by a representative with full authority to settle the case,
which in the case of lawsuits brought against the United States or any of its agencies
as a party, shall involve the attendance of an attorney charged with responsibility for
the conduct of the case and who has final settlement authority as provided by his or
her superiors. A corporation or other non-governmental entity satisfies this attendance
requirement if represented by a person (other than in-house or outside counsel) who
has final settlement authority and who is knowledgeable about the facts of the case.
At the discretion of the settlement officer, and only with the settlement officer’s
express authorization, parties residing outside the District may have a representative
with final settlement authority available by telephone during the entire proceeding,
in lieu of personal appearance.

37-1 Pre-Filing Conference of Counsel. Prior to the filing of any motion


relating to discovery pursuant to F.R.Civ.P. 26-37, counsel for the parties shall confer
in a good faith effort to eliminate the necessity for hearing the motion or to eliminate
as many of the disputes as possible. It shall be the responsibility of counsel for the
moving party to arrange for this conference. If both counsel are located within the
same county of the Central District, the conference shall take place in person at the

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General Order 10-04

office of the moving party’s counsel, unless the parties agree to meet someplace else.
If both counsel are not located within the same county of the Central District, the
conference may take place telephonically. Unless relieved by written order of the
Court upon good cause shown, counsel for the opposing party shall confer with
counsel for the moving party within ten (10) days after the moving party serves a
letter requesting such conference. The moving party’s letter shall identify each issue
and/or discovery request in dispute, shall state briefly with respect to each such
issue/request the moving party’s position (and provide any legal authority which the
moving party believes is dispositive of the dispute as to that issue/request), and
specify the terms of the discovery order to be sought.

37-2.2 Preparation of Joint Stipulation. Following the conference of


counsel, counsel for the moving party shall personally deliver, e-mail or fax to
counsel for the opposing party the moving party’s portion of the stipulation, together
with all declarations and exhibits to be offered in support of the moving party’s
position. Unless the parties agree otherwise, within seven (7) days of receipt of the
moving party’s papers, counsel for the opposing party shall personally deliver, e-mail,
or fax to counsel for the moving party the opposing party’s portion of the stipulation,
together with all declarations and exhibits to be offered in support of the opposing
party’s position. After the opposing party’s papers are added to the stipulation by the
moving party’s counsel, the stipulation shall be provided to opposing counsel, who
shall sign it (electronically or otherwise) and return it to counsel for the moving party,
no later than the end of the next business day, so that it can be filed with the notice
of motion.

41-6 Dismissal - Failure of Pro Se Plaintiff to Keep Court Apprised of


Current Address. A party proceeding pro se shall keep the Court and opposing
parties apprised of such party’s current address and telephone number, if any, and e-
mail address, if any. If mail directed by the Clerk to a pro se plaintiff’s address of
record is returned undelivered by the Postal Service, and if, within fifteen (15) days
of the service date, such plaintiff fails to notify, in writing, the Court and opposing
parties of said plaintiff’s current address, the Court may dismiss the action with or
without prejudice for want of prosecution.

49-1 Request for Special Verdict or Interrogatories. Any request for a


special verdict or a general verdict accompanied by answers to interrogatories shall
be filed and served at least seven (7) days before trial is scheduled to commence.

51-1 Requests for Instructions. Proposed instructions shall be in writing


and shall be filed and served at least seven (7) days before trial is scheduled to begin

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General Order 10-04

unless a different filing date is ordered by the Court. The parties jointly shall submit
a single set of instructions as to which they agree. In addition, each party shall submit
separately those proposed instructions as to which all parties do not agree.

52-1 Non-Jury Trial - Findings of Fact and Conclusions of Law. In any


matter tried to the Court without a jury requiring findings of fact and conclusions of
law, counsel for each party shall lodge and serve proposed findings of fact and
conclusions of law at least seven (7) days before trial.

52-2 Other Findings of Fact and Conclusions of Law. In all other cases
where findings of fact and conclusions of law are required under F.R.Civ.P. 41, 52,
and 65, the attorney directed to do so by the Court shall lodge and serve proposed
findings of fact within seven (7) days of the decision.

52-4 Orders. Each order shall be prepared by the attorney directed to do so


by the Court. The order shall comply with the requirements of L.R. 58-10. Within
five (5) days of the ruling, the attorney preparing the order shall serve it on all parties
and lodge it with the Clerk.

[NEW] 52-4.1. Separate Order. A separate order shall be electronically


filed with any stipulation, application, motion or request of the parties requiring an
order of the court. The pertinent elements requested in the stipulation shall be set
forth in the order.

52-7 Separate Objection. Opposing counsel may, within seven (7) days
after service of a copy of a document prepared pursuant to L.R. 52-2, 52-4 or 52-5,
file and serve objections to the form of the document and the grounds thereof. The
failure to file timely objections shall be deemed a waiver of any defects in the form
of the document.

[DELETED] 52-9 Order Upon Stipulation

54-4.1 Filing Fees. The Clerk’s filing fees (pro hac vice fees are not
recoverable).

54-4.6 Depositions. Costs incurred in connection with taking oral


depositions, including:
(b) The reasonable fees of the deposition reporter, including
reporter fees when a deponent fails to appear at a scheduled deposition, the notary,
and any other persons required to report or transcribe the deposition, but not

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General Order 10-04

including the costs of video or audio technicians unless otherwise ordered by the
Court;

54-4.9 Docket Fees. Docket fees as provided by 28 U.S.C. § 1923 (only


if incurred).

54-4.11 Certification, Exemplification and Reproduction of Documents.


Document preparation costs, including:
(a) The cost of copies of an exhibit attached to a document
necessarily filed and served; other than exhibits, the costs of copies of documents
filed and served is generally not taxable;
(b) The cost of copies of documents or records admitted into
evidence when the original is not available or the copy is substituted for the original
at the request of an opposing party;
(f) Fees for necessary certification or exemplification of any
document or record.

54-9 Review of Clerk’s Determination. Review of the Clerk’s taxation of


costs may be obtained by a motion to retax costs filed and served within seven (7)
days of the Clerk’s decision. That review will be limited to the record made before
the Clerk, and encompass only those items specifically identified in the motion.

54-11 Writ of Execution for Costs. The Clerk shall, upon request, issue
a writ of execution to recover attorney’s fees awarded following a judgment and any
separate award of costs by the Clerk:
(a) Upon presentation of a certified copy of the final judgment and
separate Bill of Costs (Form CV-59) and, if appropriate, a certified copy of the order
awarding attorney’s fees; or
(b) Upon presentation of a mandate of the Court of Appeals to
recover costs taxed by the appellate court.

58-2 Entry of Judgments - Costs. Entry of judgment shall not be delayed


pending taxation of costs to be included therein pursuant to L.R. 54.

65-9 Bonds or Undertakings - Surety - Judges and Attorneys. No


bankruptcy judge, magistrate judge, or district judge, and no attorney appearing in the
case, will be accepted as surety upon any bond or undertaking in any action or
proceeding in this Court.

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General Order 10-04

72-2.1 Motions for Review of Nondispositive Rulings. Any party


objecting under F.R.Civ.P. 72(a) to a Magistrate Judge’s ruling on a pretrial matter
not dispositive of a claim or defense must file a motion for review by the assigned
District Judge, designating the specific portions of the ruling objected to and stating
the grounds for the objection. Such motion shall be filed within fourteen (14) days of
an oral ruling which the Magistrate Judge indicates will not be followed by a written
ruling, or within fourteen (14) days of service of a written ruling.

73-2.4.1 Cases Originally Filed in District Court. Except as provided in


L.R. 73-2.4.1.1, a case originally filed in District Court and initially assigned only to
a magistrate judge shall be randomly reassigned to a district judge if any defendant
has not filed a statement of consent within 30 days after service of the summons and
complaint upon that defendant, if the plaintiff has not filed a statement of consent
within 30 days after service upon the first-served defendant, if any party applies for
a temporary restraining order, or if any party makes a motion that the magistrate judge
concludes cannot be decided by the magistrate judge and must be addressed before
the period for consent expires.

73-2.4.1.1 Exception for United States, its Agencies, Officers and


Employees. If the United States, an agency of the United States, or an officer or
employee of the United States is a defendant, a case originally filed in District Court
and initially assigned only to a magistrate judge shall be randomly reassigned to a
district judge if the government defendant has not filed a statement of consent within
60 days after service of the summons and complaint upon that defendant, if any party
applies for a temporary restraining order, or if any party makes a motion that the
magistrate judge concludes cannot be decided by the magistrate judge and must be
addressed before the period for consent expires.

73-2.4.2 Cases Removed from State Court. A case initially assigned only
to a magistrate judge following removal under 28 U.S.C. § 1441 et seq. shall be
randomly reassigned to a district judge if, within 11 days after the notice of removal
is filed, plaintiff(s) and all defendants upon whom service has been effected have not
filed a statement of consent, if any party applies for a temporary restraining order, or
if any party makes a motion that the magistrate judge concludes cannot be decided by
the magistrate judge and must be addressed before the period for consent expires.

83-2.2 Admission to Practice


83-2.2.1 In General. Admission to and continuing membership in the
Bar of this Court is limited to persons of good moral character who are active

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General Order 10-04

members in good standing of the State Bar of California, or Registered Legal Services
Attorneys, pursuant to California Rules of Court, Rule 9.45. If the attorney ceases to
meet these criteria, the attorney is subject to the disciplinary rules of the court, infra.

83-2.3.1 Permission to Appear Pro Hac Vice . Any person who is not
otherwise eligible for admission to practice before this Court, but who is a member in
good standing of, and eligible to practice before, the bar of any United States Court,
the District of Columbia Court of Appeals, or the highest court of any State, Territory
or Insular Possession of the United States, and who is of good moral character may,
upon written application and in the discretion of the Court, be permitted to appear and
participate pro hac vice in a particular case.

83-2.4.1 Attorney for the United States, or its Departments or


Agencies. Any person who is not eligible for admission under L.R. 83-2.2.1 or 83-2.3,
who is employed within this state and is a member in good standing of, and eligible
to practice before, the bar of any United States Court, the District of Columbia Court
of Appeals, or the highest court of any State, Territory or Insular Possession of the
United States, and is of good moral character, may be granted leave of court to
practice in this Court in any matter for which such person is employed or retained by
the United States, or its departments or agencies. The application for such permission
shall include a certification filed with the Clerk showing that the applicant has applied
to take the next succeeding Bar Examination for admission to the State Bar of
California for which that applicant is eligible. No later than one year after submitting
the foregoing application, the applicant shall submit to this Court proof of admission
to the State Bar of California. Failure to do so shall result in revocation of permission
to practice in this Court.

83-2.8.2 Pro Hac Vice Appearance. Each applicant for permission


to appear pro hac vice shall file an Application of Non-Resident Attorney to Appear
in a Specific Case and a separate proposed Order and pay the applicable fee.
Attorneys employed by the United States Department of Justice specially appointed
by the United States Attorney General to conduct any kind of legal proceeding, civil
or criminal, pursuant to 28 U.S.C. § 515(a), may appear without filing an Application
of Non-Resident Attorney to Appear in a Specific Case.

83-3 Attorney Disciplinary Rules of the Court


83-3.1 Discipline. Nothing contained in these Rules shall be
construed to deny the Court its inherent power to maintain control over the
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General Order 10-04

proceedings conducted before it or to deny the Court those powers derived from
statute, rule or procedure, or other rules of court. When alleged attorney misconduct
is brought to the attention of the Court, whether by a Judge of the Court, any lawyer
admitted to practice before the Court, any officer or employee of the Court, or
otherwise, the Court may, in its discretion, dispose of the matter through the use of its
inherent, statutory, or other powers; refer the matter to an appropriate state bar agency
for investigation and disposition; refer the matter to the Standing Committee on
Discipline; or take any other action the Court deems appropriate. These procedures
are not mutually exclusive.

83-3.1.1 The Standing Committee on Discipline. At all times the Court


will maintain a Standing Committee on Discipline (hereinafter “Committee”). The
Committee shall consist of 13 attorneys who are members of the Bar of the Court.
However, in the event of any vacancy or vacancies, the Committee may continue to
perform any of the functions herein authorized so long as there are nine members in
office.
Committee members shall be appointed by the Chief Judge with the
concurrence of the Executive Committee. The Chief Judge shall designate one
member to serve as the chair. A Committee member shall serve for a term of one to
three years but may continue in office, upon order of the Chief Judge, beyond said
three-year term until the completion of any disciplinary proceeding (which includes
the initial investigation to presentation of disciplinary recommendations to the Court)
in which the member is participating. Each committee member’s term shall commence
on January 1 of the year specified in the appointment, and appointments shall be
staggered so that each year the terms of four members, not including the Chair, shall
end. Should any Committee member not complete a three-year term, that member’s
replacement shall complete the length of term remaining. The Chair of the Committee
shall serve a term of three years as Chair, regardless of previous time served as a
Committee member.
The Chair of the Committee shall organize the Committee into four
sections of three members each. Each section shall consist of one member who has
one year remaining on his term, one member who has two years remaining on his term,
and one member who has three years remaining on his term. The Chair of the
Committee may assign any matter before the Committee to one of the sections for
initial investigation and further proceedings described in these rules. Except for the
requirement of seven affirmative votes for the imposition of discipline as specified in
Rule 83-3.1.5, the Committee may perform or decide any matter arising under these
rules by a majority vote. For any Committee meeting, a quorum of seven is required.
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General Order 10-04

The Clerk of the Court shall be advised of, and keep a current list of,
all matters referred to the Committee and each section, to assist the Court, the
Committee, and the affected attorney or complaining person, in recording the status
of each matter.

83-3.1.3 Possible Disciplinary Penalties. An order imposing


discipline under this Rule may consist of any of the following:
(a) disbarment,
(b) suspension not to exceed three years,
(c) public or private reproval,
(d) monetary penalties (which may include an order to pay
the costs of the proceedings), and/or
(e) acceptance of resignation.
In lieu of any of the foregoing disciplinary steps, the Court’s Standing
Committee on Discipline may issue an admonition as defined by California State Bar
Rules, to wit, where the offense is not serious, or not intentional, or involved
mitigating circumstances, or no significant harm resulted.
Any suspension or reproval imposed, or acceptance of resignation,
may be subject to specified conditions, which may include, but are not limited to,
continuing legal education requirements, counseling and/or supervision of practice and
periods of probation.
Any disbarment, suspension or acceptance of resignation from this
Court will result in the deactivation of the attorney’s CM/ECF login and password.
The CM/ECF login and password will be reactivated upon application of the
practitioner showing proof of an order of reinstatement.

83-3.1.4 Who May Originate Complaints - Initial and Further


Investigation - Hearing and Opportunity for Attorney Involved to Appear and
Present Evidence. A complaint that an attorney has violated any of the standards of
conduct specified in Rule 83-3.1.2, may come to the Committee from any District,
Bankruptcy or Magistrate Judge of the Court or from any other person. The complaint
shall be in writing addressed to the Committee in care of the Clerk of Court. Within
10 days of receipt, the Clerk shall serve a copy of the complaint on the Chair of the
Committee, the attorney affected and the Clerk of the Bankruptcy Court.
Within 10 days of receipt of any such complaint, the Committee chair
shall assign the matter of possible disciplinary action based on the complaint to one
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General Order 10-04

of the sections of the Committee for initial investigation and possible disciplinary
proceedings. Any attorney of the assigned section who cannot participate shall so
notify the Chair within 10 days of assignment so that a replacement can be assigned.
Within 60 days of receipt, the section to which such a complaint is
referred shall conduct and complete an initial investigation. If the section determines
that the complaint should not be the subject of further disciplinary action, and the
Committee concurs in that determination, the matter will thereupon be closed. Notice
of closing shall be promptly sent to the complainant, the attorney affected and the
Chief Judge. If the Committee determines that the complaint should be further
investigated as being one that may result in disciplinary action, the section shall
thereupon within 60 days conduct and complete such further investigation and
inquiries as it deems necessary. The section, in so doing, may take the testimony of
witnesses and may seek from the Chief Judge, or his or her designee, any subpoena
necessary for its investigation and the Clerk shall promptly issue any such requested
subpoena. The affected attorney may also apply to the Chief Judge, or his or her
designee, for any necessary subpoenas.
All final disciplinary actions will be distributed to the judicial officers
of the Court. Final disciplinary action, including the name of the attorney, will be
posted on the Court’s website when it consists of (a) disbarment; (b) suspension; (c)
public reproval; or (d) resignation with charges pending. It may be ordered posted if
the disciplinary action consists of monetary penalties.
Other final disciplinary action may be posted, without the name of the
attorney, to promote understanding of the level of practice expected in this district.
The deadlines in this paragraph may be extended by the Committee
Chair for a period of up to six months, for good cause at the request of the section or
the affected attorney. The deadlines may be extended for a longer time in consultation
with the Chief Judge.

83-3.1.6 Confidentiality of Proceedings. The record in a disciplinary


proceeding shall not be public (unless otherwise ordered by the Court) but shall
become public if and when a final order imposing discipline is entered. If the final
order imposing discipline consists of private reproval, the record shall only be made
public upon an order of the Court.

83-3.1.8 Application For Reinstatement. Any attorney who has been


suspended or disbarred under the Local Rules may make an application for
reinstatement. The application for reinstatement shall be by written motion filed in

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General Order 10-04

paper format addressed to the Committee. The Committee shall consider the
application and make a recommendation to the Chief Judge. The Chief Judge may,
with the concurrence of the Executive Committee, adopt, modify or reject the
recommendation of the Committee concerning the application. Before making its
recommendation, the Committee is not required to hear the attorney affected or his or
her counsel and is not required to hear any testimony or receive any other evidence or
briefing. Nor shall the Chief Judge or the Executive Committee be required to do so
before deciding on the application.

L.R. 83-3.2 Enforcement of Attorney Discipline


83-3.2.1 Disbarment or Suspension by Other Courts or
Conviction of a Crime. Upon receipt of reliable information that a member of the Bar
of this Court or any attorney appearing pro hac vice (1) has been suspended or
disbarred from the practice of law by the order of any United States Court, or by the
Bar, Supreme Court, or other governing authority of any State, territory or possession,
or the District of Columbia, or (2) has resigned from the Bar of any United States
Court or of any State, territory or possession, or the District of Columbia while an
investigation or proceedings for suspension or disbarment was pending, or (3) has
been convicted of a crime, other than in this Court, the elements or underlying facts
of which may affect the attorney’s fitness to practice law, this Court shall issue an
Order to Show Cause why an order of suspension or disbarment should not be
imposed by this Court.
Upon the filing of a judgment or conviction demonstrating that any
attorney admitted to practice before this Court has been convicted in this Court of any
serious crime as herein defined, the Chief Judge or his or her designee shall enter an
order immediately suspending that attorney, whether the conviction resulted from a
plea of guilty, nolo contendere, verdict after trial, or otherwise, and regardless of the
pendency of any appeal. The suspension so ordered shall remain in effect until final
disposition of the disciplinary proceedings to be commenced upon such conviction.
A copy of such order shall be immediately served upon the attorney. Upon good cause
shown, the Chief Judge or his or her designee may set aside such order when it appears
in the interest of justice to do so.
The term “serious crime” shall include any felony and any lesser crime
a necessary element of which, as determined by the statutory or common law
definition of such crime in the jurisdiction in which it was entered, involves false
swearing, misrepresentation, fraud, deceit, bribery, extortion, misappropriation, theft,
or the use of dishonesty, or an attempt, conspiracy, or solicitation of another to commit
a “serious crime.”

15
General Order 10-04

If the attorney files a response stating that imposition of an order of


suspension or disbarment from this Court is not contested, or if the attorney does not
respond to the Order to Show Cause within the time specified, then the Court shall
issue an order of suspension or disbarment. The order shall be filed by the Chief
Judge or his or her designee.

83-3.2.2 Alternatives. As an alternative to suspension or disbarment,


the Committee may consider, and the Court may accept, the attorney’s resignation, if
the attorney both:
(a) Files a written response setting forth his or her status for the
practice of law in all other jurisdictions where the attorney was or is admitted; and
(b) Tenders his or her resignation from the Bar of this
Court.
A resignation with charges pending is not effective until accepted by
the Court. An attorney will be on inactive status while the Court considers whether
to accept the resignation. The acceptance of a resignation may be subject to additional
conditions including but not limited to those under L.R. 83-3.1.3 and referral to, or
resignation from, the Bar of another jurisdiction.

83-3.2.3 Contested Matters. If the attorney files a written response


to the Order to Show Cause within the time specified stating that the entry of an order
of suspension or disbarment is contested, then the Chief Judge or other district judge
who may be assigned shall determine whether an order of suspension or disbarment
or other appropriate order shall be entered. Where an attorney has been suspended or
disbarred by another Bar, or has resigned from another Bar while disciplinary
proceedings were pending, the attorney in the response to the Order to Show Cause,
must set forth facts establishing one or more of the following: (a) the procedure in the
other jurisdiction was so lacking in notice or opportunity to be heard as to constitute
a deprivation of due process; (b) there was such an infirmity of proof establishing the
misconduct as to give rise to a clear conviction that the Court should not accept as
final the other jurisdiction’s conclusion(s) on that subject; (c) imposition of like
discipline would result in a grave injustice; or (d) other substantial reasons exist so as
to justify not accepting the other jurisdiction’s conclusion(s). In addition, at the time
the response is filed, the attorney must produce a certified copy of the entire record
from the other jurisdiction or bear the burden of persuading the Court that less than
the entire record will suffice.

16
General Order 10-04

83-3.2.4 Reinstatement. Unless stated otherwise by order of the


Court, an attorney who has been suspended or disbarred from the Bar of this Court
because of his resignation, suspension or disbarment from the Bar of another court will
be reinstated upon proof of reinstatement as an active member in good standing in
such other Bar.

83-3.2.5 Discipline by Agencies. Information that a member of the


Bar of this Court has been suspended or disbarred from practice by the order of any
federal or state administrative agency, shall be treated as a complaint which can be the
basis of disciplinary action by this Court. The matter shall be referred to the
Committee for investigation, hearing and recommendation as provided hereinabove
in the case of other complaints. All parties in interest are advised of General Order 96-
05 or any successor General Order governing attorney discipline proceedings in the
Bankruptcy Court. (Formerly numbered 83-3.1.10)

83-3.2.6 Notice of Disciplinary Action to State Bar and Other


Courts. The Clerk shall give prompt notice of any conviction of any attorney admitted
to this bar of a serious crime as herein defined or imposing discipline under this
Rule 83-3 to the Circuit Court of Appeals, to the Bankruptcy Court, to the California
State Bar, and to the Bar or disciplinary body of those courts to which the attorney
involved has been admitted to practice and of which the Clerk is aware. (Formerly
numbered 83-3.1.11)

83-3.2.7 Powers of an Individual Judge to Deal with Contempt or


Other Misconduct Not Affected. Disciplinary proceedings under Rule 83-3 shall not
affect, or be affected by, any proceedings for criminal contempt under the U.S.
Criminal Code, nor shall anything contained in this Rule 83-3 be construed to deny
any judge of this Court said judge’s inherent power to maintain control over the
proceedings conducted before said judge, nor to deny the judge those powers derived
from any statute or rule of court. Misconduct of any attorney in the presence of a court
or in any manner in respect to any matter pending in a court may be dealt with directly
by the judge in charge of the matter or at said judge’s option, referred to the
Committee, or both. (Formerly numbered 83-3.1.12)

83-3.3 Practice Prohibited While on Inactive Status. Any attorney


previously admitted to the Bar of this Court who no longer is enrolled as an active
member of the Bar, Supreme Court, or other governing authority of any State, territory
or possession, or the District of Columbia, shall not practice before this Court. Upon

17
General Order 10-04

receipt of reliable information that such attorney is practicing before the Bar of this
Court, this Court shall issue an Order to Show Cause why the attorney should not be
disbarred from this Court, and shall proceed with the Order to Show Cause in the
manner set forth in L.R. 83-3.2.1. (Formerly numbered 83-3.2)

83-3.4 Obligation to Notify Court of Felony Conviction or Change of


Status. Any attorney admitted to the Bar of this Court or admitted pro hac vice shall
promptly notify the Clerk of this Court of (1) the attorney’s conviction of any felony,
or (2) the imposition of discipline in any other jurisdiction, or (3) the attorney’s
resignation from the Bar while disciplinary investigation or proceedings were pending
in any other jurisdiction. (Formerly numbered 83-3.3)

83-5.2 Minors or Incompetents - Settlement of Claim Procedure.


Insofar as practicable, hearings on petitions to settle, compromise or dismiss a claim
in an action involving a minor or incompetent person shall conform to California Code
of Civil Procedure Section 372 and California Rule of Court 3.1384.

83-17 Special Requirements for Habeas Corpus Petitions Involving the


Death Penalty
83-17.3 Initial Filings and Petitions
(d) If the petitioner is not represented by counsel, the Clerk of
Court shall immediately serve the California Attorney General’s Office by mail, e-mail
or fax when an initial filing is received by the Court.

83-17.7 Procedures for Considering the Petition.


(c)(i) In the interest of expediting habeas death penalty cases, it is
the policy of the Court to entertain unexhausted claims if the respondent waives the
exhaustion issue. However, if the respondent declines to waive the exhaustion issue
with respect to any or all claims in the petition, prior to filing a motion, counsel for
respondent shall make a good faith effort to confer with counsel for petitioner
regarding the exhausted status of each such claim. Unless relieved by written order
of the Court upon good cause shown, counsel for petitioner shall confer with counsel
for respondent within seven (7) days after service of a letter requesting such
conference. The respondent’s letter shall identify each claim that respondent contends
is unexhausted, specify the basis for asserting that the claim is unexhausted, and
provide any legal authority that respondent contends is dispositive of the exhausted
status of that claim.

18
General Order 10-04

Appendix A to Local Rules

1 PRETRIAL FORM NO. 1

8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

10

11 (TITLE OF CASE) ) CASE NO.


)
12 ) FINAL PRETRIAL
) CONFERENCE ORDER
13 )
)
14 )

Following pretrial proceedings, pursuant to Rule 16, F.R.Civ.P. and L.R. 16, IT
IS ORDERED:
4. The trial is to be a jury (non-jury) trial.
[If a jury trial add: At least seven (7) days prior to the trial date each
party shall file and serve by e-mail, fax, or personal delivery: (a) proposed jury
instructions as required by L.R. 51-1 and (b) any special questions requested to be
asked on voir dire.]
[If a non-jury trial add: At least seven (7) days prior to the trial date each
party shall lodge and serve by e-mail, fax, or personal delivery the findings of fact and
conclusions of law the party expects the Court to make upon proof at the time of trial
as required by L.R. 52-1.]

19
General Order 10-04

RULES FOR ADMIRALTY AND MARITIME CLAIMS

B.1. (RB-B.1.) AFFIDAVIT THAT DEFENDANT IS NOT FOUND


WITHIN THE DISTRICT. The affidavit required by Supplemental Rule B(1) to
accompany the complaint shall list the efforts made by and on behalf of plaintiff to
find and serve the defendant within the district. The phrase “not found within the
district” in Supplemental Rule B(1) means that, in an in personam action, the
defendant cannot be served with the summons and complaint as provided in F.R.Civ.P.
4(e).

E.12. (83-E.12.) INTERVENOR’S CLAIMS.


(a) Presentation of Claim. When a vessel or other property has been
arrested, attached, or garnished, and is in the hands of the Marshal or custodian
substituted therefor, anyone having a claim against the vessel or property is required
to present the claim by filing an intervening complaint in paper format, and not by
filing an original complaint, unless otherwise ordered by a judicial officer. The Clerk
shall forthwith deliver a conformed copy of the complaint in intervention and the
intervenor’s warrant of arrest or process of attachment or garnishment to the Marshal,
who shall deliver the same to the vessel or custodian of the property. Intervenors shall
thereafter be subject to the rights and obligations of parties, and the vessel or property
shall stand arrested, attached, or garnished by the intervenor. An intervenor shall not
be required to advance a security deposit to the Marshal.

E.13. (83-E.13.) CUSTODY OF PROPERTY.


(d) Claims by Suppliers for Payment of Charges. A person who
furnishes supplies or services to a vessel, cargo, or other property in custody of the
Court who has not been paid and claims the right to payment as an expense of
administration shall file an invoice with the Clerk in the form of a verified claim in
paper format at any time before the vessel, cargo, or other property is released or sold.
The supplier must serve copies of the claim on the Marshal, substitute custodian if one
has been appointed, and all parties of record. The Court may consider the claims,
individually or schedule a single hearing for all claims.

E.14. (83-E.14.) SALE OF PROPERTY.


(f) Opposition to Sale. A party filing an opposition to the sale, whether
seeking the reception of a higher bid or a new public sale by the Marshal, shall give
prompt notice to all other parties and to the purchaser. Unless the party has previously

20
General Order 10-04

appeared on the case, the opposition shall be filed in paper format. Such party shall
also, prior to filing an opposition, secure the Marshal’s endorsement upon it
acknowledging deposit with the Marshal of the necessary expense of keeping the
property for at least five (5) days. Pending the Court’s determination of the
opposition, such party shall also advance any further expense at such times and in such
amounts as the Marshal shall request, or as the Court orders upon application of the
Marshal or the opposing party. Such expense may later be subject to taxation as costs.
In the event of failure to make such advance, the opposition shall fail without
necessity for affirmative action thereon by the Court. If the opposition fails, the
expense of keeping the property during its pendency shall be borne by the party filing
the opposition.

LOCAL CRIMINAL RULES

7-2 Superseding Indictment or Information. A superseding indictment


or information shall be filed promptly with the Clerk in paper format and assigned the
same number as the original indictment or information, followed by the letter (A) for
the first superseding indictment or information, (B) for the second, etc.

46-3.4 Review of Surety and Documentation by United States Attorney.


Any affidavit of surety and any documentation required by this Rule must be presented
to the Office of the United States Attorney. Within six (6) office working hours, an
attorney employed by that office shall report to the Court approval or disapproval of
the documentation presented. If disapproved, the United States Attorney shall specify
the reason for disapproval.

21
UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

IN THE MATTER OF )
)
REFERENCE OF JURY TRIALS IN )
BANKRUPTCY CASES AND )
BANKRUPTCY PROCEEDINGS TO )
BANKRUPTCY JUDGES OF THE )
CENTRAL DISTRICT )
) GENERAL ORDER NO. 266-A

WHEREAS, Public Law 103-394, 108 stat. 4106 allows the bankruptcy judges of

this district to conduct jury trials pursuant to 28 U.S.C. §157(e),

IT IS HEREBY ORDERED that General Order 266 be amended by adding:

"3. Each bankruptcy judge of the Central District of California is specially

designated to conduct jury trials in core and non-core bankruptcy proceedings in cases

commenced on or after October 22, 1994, upon the written consent of all parties to the

action.

a) If the parties consent to a jury trial before a bankruptcy judge, they are deemed

to have also consented to:

(i) the application of all statutes of the United States or the Federal Rules of Civil

Procedure that govern district court jury trials until such time Federal Rules are modified

to cover jury trials in the bankruptcy court,

(ii) the entry of a final order by the bankruptcy judge in a non-core proceeding.

b) Jury trials in bankruptcy court shall be subject to the jury plan in effect for the

Central District."

This general order shall be effective February 13, 1995.


2 GENERAL ORDER NO. 266-A

Dated:

Chief Judge Wm. Matthew Byrne, Jr. James M. Ideman

Manuel L. Real William D. Keller

Robert M. Takasugi Stephen V. Wilson

Mariana R. Pfaelzer J. Spencer Letts

Terry J. Hatter, Jr. Dickran Tevrizian

A. Wallace Tashima John G. Davies

David V. Kenyon Ronald S.W. Lew

Consuelo B. Marshall Gary L. Taylor

Richard A. Gadbois, Jr. Lourdes G. Baird

Edward Rafeedie Linda H. McLaughlin

Harry L. Hupp Audrey B. Collins

Alicemarie H. Stotler Richard A. Paez

William J. Rea Robert J. Timlin

UNITED STATES DISTRICT COURT JUDGES


UNITED STATES D I STRICT
CENTRAL Of S f R I C T OF GAL

I N RE 1
AMENDMENT OF GENERAL ORDER 1
NO. 224 1 GENERAL ORDER NO. 308
ASSIONHENT OF HABEAS CORPUS )
PEtITfONS INVQLVINO THE 1
DEATH PENALTY 1

If IS ORDERED that Gkneral Ordtnr 224 bm amndad ar followe:


3.1 ASSIONMENT OF HABEAS CORPUS PET1TfONb-'INVOLVf NO THE
DEATH PENA,LTY

Notwithstanding thm general aasi gnnnnt plan o f t h i r wurt


governing th. aaa3gnnent of c i v i l actions, h a b a a corpua petitions
involving the death penalty shall bo saalgnad a8 fotlowu:
(e) Thm Clerk of the Court aha1 1 eatabliah a separate
aaadgnmnt wh-1 f o r the assignment of thoaa patltionr.
( b ) A l l active judges o f t h i s court, end those senior
judger who 80 elect, ahall partdcipate i n the assignments without
regard to t h a i r place o f holding court.
(cl If the assignad judgo has f i l e d a C e r t i f i c a t e o f
Unavailabi 1 i t y with t h m Clerk o f the C o u r t which fs in e f f e c t on
the dmte of the ass4 gnmnt , a new random assignment w i 1 1 be made
to another judge immediately,
( d ) If a petitioner has previously sought relief i n t h i s
court W h respect t o the s m conviction, t h e petition wS 1 I be
sssigwd t o the judge wh w assigned to the prior proceeding.
DATED:

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