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Attorney Information Calendars CM/ECF Filing Procedures Forms General Information General Orders email=jz12345@ea
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Location: La Verne,
California
Date: 2010.03.24
08:47:34 -07'00'
Judges Procedures & Schedules Jury Local Rules Media Notices from the Clerk Pro Se Recent Opinions Rosters & Schedules Services
General Orders
Found 52 items.
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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)
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
General Order
Category: Superseded
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.
General Order
Category: Superseded
Dated:______________
General Order
Category: Operational
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.
General Order
Category: Superseded
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;
28.1.6 (83-28.1.6) Any other room where court proceedings are being held.
General Order
Category: Superseded
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.
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.
General Order
Category: Administrative
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)
________________________________________ )
General Order
Category: Operational
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;
28.1.6 (83-28.1.6) Any other room where court proceedings are being held.
General Order
Category: Operational
In the Matter of )
) GENERAL ORDER NO. 01-03
EXPANSION OF AUTHORITY TO CJA )
SUPERVISING ATTORNEY ) (Amends GO 97-07)
________________________________________ )
General Order
Category: Operational
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.
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).
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.
General Order
Category: Administrative
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,
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.
General Order
Category: Operational
In the Matter of )
) GENERAL ORDER NO. 02-09
SERVICE AND FILING OF PLEADINGS AND )
OTHER PAPERS - ELECTRONIC CASE FILINGS )
________________________________________ )
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.
General Order
Category: Operational
In the Matter of )
) GENERAL ORDER NO. 02-14
DOCUMENTS TO BE FILED UNDER SEAL )
________________________________________ )
)
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.
General Order
Category: Operational
In the Matter of )
) GENERAL ORDER NO. 03-01
FINANCIAL DISCLOSUREDURING )
PRESENTENCE INVESTIGATION )
________________________________________ )
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;
4. Copies of filed federal and state income tax returns for the last five years or a
signed release authorizing their disclosure.
General Order
Category: Operational
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.
General Order
Category: Operational
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 )
______________________________________________ )
General Order
Category: Superseded
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 )
________________________________________ )
General Order
Category: Superseded
In the Matter of )
) GENERAL ORDER NO. 03-13
EASTERN DIVISION PILOT PROJECT FOR )
INCLUSION OF MAGISTRATE JUDGE IN CIVIL )
CASE ASSIGNMENT WHEEL )
________________________________________ )
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.
General Order
Category: Operational
In the Matter of )
) GENERAL ORDER NO. 04-01
ATTORNEY SETTLEMENT OFFICER PANEL )
______________________________________________ ) (Supersedes General Orders 98-2 and 01-
04)
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.
(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
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.
General Order
Category: Operational
In the Matter of )
) GENERAL ORDER NO. 05-02
ADOPTION OF STANDARD CONDITIONS OF PROBATION )
AND SUPERVISED RELEASE ) (Amends General Order No. 318)
______________________________________________ )
GO 05-02.pdf
General Order
Category: Administrative
General Order
Category: Operational
GO 05-08.pdf
General Order
Category: Operational
GO 05-09.pdf
General Order
Category: Operational
GO 05-10.pdf
General Order
Category: Administrative
In the Matter of )
) GENERAL ORDER NO. 06-01
)
ASSIGNMENT OF DUTIES TO MAGISTRATE ) (Amends General Order No. 05-07)
JUDGES )
)
________________________________________ )
General Order
Category: Operational
General Order
Category: Superseded
In the Matter of )
) GENERAL ORDER NO. 06-07
ORDER AUTHORIZING ELECTRONIC FILING )
_______________________________________ ) (Supersedes General Order Nos. 03-06 &
05-01)
General Order
Category: Operational
In the Matter of )
) GENERAL ORDER NO. 07-01
ALTERNATIVE DISPUTE RESOLUTION PILOT )
PROGRAM ) (Supersedes General Order 02-07)
_______________________________________ )
NOTE: Exhibits not included in the list below are not available to the public.
General Order
Category: Administrative
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 )
________________________________________
General Order
Category: Operational
General Order
Category: Operational
General Order
Category: Operational
General Order
Category: Operational
General Order
Category: Operational
General Order
Category: Operational
General Order
Category: Administrative
General Order
Category: Operational
General Order
Category: Operational
General Order
Category: Operational
General Order
Category: Administrative
General Order
Category: Operational
General Order
Category: Operational
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
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:______________
General Order
Category: Operational
General Order
Category: Operational
IN RE )
) GENERAL ORDER NO. 308
ASSIGNMENT OF HABEAS CORPUS )
PETITIONS INVOLVING THE DEATH ) AMENDMENT OF GENERAL ORDER NO. 224
PENALTY )
General Order
Category: Superseded
In the Matter of )
) GENERAL ORDER NO. 318
ADOPTION OF STANDARD CONDITIONS OF )
PROBATION AND SUPERVISED RELEASE )
)
General Order
Category: Administrative
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:
General Order
Category: Administrative
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,
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
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.
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.
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
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.
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:
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."
General Order
Category: Operational
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:
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.
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.
General Order
Category: Administrative
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.
General Order
Category: Operational
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.
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."
General Order
Category: Operational
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,
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.
General Order
Category: Operational
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, 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;
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.
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.
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.
General Order
Category: Administrative
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,
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
(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.
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.
(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
i
b. Related Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
11. SANCTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
a. Dismissal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
b. High-Risk Defendants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
c. Alleged Juvenile Delinquents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
d. Discipline of Attorneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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.
1
4. TIME WITHIN WHICH AN INDICTMENT OR INFORMATION MUST BE FILED
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:
c. Related Procedures.
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))
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))
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.
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.
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))
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))
d. Related Procedures.
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.
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.
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.
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
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)
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.
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;
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
General Order No. 96-6 is hereby rescinded and replaced by this General Order.
courthouse facilities,
• To maximize the number of eligible candidates who are administered the
follows:
1. Due to the scope and complexity of the Central District, requests to
conduct special ceremonies in particular political jurisdictions and at military
large number of military installations located throughout the District. It is not feasible
installations.
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General Order 03-05
to conduct special ceremonies for each distinct country of origin nor is it equitable to
3. Due to the specific facility requirements which must be met for the
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.
3
General Order 03-05
Citizenship and Immigration Services (CIS), Department of Homeland Security, it
direct supervisors, and the Secretary and Deputy Secretary of the Department of
Homeland Security.
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
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.
imposed upon a defendant. The individual judge may impose such other conditions
the judge deems advisable, consistent with existing or future law, in individual
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
5. The defendant shall support his or her dependents and meet other
family responsibilities;
acceptable reasons;
7. The defendant shall notify the probation officer at least ten days prior
8. The defendant shall refrain from excessive use of alcohol and shall not
2
9. The defendant shall not frequent places where controlled substances
10. The defendant shall not associate with any persons engaged in criminal
activity, and shall not associate with any person convicted of a felony
11. The defendant shall permit a probation officer to visit him or her at any
12. The defendant shall notify the probation officer within 72 hours of
13. The defendant shall not enter into any agreement to act as an informer
of the court;
14. As directed by the probation officer, the defendant shall notify third
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
4
UNITED STATES DISTRICT COURT
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
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
duties or functions.
implement and enforce their own orders and regulate proceedings before them, to the
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General Order No. 05-07
Civil Matters:
3. Pro se §1983 and Bivens cases for pretrial purposes (except for
assistance;
Fed.R.Civ.P. 69(a);
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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
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:
warrants, and dismiss complaints upon the request of the United States Attorney;
3
General Order No. 05-07
necessary;
the case is assigned, accept not guilty pleas and set the case for trial and/or further
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;
17. Exonerate or forfeit bonds, set aside forfeitures, and reinstate bail in
19. Fix or modify bail and conduct detention hearings and issue release
20. Approve personal and corporate surety bonds and bonds requiring
personal sureties;
psychiatrist, when appropriate, under 18 U.S.C. § 4241 and conduct the competency
hearing;
5
General Order No. 05-07
warrants;
be assigned by the Chief District Judge, or the Chief District Judge’s designee.
particular Magistrate Judge for all purposes, the following civil and criminal matters shall
Civil:
6
General Order No. 05-07
or other writ petitions directed to a conviction and/or sentence sustained in this Court;
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
except in social security disability cases, non-capital state or federal habeas corpus
10. Jury selection, jury returns, and all other jury tasks (except grand and
Criminal Matters:
7
General Order No. 05-07
1. Criminal discovery;
3. Jury selection, return of jury verdicts, and all other petit jury tasks.
report and recommendation, the Magistrate Judge shall be randomly drawn from a
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
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
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
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
Magistrate Judge. If such assignment is made, the discovery Magistrate Judge shall
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
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General Order No. 05-07
Assignment Wheel.
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.
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
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.
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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.
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
11
UNITED STATES DISTRICT COURT
In the Matter of )
) GENERAL ORDER NO. 05-08
NEW LOCAL CRIMINAL )
RULE 46-2.1 )
)
DATED:
1
UNITED STATES DISTRICT COURT
In the Matter of )
) GENERAL ORDER NO. 05-10
AMENDMENT TO LOCAL )
CIVIL RULE 11-3.8 )
)
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
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General Order No. 05-10
and who has not previously filed a document that includes the information.
2
UNITED STATES DISTRICT COURT
turned off while in any courtroom or during any jury deliberation, unless the judge
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
and 83 and Local Rule 5, the Court hereby authorizes and establishes operating
particular case, a judge may modify these rules in the interest of justice.
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
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General Order No. 06-07
A. The term “ECF” refers to the Court’s Electronic Case Filing system.
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.
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
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General Order No. 06-07
network where e-mail directed to an ECF User can be sent and retrieved.
when e-mailed to the e-mail address of record in the case, shall constitute the proof
Filing shall be attached to any document served in the traditional manner upon any
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General Order No. 06-07
documents from the ECF system. A firm may register for a PACER account by
implement these rules may be found on the ECF website along with other important
ECF information.
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.).
document that is filed with the Court and/or served in paper rather than
electronically.
to be filed and served in the traditional manner and will be scanned by the Clerk’s
4
General Order No. 06-07
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
prescribed for such service in the Federal Rules of Civil Procedure and Federal
practicable but no later than ten days after notification that the action is subject to
Attorneys of record who fail to register timely shall be subject to such sanctions as
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General Order No. 06-07
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
delivery of service of electronic mail, counsel should immediately notify the Clerk.
address of record on all documents filed with the Court as required by Local Rule
11-3.8.
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-
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
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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.
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
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
informations, etc., in criminal cases shall be filed in the traditional manner in paper
electronic form (PDF), within three (3) days of the date the initiating document is
7
General Order No. 06-07
filed.
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.)
cases not designated for electronic filing should be made on paper only. In the
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.
required to be filed with the Clerk shall be filed electronically on the ECF website,
8
General Order No. 06-07
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
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.
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
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
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
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General Order No. 06-07
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
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
11
General Order No. 06-07
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,
received completely by the Clerk’s Office) prior to midnight Pacific Standard Time
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.
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
12
General Order No. 06-07
notice, or the assigned judge may issue an Order to Strike the document.
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.
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
Electronic Filing Procedures shall constitute entry of that pleading or other paper
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General Order No. 06-07
on the docket maintained by the Clerk under Federal Rules of Civil Procedure 58,
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
document stamp shall be used for the purpose of confirming the authenticity of the
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.
document(s) is a true and correct copy of the original filed with the Court.
in electronic format and it is not possible for the ECF User to convert it to PDF
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General Order No. 06-07
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
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.
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.
or criminal action must be filed in the traditional manner, with electronic copies as
outlined in Section V.
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General Order No. 06-07
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
Record to indicate the case record is being manually filed and/or lodged. (See
Section VII.A.)
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
attached in place of the actual document. (See Section VI.A.) Exhibits filed in
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General Order No. 06-07
VIII. Orders.
proposed documents that are not filed with a main document, such as a proposed
to a Notice of Lodging and shall be linked to the order or minute order directing the
WordPerfect or Word copy of the proposed order, along with a copy of the PDF
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
17
General Order No. 06-07
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
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
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.
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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
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
Section V.)
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.
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General Order No. 06-07
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
form (PDF format) to the e-mail address designated for that purpose which may be
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
X. Signatures.
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
signature on the document, provided that such document is filed using the Login
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
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
posted on the ECF website and may be published in official legal newspapers in
Amendments to this order may be entered from time to time in keeping with
22
UNITED STATES DISTRICT COURT
IN THE MATTER OF )
) GENERAL ORDER NO. 07-01
ALTERNATIVE DISPUTE ) (Supersedes General Order 02-07)
RESOLUTION PILOT )
PROGRAM )
)
1.1 Scope. This General Order ("Order") governs the mandatory and
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
2. ADMINISTRATION
Clerk of Court.
Attorney Settlement Officers, and regular circulation of said list to the Judges
of the ADR Pilot Program, and maintenance of records including disposition rates
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
PILOT PROGRAM
Pilot Program shall apply to civil cases assigned to district judges participating in
3
(7) Personal injury - motor vehicle (350)
(355)
Rights (440)
Potential class action cases shall not be referred to the ADR Pilot
determines would benefit from participation in the ADR Pilot Program may be
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
4
5. NOTICE OF REFERRAL
Parties of ADR Pilot Program” in the form attached as Exhibit “A,” and an “ADR
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
the ADR Pilot Program, a “Notice to Parties of ADR Pilot Program - Transferred
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
636(c) and the Civil Local Rules. The provisions of this General Order are
U.S.C. section 636(c) and the Local Civil Rules if the magistrate judge determines
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
Exhibit “B” will be provided to plaintiff’s counsel by the courtroom deputy clerk.
6
6. ORDER OF REFERRAL
ADR Pilot Program” in the form attached hereto as “Exhibit E” shall be completed
the case, an “Order/Referral to ADR Pilot Program” in the form attached hereto as
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
7
Attorney Settlement Officer Under the ADR Pilot Program” in the form attached
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.
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
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
proceeding. In such instances, counsel shall notify the Coordinator of this change.
8
9. MULTIPLE PARTY SETTLEMENT PROCEEDING
group of related cases if (1) all parties to all cases agree, in writing, (2) all parties
Officer, and (3) the Attorney Settlement Officer discloses to all parties the number
PROCEEDINGS
Officer’s responsibility to schedule a time, date and location for the settlement
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
9
Attorney Settlement Officer. The Coordinator shall be notified of any continuance
Rule.
the settlement proceeding in accordance with the Local Civil Rule. With prior
the party’s insurer shall attend and must be empowered to settle the case.
the settlement proceeding by the attorney who is expected to try the case, unless
proceeding, the Attorney Settlement Officer shall distribute to each litigant and
attorney an “ADR Pilot Program Participant Survey” in the form attached hereto as
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.”
therein shall be admissible in any proceeding in the case, unless the parties
recorded, without the consent of the parties, except for any memorialization of a
settlement agreement.
judicial functions and are entitled to the immunities and protections that the law
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 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
12
UNITED STATES DISTRICT COURT
amended as follows:
“III. DISCIPLINE
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
removed from the CJA Panel. Upon reinstatement as an active member in good
standing, the attorney may reapply for inclusion on the CJA Panel.”
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 )
criminal cases, the Court will periodically review and modify the method of
Southern Division if at least one of the crimes charged, or any part thereof, is
judicial officers of the Western, Southern and Eastern Divisions, there shall be
adjusted as needed.
assigned to the Southern Division for the given period, all additional criminal
cases filed during that period shall be assigned to the Western Division.
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
cards for each Southern Division judicial officer for random assignment. The
number of criminal cards for Southern Division judicial officers added to the
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
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.
Division if all of the crimes charged are alleged to have been committed within the
Eastern Division.
judicial officers of the Western, Southern and Eastern Divisions, there shall be
Eastern Division for a given period. This predetermined number shall be adjusted
as needed.
assigned to the Eastern Division for the given period, all additional criminal cases
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
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
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
UNITED STATES DISTRICT COURT
Table of Contents
I. Authorization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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
K. Electronic Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
N. Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
O. Calculation of Days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
P. PACER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
R. PDF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
U. Traditional Filing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
V. Traditional Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2
General Order 08-02
Contact Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
A. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
C. Format . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4. Dates of Birth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
6. Home Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
7. Additional Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
3
General Order 08-02
I. Hyperlinks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
J. Deadlines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
M. Technical Failures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
N. Docket . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
A. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
B. Pro Se Litigants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Review Cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
F. Voluminous Exhibits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
4
General Order 08-02
A. Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Generated Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
VIII. Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
A. CM/ECF Users . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
CM/ECF Users . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
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
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
for in this General Order, all civil and criminal cases are subject to electronic filing.
II. Definitions.
filing:
CM/ECF system stores case files in a database, and documents are filed
https://ecf.cacd.uscourts.gov.
6
General Order No. 08-02
provides pertinent information regarding the CM/ECF system. The CM/ECF
system.
system and completing a transaction that includes the uploading of the document(s)
document based on: (1) the CM/ECF User’s login and password and (2) the
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.
each CM/ECF User as indicated on the docket, and is used for electronic service.
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.
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.
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
in this General Order. The intake e-mail box addresses are available on the
CM/ECF website.
from the CM/ECF system. An attorney may register for a PACER account by
implement these rules may be found on the CM/ECF website along with other
important information.
9
General Order No. 08-02
format that is the only format in which a document may be electronically filed.
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.
Users are required to maintain and update their personal contact account
information, including name, law firm or agency, firm address, telephone number,
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.
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.
required to be filed with the Clerk shall be filed electronically in the CM/ECF
system.
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
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
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
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.
12
General Order No. 08-02
of that number should be used.
13
General Order No. 08-02
allegedly subject to forfeiture in a forfeiture proceeding.
2254 or 2255.
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
along with a reference list, filed under seal, indicating the complete personal data
information. The responsibility for redacting or placing under seal these personal
data identifiers rests solely with counsel. The Clerk will not review any pleadings
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
his or her right to the protection of Sections IV.E and G by filing documents that
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
15
General Order No. 08-02
K. Notice of Discrepancies For Electronically Filed Documents. The
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.
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.
file a document, the CM/ECF User must immediately contact the CM/ECF Help
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
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.
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)
17
General Order No. 08-02
is a true and correct copy of the original filed with the court.
electronically if it is not available in electronic format and it is not possible for the
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
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.
be filed and served in the traditional manner and will be scanned by the Clerk’s
18
General Order No. 08-02
C. Case Initiating Documents.
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
initiating documents that request emergency relief shall also be filed in the
traditional manner. All traditionally filed civil case initiating documents and
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
filed in the traditional manner rather than electronically. All traditionally filed
19
General Order No. 08-02
which the case is assigned).
the document to be placed under seal, shall NOT be electronically filed but shall be
traditionally filing a document under this provision shall first file electronically a
review cases such as Social Security appeals, ERISA and IDEA cases, the record
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
they are too large to scan shall first file electronically a Notice of Manual Filing.
duty matters, before a case is assigned to a district judge, shall be filed in the
20
General Order No. 08-02
traditional manner:
order or other proposed document accompanies a filing, the proposed order or other
Proposed orders or other proposed documents that are not filed with a main
the order or minute order directing the preparation of the proposed document.
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,
For criminal cases, the defendant’s last name and first initial of first name
GHI-Jones B).
For civil cases, the party’s name shall be included as the filer (e.g., for Los
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
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.
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
VIII. Signatures.
(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
23
General Order No. 08-02
physical signature on the document, provided that such document is filed using the
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
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
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
request by a party or the judge’s own motion, until one year after final resolution of
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
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.
similarly published.
Amendments to this order may be entered from time to time in keeping with
25
UNITED STATES DISTRICT COURT
follows:
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
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
attorneys only by the e-mail NEF unless an attorney is not a registered CM/ECF
2
UNITED STATES DISTRICT COURT
intensified the need to assure that all available CJA funds are administered
prudently;
Maximum” has been met or exceeded and on capital cases. The “Statutory CJA
1
General Order No. 08-04
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.
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
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
submitted four or more months after the applicable services if the amount for such
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
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
April 1, 2008.
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
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
April 1, 2008.
4
General Order No. 08-04
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
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
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
April 1, 2008.
more different cases in any given month, the attorney shall transmit those vouchers
docket number;
amount claimed during each billing period for all the cases
2008.
6
General Order No. 08-04
E. BUDGETING
The CJA Supervising Attorney hereby is granted the authority to initiate and
7
General Order No. 08-04
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.
John Smith
8
General Order No. 08-04
9
UNITED STATES DISTRICT COURT
The assignment of cases and duties to the judges of this Court shall be governed
as follows:
the active and senior district judges of this Court pursuant to this General Order.
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.
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General Order No. 08-05
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.
a sufficient number of electronic cards shall be added for each judge receiving civil case
for two years after the end of the calendar year in which the assignments were made.
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.
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
REASSIGNMENT
A senior judge may return any newly filed civil case to the
division embracing the place where such action is pending and shall be assigned from
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
sentence sustained or imposed in this District, shall be randomly assigned for case credit
U.S.C. § 2254 shall be randomly assigned for civil case credit to a district judge under
the ACAS.
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
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
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
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.
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
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
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.
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
If the motion is denied, that case shall proceed as originally assigned. If the
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General Order No. 08-05
motion is granted, the case shall be returned to the Clerk for random assignment in the
MOTION
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.
Notice of Related Cases whenever a civil case previously filed and a civil case later filed:
happening or event; or
7
General Order No. 08-05
present.
FILED
Notice of Related Cases whenever a criminal case previously filed and a civil forfeiture
happening, or event; or
prepared to transfer the civil forfeiture case to the judge assigned to the criminal case.
8
General Order No. 08-05
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
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.
transferee judge, the transferor judge may appeal the decision to the Committee. The
Upon a transfer, the transferee judge shall receive the credit and the
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
which of the case assignment procedures authorized in Section 5.4 should be applied.
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.
ONLY
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
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
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.
Case credit for related case transfers shall be limited to fifteen (15)
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.
to an order of the Panel on Multi-District Litigation shall be subject to this related case
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
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
12
General Order No. 08-05
of the active and senior district judges of this Court pursuant to this General Order.
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.
a sufficient number of electronic cards shall be added for each judge receiving criminal
for two years after the end of the calendar year in which the assignments were made.
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
13
General Order No. 08-05
REASSIGNMENT
A senior judge may return any criminal case to the ACAS for
AND ASSIGNMENT
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
twelve (12) trial days. If either of these conditions is present, the case shall be randomly
(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
14
General Order No. 08-05
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.
BECOMES COMPLEX
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
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
CRIMINAL CASES
3605, the matter shall be given a criminal case number and shall be randomly assigned
supervised release shall be directly assigned, for no case credit, to the judge to whom the
16
General Order No. 08-05
manner as provided for in civil cases in Section 3.1 of this General Order.
voluntarily recuses from the case, the case shall be returned to the Clerk for the random
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.
shall be referred to the Clerk for random assignment to another judge. The judge to
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
17
General Order No. 08-05
Related Cases whenever a criminal case previously filed and one or more informations
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.
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.
PENDING RULE 20
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.
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.
DISMISSED
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.
FILE
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.
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
appointment.
PROCEEDINGS
randomly assigned through the ACAS to the individual calendar of the judges of this
Court:
designated.
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
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
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
22
UNITED STATES DISTRICT COURT
amended as follows:
Panel attorneys appointed by the Court serve at the pleasure of the Court, as
CJA Panel may be subject to suspension or removal from the panel at any time, as
Chair, the CJA Supervising Attorney, shall elicit information (favorable and
Magistrate Judges, the CJA Supervisory Attorney, the Federal Public Defender
1
General Order No. 08-08
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
determines that a panel attorney has failed to fulfill the obligations of panel
procedures governing such measures are set forth in section B of this General
2
General Order No. 08-08
include, but are not limited to, inclusion of false or misleading information in CJA
officer, failure to provide assistance of counsel within the standards of the Sixth
responsibilities.
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
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.
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
the Panel
Any panel attorney who voluntarily withdraws from the Panel or does not
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
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
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
panel attorney from the panel in response to a complaint by a client, unless the
complaint.
2. Investigations
5
General Order No. 08-08
complaint.
3. Determinations
The CJA Committee in its discretion shall determine what, if any, action
Nothing in the foregoing provisions may be deemed to limit the fact that
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
5. Confidentiality
outcome.
6
UNITED STATES DISTRICT COURT
DIRECT ASSIGNMENT OF )
CIVIL CASES TO ) GENERAL ORDER NO. 08-09
MAGISTRATE JUDGES )
______________________________ )
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
magistrate judge shall be randomly assigned two civil cases each month, and no
magistrate judge may volunteer to be assigned more than two cases each month.
direct assignment to magistrate judges: class actions, death penalty habeas corpus
1
General Order No. 08-09
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.
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
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
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.
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
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
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
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 shall take effect on January 2, 2009. The program
established by this General Order shall be a pilot project, to be reviewed two years
4
UNITED STATES DISTRICT COURT
II. Definitions.
NEF.
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,
on the face page. The mandatory chambers copy must include the NEF as the last
2
UNITED STATES DISTRICT COURT
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
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.
applicant for permission to appear pro hac vice shall fill out and present to the
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
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
2
Central District of California concerning attorneys admitted to practice in this
Court.
3
1
2
UNITED STATES DISTRICT COURT
The Court has adopted the attached new and revised Local Rules, Rules for
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
LOCAL RULES
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.
7-3 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
2
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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Rules.
[Deleted] 11-4.3.
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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.
11-5.4 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.
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.
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General Order 10-04
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.
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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.
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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.
52-2 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.
52-7 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.
54-4.1 Filing Fees. The Clerk’s filing fees (pro hac vice fees are not
recoverable).
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General Order 10-04
including the costs of video or audio technicians unless otherwise ordered by the
Court;
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.
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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.
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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.
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.
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.
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.
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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.
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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)
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10
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.]
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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.
21
UNITED STATES DISTRICT COURT
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
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
(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
(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."
Dated:
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