A party may amend its pleading once as a matter of course within no later than 21 days after serving it, or if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier. FRCP 15 (a)(1) (amended eff 12/1/23) .
NEW RULE AMENDMENTS EFFECTIVE DECEMBER 1, 2023
An answer may be amended once as a matter of course within no later than 21 days after the original answer is served, unless the court orders otherwise under FRCP 5(c) because there are numerous defendants. FRCP 15 (a) (amended eff 12/1/23) .
At any time during the action, leave of court may be sought to file an amended pleading. FRCP 15(a)(2) and (b).
The court must set a cut-off date for the amendment of pleadings. FRCP 16(b)(3) (amended eff 12/1/15)
Most Central District judges designate a certain day of the week and time for civil motion hearings, and require counsel to notice motions for that day and time and file and serve the moving papers with adequate statutory notice. A directory of Central District Judges' procedures and schedules can be found on the court's Judges' Procedures and Schedules page.
If mailed, the notice of motion must be served not later than 31 days before the Motion Day designated in the notice. If served personally, or electronically, the notice of motion must be served not later than 28 days before the Motion Day designated in the notice. The court may order a shorter time. Central Dist. LR 6-1 (amended 12/1/13).
Unless otherwise specified by the court, the entry of an order continuing a hearing on a motion automatically extends the time for filing and serving opposition and reply papers to 21 days and 14 days, respectively, before the hearing date. Central Dist. LR 7-11 (amended 1/1/10).
Deposition transcripts to be used at trial or an evidentiary hearing shall be marked as provided in Central Dist. LR 16-2.7. The original deposition shall be lodged with the Clerk on or before the first day of a trial or at least ten (10) days before an evidentiary hearing unless required to be filed earlier under Central Dist. LR 16-11.2. Central Dist. LR 32-1 (amended eff 12/1/13).
In Case of Conflict Follow Local Rules
Editor's Note: In case of conflict between local rules and the Federal Rules of Civil Procedure regarding motion practice in United States District Courts, it is recommended practice to follow local rule requirements.
Notice, Motion and Affidavits--14 Days Before Hearing
NEW RULE AMENDMENTS EFFECTIVE DECEMBER 1, 2023
Under amended FRCP 6 (a)(1), all deadlines stated in days, no matter the length of the period, are computed in the same way. The day of the event that triggers the deadline is not counted. All other days - including intermediate Saturdays, Sundays, and legal holidays - are counted, with only one exception: If the period ends on a Saturday, Sunday, or legal holiday, then the deadline falls on the next day that is not a Saturday, Sunday, or legal holiday. FRCP 6 (a)(1).
When determining the last day of a filing period stated in days, a day on which the clerk's office is not accessible because of the weather or another reason is treated like a Saturday, Sunday, or legal holiday. FRCP 6 (a)(3).
To amend a pleading where leave of court is not required, the amended pleading is simply filed with the court and served on all parties. FRCP 15 (a) and (d). Service of process may need to be effected on parties who have not yet appeared. See Central District of California SmartRules™ procedural guide: SERVICE OF PROCESS.
To seek leave of court to amend a pleading based on stipulation, customarily the party seeking to amend prepares and obtains the signatures of the other parties on a stipulation agreeing to the amendment of the pleading, then prepares and submits an ex parte application to the Court, based on the stipulation, requesting leave to file the amended pleading. See Central District of California SmartRules™ procedural guide: EX PARTE APPLICATION.
Leave of court may be sought to amend a pleading to conform to proof at trial. FRCP 15(b).
All requirements applicable to pleadings apply to amended pleadings. See Central District of California SmartRules™ procedural guides: COMPLAINT, CROSS-COMPLAINT, COUNTERCLAIM, and ANSWER.
The amended pleading must be a complete document, including exhibits. It may not refer to prior, superseded pleadings. Central Dist. LR 15-2.
A motion must be made in writing, (unless made during a hearing or at trial), and must set forth with particularity the grounds on which it is brought, and the relief or order sought. FRCP 7(b)(1).
On the first page of the notice of motion and every other document filed in connection with any motion, there shall be included, under the title of the document, the date and time of the motion hearing, and the name of the judicial officer before whom the motion has been noticed. The notice of motion shall contain a concise statement of the relief or Court action the movant seeks. Central Dist. LR 7-4 (amended eff 6/1/18).
On the first page of the notice of motion and every other document filed in connection with any motion, there shall be included, under the title of the document, the date and time of the motion hearing, and the name of the judicial officer before whom the motion has been noticed. The notice of motion shall contain a concise statement of the relief or Court action the movant seeks. Central Dist. LR 7-4 (amended eff 6/1/18).
Counsel contemplating the filing of any motion must first contact opposing counsel to discuss thoroughly (preferably in person) the substance of the contemplated motion as well as potential resolutions. The conference must take place at least 7 (seven) days prior to the filing of the motion. If the parties are unable to reach a resolution that eliminates the necessity for a hearing, counsel for the moving party must include in the notice of motion the following statement:
"This motion is made following the conference of counsel pursuant to Local Rule 7-3 which took place on [date]."
This does not apply to cases listed as exempt in Central Dist. LR 16-12 or in connection with discovery motions (governed by L.R. 37-1 through 37-4) or applications under FRCP 65 for temporary restraining orders or preliminary injunctions. Central Dist. LR 7-3.
A memorandum of points and authorities must set forth the legal points and authorities and evidence on which the moving party relies. Central Dist. LR 7-5
The Court may decline to consider any memorandum or other document not filed within the deadline set by order or local rule. The failure to file any required document, or the failure to file it within the deadline, may be deemed consent to the granting or denial of the motion, with the exception that a motion pursuant to FRCP 56 may not be granted solely based on the failure to file an opposition. Central Dist. LR 7.12 (amended eff 6/1/14)
No memoranda of points and authorities, pre-trial, trial, and post-trial briefs may exceed 7,000 words, including headings, footnotes, and quotations. The caption, the table of contents, the table of authorities, the signature block, the certification required by L.R. 11-6.2, and any indices and exhibits are not included in the word count. A handwritten brief or a brief prepared using a typewriter may not exceed 25 pages, excluding the caption (if on a separate cover page), the table of contents, the table of authorities, the signature block, and any indices and exhibits.
The last page of any memorandum of points and authorities, pretrial brief, trial brief, or posttrial brief must include a certificate by the party filing the document that the document complies with the word-count limit in L.R. 11-6.1. (This requirement does not apply to documents that are handwritten or prepared using a typewriter.)
The certificate must be in substantially the following form:
Documents filed in the Central District must be numbered consecutively at the bottom of each page. Central Dist. LR 11-3.3.
Exhibits must be numbered consecutively with the principal document. Central Dist. LR 11-5.2 (amended eff 12/1/20).
Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name — or by a party personally if the party is unrepresented. The paper must state the signer’s address, e-mail address, and telephone number. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney’s or party’s attention. FRCP 11 (a).
All documents, except declarations, shall be signed by the attorney for the party or the party appearing pro se . The name of the person signing the document shall be clearly typed below the signature line. Central Dist. LR 11-1.
In the case of a document in which there is only one signatory, who is a registered CM/ECF filer, the document must be filed using that signatory's PACER login and password, which will function as the signatory's signature. Electronically filed documents must also include a signature block as provided in L.R. 11-1, and the signature must be represented on the signature line with either an "/s/" or a digitized personalized signature. Central Dist. LR 5-4.3.4(a)(1).
See Central District of California SmartRules™ Guide: GENERAL RULES AND FORMATTING REQUIREMENTS.
Any affidavit supporting a motion must be served with the motion. Except as Rule 59(c) provides otherwise, any opposing affidavit must be served at least 7 days before the hearing, unless the court permits service at another time. FRCP 6 (c)(2).
See Central District of California SmartRules™ procedural guide: DECLARATIONS.
Declarations or other written evidence must support factual contentions in memoranda of points and authorities. The Court may require or allow oral examination of any declarant or witness. Central Dist. LR 7-6.
Deposition transcripts to be used at trial or an evidentiary hearing shall be marked as provided in Central Dist. LR 16-2.7. The original deposition shall be lodged with the Clerk on or before the first day of a trial or at least ten (10) days before an evidentiary hearing unless required to be filed earlier under Central Dist. LR 16-11.2. Central Dist. LR 32-1 (amended eff 12/1/13).
Any proposed amended pleading must be filed as an attachment to the related motion or stipulation.
A party who obtains leave of Court to file an amended pleading must promptly thereafter file the pleading approved by the Court as a separate document in the Court's CM/ECF System, unless exempted from electronic filing.
See Central District of California SmartRules™ procedural guide: PROPOSED ORDER.
FILING AND SERVICE
NEW RULE AMENDMENTS EFFECTIVE JUNE 1, 2024
Except as provided in L.R. 5-4.2, all documents filed in civil cases must be filed electronically. Sending a document to the Court by e-mail or submitting a document through the Court’s Electronic Document Submission System does not constitute an electronic filing. Central Dist. LR 5-4.1 (amended eff 6/1/24) .
After entering an appearance in a civil case, any non-incarcerated pro se litigant may seek leave of court to use the CM/ECF System to file documents electronically in that particular case. Central Dist. LR 5-4.1.1. More information can be found on the court's Electronic Filing for People Without Lawyers page.
All papers must be served on each of the parties, unless the court orders otherwise under FRCP 5(c) because there are numerous defendants. FRCP 5 (a) (amended eff 12/1/18).
Papers must be filed no later than a reasonable time after service. FRCP 5 (d) (amended eff 12/1/18).
The proof of service is only required if documents are not served by filing them with the court's electronic filing system. FRCP 5 (d)(1)(B) (amended eff 12/1/18).
Service must be made by mail or personal delivery, electronically to users registered with the court's electronic-filing system or by other electronic means consented to in writing. FRCP 5 (b) (amended eff 12/1/18).
NEW RULE AMENDMENTS EFFECTIVE JUNE 1, 2024
Documents presented to the Clerk for filing or lodging either in paper format or through the Court’s Electronic Document Submission System must be served in accordance with FRCP 5. (See Central Dist. LR 5-4.2)
All documents served under Local Rule 5-3.1.1 must be accompanied by a Proof of Service in the form required by Local Rule 5-3.1.2.
Any moving party who intends to withdraw a motion before the hearing date and any opposing party who no longer intends to oppose a motion, must file and serve a notice of withdrawal of the opposition immediately, preferably no later than 7 (seven) days before the hearing. Central Dist. LR 7-16 (amended eff 6/1/20).
Counsel for both parties must be present and familiar with the case. Failure to appear may result in an adverse ruling. Central Dist. LR 7-14.
When the Court orders a party to prepare an order, it must be served and lodged with the Clerk within 5 days. Central Dist. LR 52-4 (amended 1/1/10).
The amended pleading must be served on all parties who had not appeared in the action on or before the date the motion for leave to amend was granted. FRCP 5 (a) (amended eff 12/1/18).
If a party has appeared on or before the date the stipulation is approved or motion for leave to amend is granted, that party is deemed served when the Court approves the stipulation or grants the motion. Central Dist. LR 15-3.
Service of amended pleadings on a party who has not previously appeared shall be made as provided in Local Rules 4-1, 4-2 and 4-3. Central Dist. LR 15-3. See Central District of California SmartRules ™ procedural guide: SERVICE OF PROCESS.
The Central District of California third-party summons form is available on the court's Forms page.
An amended pleading allowed by order of the Court shall be deemed served upon the parties who have previously appeared on the date the motion to amend is granted or the stipulation therefore is approved. Service of amended pleadings on a party who has not previously appeared shall be made as provided in Local Rules 4-1, 4-2 and 4-3. Central Dist. LR 15-3.
See Central District of California SmartRules ™ procedural guide: AMENDED COMPLAINT; AMENDED ANSWER.
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