United States District Court, Central District of California

Filing Procedures

Subject: Section:Contact: Last Updated:
General Civil Filing Information General Civil Filing Information Clerk of Court08/08/2008



General Civil Filing Information

DEFICIENCIES IN SUBSEQUENT FILINGS
DEFICIENCIES IN REQUESTS FOR ENTRY OF CIVIL DEFAULT AND DEFAULT JUDGMENT
DEFICIENCIES IN WRITS OF EXECUTION
AFTER HOUR FILING INFORMATION
FEES
MOTION DATES
FOREIGN SERVICE
CHECK ACCEPTANCE POLICY

All documents presented for filing must comply with the Federal Rules of Civil Procedure and the Local Rules of this court. Please refer to the Local Rules following Local Rules for detailed filing information. (Local Rules are available on this web site under "Local Rules" menu.)

    Local Rule 5 Service of papers and process, filing fees and forma pauperis
    Local Rule 7 Pleadings and Motions
    Local Rule 10 and 11 Form of pleadings
    Local Rule 16 Pre-trial proceedings
    Local Rules 26 through 37 Depositions, interrogatories and requests for admissions
    Local Rules 54 and 58 Orders, Judgments, findings of fact and conclusions of law, taxation of costs
    Local Rule 65 Bonds or undertakings - sureties
    Local Rule 7.1-1 Certification as to interested parties
    Local Rule 83-16 Habeas corpus petitions and motions under 28 U.S.C. § 2255

All filings are to be made in original and one copy, both blue-backed and hole punched, on 28-lined paper. You must provide additional copies if you wish conformed copies. If you are filing by mail, please submit a self-addressed, stamped envelope for returning conformed copies.

Effective March 1, 2002, all documents must be presented for filing at the division where the case is pending. Please refer to How to Determine Proper Location for Civil Filings for more information.

Capital habeas corpus petitions and civil cases, except those enumerated below, are deemed pending in the division where the district judge holds court. Therefore, subsequent documents for these cases must be filed at the location where the district judge is located.

Non-capital habeas corpus petitions, pro se civil rights cases, social security cases and other matters referred to a magistrate judge are deemed pending where the magistrate judge holds court. Therefore, subsequent documents for these cases must be filed at the location where the magistrate judge is located.

Documents not filed at the proper location will be returned to the filer.

Court locations are as follows:

Western Division
312 N. Spring St., Rm G-8
Los Angeles, CA 90012
Southern Division
411 West Fourth St., Rm 1053
Santa Ana, CA 92701-4516
Eastern Division
3470 Twelfth St., Rm. 134
Riverside, CA 92501

Please refer to Judges' Procedures & Schedules and How to Determine Proper Location for Civil Filings to determine the location of the judge for pending cases.

Please refer to Procedures for Filing by Mail for more detailed information.

DEFICIENCIES IN SUBSEQUENT FILINGS

If it is determined that a subsequent filing is deficient for any of the following reasons, the document will be rejected for filing. The intake clerk will attach a Civil Deficiency Notice (Subsequent Filing) to the rejected document. When resubmitting the document for filing, please return the Civil Deficiency Notice with the document.

  • No related document on file which permits the filing of your document.

  • F.R.Civ.P. 15: Leave of court required or written consent of Court required; an answer is on file.

  • F.R.Civ.P. 26(a)(4) and Local Rule 26-2: When a discovery request or response is required for use in a proceeding, only that part of the document which is in issue should be filed.

  • A document previously filed precludes the filing of your document.

  • F.R.Civ.P. 15, 41, 58: Case previously closed by judgment, order or dismissal.

  • F.R.Civ.P. 41: Answer on file which precludes the dismissal.

  • F.R.Civ.P. 55: Answer on file which precludes the request for a default judgment.

  • F.R.Civ.P. 55: Default on file which precludes the answer.

DEFICIENCIES IN REQUESTS FOR ENTRY OF CIVIL DEFAULT AND DEFAULT JUDGEMENT

If it is determined that the following deficiency(s) exist in a request for default and/or default judgment, the document will be rejected and returned to you for correction. The intake clerk will attach a Civil Default Deficiency Notice to your document. When resubmitting your document for filing, please return the Civil Default Deficiency Notice with your document.

  • F.R.Civ.P. 55: An affidavit of the amount due must accompany the plaintiff's request for default.

  • F.R.Civ.P. 55(e):No judgment by default may be taken against the United States unless the claimant establishes a claim or right by evidence sufficient to the court.

  • F.R.Civ.P. 55(b)(1):Amount sought is not for a sum certain or cannot be computed to a sum certain.

  • F.R.Civ.P. 54(c):A judgment by default cannot be different in kind from or exceed in amount that which was prayed for in the demand for judgment.

  • F.R.Civ.P. 54: Request for default is premature.

  • F.R.Civ.P. 12: A defendant may serve his answer within 20 days after service.

  • F.R.Civ.P. 12: The United States or an officer or agency of the United States may serve an answer within 60 days after service.

  • F.R.Civ.P. 4: If waiver of service is filed, a non-foreign defendant has 60 days to serve an answer; a foreign defendant has 90 days to serve an answer.

  • F.R.Civ.P. 4: No proof of service for summons and/or waiver of service is on file.

  • F.R.Civ.P. 4(e): Service was not effected pursuant to the law of the State of California or the Federal Rules of Civil Procedure.

  • An affidavit of the person making service showing time, place and manner isrequired.

  • CCP §415.30: A Notice and Acknowledgement of Receipt of Summons must be returned with the signature of the sender and the person acknowledging receipt for service by mail.

DEFICIENCIES IN WRITS OF EXECUTION

If the following deficiency(s) exist in a writ of execution, the document will be rejected and returned to you for correction. The intake clerk will attach a Writ of Execution Deficiency Form to your document. When resubmitting your document for filing, please return the Writ of Execution Deficiency Form with your document.

  • Writ must contain the names and addresses of judgment debtors.

  • Entered date of Writ/Abstract is incorrect (refer to judgment).

  • Judgment amount and date entered do not coincide with amount and date of abstract.

  • Original writ of execution must be returned by United States Marshal prior to issuance of an alias writ.

  • Abstract does not indicate "jointly and severally" where appropriate (refer to judgment).

AFTER HOUR FILING INFORMATION

For after hour filings of a complaint where the statute runs out today or for a temporary restraining order against an event that is to occur prior to the next day or a warrant for the arrest of a vessel that must occur prior to the next day, please call the U.S. Marshal at: 213-894-2485

FEES

The Clerk’s Office will accept business or corporate checks for filing fees and for miscellaneous fees. Checks drawn on business or client trust accounts will continue to be accepted for filing and miscellaneous fees; however, no personal checks or checks drawn on non-business accounts will be accepted from either attorneys or the public. We will continue to accept all federal, state, and local government issued checks, as well as bank certified checks and U.S. Postal Service money orders.

A complete schedule of fees is available on this web site under "Forms" menu.

MOTION DATES

Available motion setting dates can be obtained by calling (213) 894-3535. Please check to obtain an available date prior to filing documents in person or by mail.

The availability of motion dates is subject to change without prior notice. If you are submitting a motion in person, please be advised that you may be asked to select another date should the date selected be unavailable. If you submit a motion by mail and the date has become unavailable, you will be contacted and asked to select another available date. Failure to provide another date by 4:00 p.m. of the day following the initial telephone request will result in forwarding the unfiled documents accompanied by a Notice of Document Discrepancy to the courtroom deputy clerk. The Notice of Document Discrepancy will indicate the efforts made to contact the submitting party to obtain a hearing date.

Please be advised that the intake clerk will inform the submitting party to file an amended or corrected notice of hearing with the clerk and to notify opposing counsel in the event that another motion date is selected.

FOREIGN SERVICE

Procedures for Foreign Service can be obtained by visiting the website for the Bureau of Consular Affairs at www.travel.state.gov and selecting judicial assistance.