#CALIFORNIA MOTION TO DISMISS PRO#

The letter requesting the meeting must set forth all discovery requests and responses in dispute, and any authority on which the moving party intends to rely. Further, counsel for the opposing party is required to meet within 10 days of receiving the request. If both counsel are located within the same county of the Central District, the conference must take place in person. Local Rule 37 requires that the parties confer regarding the dispute and then draft and execute a joint stipulation that constitutes both the moving and opposition papers. There is also a distinct and unique procedure for discovery motions in the Central District. 08-11.ĭiscovery Motions–Unique Joint Statement Procedure It must be prominently labeled CHAMBERS COPY on the face page and must include the NEF as the last page of the document. 08-02.ĭon’t Forget Your Courtesy Copy for the JudgeĪnother unusual requirement of the Central District is that chambers copies of all electronically filed documents must be delivered to the chambers of the assigned judge no later than 12:00 noon the business day following the filing date.

LR 11-5.2.Īs is the case with most United States District Courts, electronic filing and service of documents is generally required. Also, the entire document, including exhibits, must be numbered consecutively at the bottom of each page. Memoranda exceeding 10 pages must be accompanied by an indexed table of contents setting forth the headings or subheadings in the document, and by an indexed table of the cases, statutes, rules and other authorities cited. The hearing date, time and judge must appear on the first page under the title of the motion. The Central District has some very specific content and formatting requirements for motion papers. Unusually Specific Content and Formatting Requirements In case moving papers are served by mail, 31 days’ notice is required. Opposition and reply papers must be served and filed at least 21 and 14 days, respectively, before the hearing date. The moving party must provide 28 days’ notice with personal or electronic service. The notice periods for motions, oppositions and replies in the Central District are unusually long. Long Notice Periods–28 Days for Moving Papers, 21 and 14 Days for Opposition and Reply Papers 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.

” Conferences are not required on TRO’s or motions for preliminary injunction. Counsel for the moving party must include in the notice of motion the statement: “This motion is made following the conference of counsel pursuant to Local Rule 7-3 which took place on. If the motion must be filed within a specified period of time, the conference must take place at least 5 days prior to the last day for filing the motion, otherwise 10 days. The most unusual thing about motion practice in the Central District of California is that before bringing most types motions (not just discovery motions) counsel must confer in an attempt to resolve the issues to be raised in the motion. Non-Discovery Motions–Most Motions Require a Conference of Counsel Here’s what you really need to know about motion practice in the Central District of California. We’ve outlined the key provisions and highlighted the pitfalls. In this ongoing LLRX series, the editorial team of SmartRules will give you the tools to navigate motion practice in these busy federal courts with ease and grace.

#CALIFORNIA MOTION TO DISMISS PRO#

You know the Federal Rules backwards and forwards, but its compliance with the local rules that really makes a civil litigator look like a pro to colleagues and clients, and leaves the opposition in the dust.

California motion to dismiss