Local Civil Rule 10

LOCAL CIVIL RULE 10 - FORM OF PLEADINGS

LR10.1E Form: Statement Regarding Filing of Papers
LR10.1M Form: Statement Regarding Filing of Papers
LR10.1W Form: Statement Regarding Filing of Papers
LR10.2E Consolidated Cases
LR10.2M & W Consolidated Cases
LR10.3 Constitutional Questions

LR10.1E Form: Statement Regarding Filing of Papers

All papers drafted for filing in this court shall be on 8-1/2 by 11 inch paper, plainly written or printed without defacing erasures or interlineations, and shall be double spaced, except that quotations and footnotes may be single spaced. If a document consists of more than three (3) pages, each page of the document shall bear a sequential number, beginning with "1" for the first page.

On the first page of each document, the left and right margins will be one inch from the edge of the page, the top margin will be two and one-half inches, and the bottom margin will be one and one-half inches. On subsequent pages, all margins will be no less than one inch. No print or writing, except the page numbers, shall appear in the margins, and page numbers shall not be less than one-half inch from the bottom of the page.

In addition to the requirements of FRCvP 10(a), the caption shall also indicate the Division and Section (as applicable and after allotment), and the judge and the magistrate judge to whom the case is assigned.

A completed and executed Civil Cover Sheet form shall accompany the initial pleading of each civil case to be filed, except that such requirement shall not apply to persons in the custody of civil, state or federal institutions or to persons filing cases pro se. [Amended July 17, 2000]

LR10.1M Form: Statement Regarding Filing of Papers

All papers drafted for filing in this court shall be on 8-1/2 by 11 inch paper, numbered sequentially, and plainly written or printed in no smaller than standard 12-point typeface without defacing erasures or interlineations, and shall be double spaced. Footnotes may be printed in no smaller than standard 10-point typeface. Quotations and footnotes may be single spaced.

In addition to the requirements of FRCvP 10(a), after allotment the caption shall also indicate the initials of the judge and the magistrate judge to whom the case is assigned. (e.g., 00-204-FJP-SCR). [Amended July 15, 2005]

All memoranda shall comply with LR7.8M. [Amended June 28, 2002]

LR10.1W Form: Statement Regarding Filing of Papers

All papers drafted for filing in this court shall be on 8-1/2 by 11 inch paper, plainly written or printed without defacing erasures or interlineations, and shall be double spaced, except that quotations and footnotes may be single spaced. If a document consists of more than three (3) pages, each page of the document shall bear a sequential number, beginning with "1" for the first page.

In addition to the requirements of FRCvP 10(a), the caption shall also indicate the Division and Section (as applicable and after allotment), and the district judge and the magistrate judge to whom the case is assigned.

LR10.2E Consolidated Cases

Unless otherwise ordered by the court, where cases are consolidated, whether for trial only or otherwise, the caption of all papers filed after the consolidation shall list the name and docket number of the lowest numbered case in the group, with words indicative of the consolidation. This shall be followed by a listing of the docket numbers of only those cases to which the paper applies or if it pertains to all cases, with a notation "all cases."

The caption of the lowest numbered case will serve as the identifying caption during the pendency of the consolidation and will continue to be used even if that particular case is closed.

In the event that a case is separated from the consolidation, the attorneys of record shall be responsible to jointly designate the documents in the master record deemed necessary to the continued litigation of the separated case and to file such designation and copies of the documents with the clerk within five days of the deconsolidation order.

LR10.2M & W Consolidated Cases

Unless otherwise ordered by the court, where cases are consolidated, whether for trial only or otherwise, the caption of all papers filed after consolidation shall list first the name and docket number of the lowest numbered case in the group, with words indicative of the consolidation. This shall be followed by a listing of the names and docket numbers of only those cases to which the paper applies. Attorneys shall furnish copies of papers filed according to the number of cases to which the papers apply.

The caption of the lowest numbered case will serve as the identifying caption during the pendency of the consolidation and will continue to be used even if that particular case is closed.

LR10.3 Constitutional Questions

Whenever the constitutionality of any act of Congress is, or is intended to be, drawn into question in any suit or proceeding to which the United States, or any agency, officer or employee thereof as such officer or employee, is not a party, counsel for the party raising or intending to raise the constitutional issue shall notify the court, in writing, of the existence of that question (to enable the court to comply with 28 USC 2403). A copy of such notice shall be served upon each of the other parties. The notice shall give the title of the cause, a reference to the questioned statute sufficient for its identification, and the respects in which the statute is claimed to be unconstitutional.