Deficiency Codes

Deficiency codes are assigned to a docket entry during QC review by a docket clerk. The docket clerk typically issues a "Notice of Deficient Document" as a subsequent docket entry. This entry specifies a code that corresponds to one of the below corrective actions that an attorney need to address. To see a more detailed description of a deficiency code, click the code number.

 

01

Incorrect, illegible or incomplete document or improper formatting of PDF

02

Attachment should have been a separate document

03 Improper heading/caption/form of pleading
04 Two or more documents filed as one
05 One motion filed with both dispositive and discovery reliefs
06 Another attorney represents this party
07 Pleadings over 25 pages/Reply brief over 10 pages
08 Certificate of good standing/Affidavit stating no criminal or disciplinary matters/address of phv attorney not provided
09 Certificate stating matter cannot be amicably resolved not provided
10 Statement stating objection or no objection by opposing party not provided
11 Statement of material facts not provided
12 Memorandum or Notice of Submission not provided
13 Party address information not provided/Original signatures of attorney withdrawing & attorney enrolling not provided
14 Signed affidavit not provided
16 Certificate of no opposition in record or all parties have been contacted not provided
17 Proposed pleading as attachment to motion for leave to file not provided
18 Leave of court is required to file this document

 

 

 

01

Incorrect, illegible or incomplete document or improper formatting of PDF

 

LR10.1 - All documents filed in this court must be in 8-1/2 by 11 inch format, legibly written or printed without defacing erasures or interlineations, and must be double spaced, except that quotations and footnotes may be single spaced. If a document consists of more than two (2) pages, each page of the document must bear a sequential number, beginning with "2" for the second page.

Standard font must be used. The court may refuse to consider text presented in less than standard font, such as small or fine typeface. All margins must be no less than one inch. No print or writing, except page numbers, must appear in the margins, and page numbers must not be less than one-half inch from the bottom of the page.

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

A completed and executed Civil Cover Sheet form must accompany the initial pleading of each civil case, but this requirement does not apply to persons in the custody of civil, state or federal institutions or to persons filing cases pro se.

 

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02

Attachment should have been a separate document

 

LR10.1 - All documents filed in this court must be in 8-1/2 by 11 inch format, legibly written or printed without defacing erasures or interlineations, and must be double spaced, except that quotations and footnotes may be single spaced. If a document consists of more than two (2) pages, each page of the document must bear a sequential number, beginning with "2" for the second page.

Standard font must be used. The court may refuse to consider text presented in less than standard font, such as small or fine typeface. All margins must be no less than one inch. No print or writing, except page numbers, must appear in the margins, and page numbers must not be less than one-half inch from the bottom of the page.

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

A completed and executed Civil Cover Sheet form must accompany the initial pleading of each civil case, but this requirement does not apply to persons in the custody of civil, state or federal institutions or to persons filing cases pro se.

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> 03

Improper heading/caption/form of pleading

 

LR10.1 - All documents filed in this court must be in 8-1/2 by 11 inch format, legibly written or printed without defacing erasures or interlineations, and must be double spaced, except that quotations and footnotes may be single spaced. If a document consists of more than two (2) pages, each page of the document must bear a sequential number, beginning with "2" for the second page.

Standard font must be used. The court may refuse to consider text presented in less than standard font, such as small or fine typeface. All margins must be no less than one inch. No print or writing, except page numbers, must appear in the margins, and page numbers must not be less than one-half inch from the bottom of the page.

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

A completed and executed Civil Cover Sheet form must accompany the initial pleading of each civil case, but this requirement does not apply to persons in the custody of civil, state or federal institutions or to persons filing cases pro se.

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04

Two or more documents filed as one

 

LR7.1 - All motions, except those made on the record during a hearing or trial, must be in writing and filed pursuant to LR 5.1. Documents accompanying the motion are thereby filed in the record.

LR5.1 - All documents must be filed with the clerk of court in the manner provided in the court’s Administrative Procedures for Electronic Case Filings and Unique Procedures and Practices for Electronic Filings, available at www.laed.uscourts.gov.

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05

One motion filed with both dispositive and discovery reliefs

 

LR7.1 - All motions, except those made on the record during a hearing or trial, must be in writing and filed pursuant to LR 5.1. Documents accompanying the motion are thereby filed in the record.

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06

Another attorney represents this party

 

LR83.2.12 - Where counsel has appeared for any party, other counsel may appear for the same party only:

A. Upon motion of counsel of record for that party, or motion consented to by him or her; or

B. Upon motion, after counsel for the party has been permitted to withdraw or has died, or is incapacitated, or cannot be found; or

C. Upon motion of a party after notice to counsel of record.

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07

Pleadings over 25 pages/Reply brief over 10 pages

 

LR7.7 - Except with prior leave of court, a trial brief or memorandum supporting or opposing a motion must not exceed 25 pages, excluding exhibits, and a reply brief or memorandum must not exceed 10 pages, excluding exhibits.

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08

Certificate of good standing/Affidavit stating no criminal or disciplinary matters/address of phv attorney not provided

 

LR83.2.5 - Any member in good standing of the bar of any court of the United States or of the highest court of any state and who is ineligible to become a member of the bar of this court, may, upon written motion of counsel of record who is a member of the bar of this court, by ex parte order, be permitted to appear and participate as co-counsel in a particular case.

The motion must have attached to it a certificate by the presiding judge or clerk of the highest court of the state, or court of the United States, where he or she has been so admitted to practice, showing that the applicant attorney has been so admitted in such court, and that he or she is in good standing therein.

The applicant attorney must state under oath whether any disciplinary proceedings or criminal charges have been instituted against him or her, and if so, must disclose full information about the proceeding or charges and the results thereof.

An attorney thus permitted to appear may participate in a particular action or proceeding in all respects. The clerk must register all attorneys admitted to the bar of this court, including those admitted pro hac vice, as Filing Users of the court’s Electronic Filing System.

Registration as a Filing User constitutes consent to electronic service of all documents as provided in these rules in accordance with the Federal Rules of Civil Procedure. The clerk must provide Filing Users with a user log-in and password once registration and required training are completed.

When an attorney applies to be admitted or is admitted to this court for purposes of a particular proceeding (pro hac vice), the attorney is deemed thereby to have conferred disciplinary jurisdiction upon this court for any alleged misconduct of that attorney arising in the course of or in preparation for the proceeding. In addition to visiting counsel, local counsel is responsible to the court at all stages of the proceedings. Designation of the visiting attorney as "Trial Attorney" pursuant to LR11.2 does not relieve local counsel of the responsibilities imposed by this rule.

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09

Certificate stating matter cannot be amicably resolved not provided

FRCP 37(a)(1) - On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action.

LCrR12 - These discovery motions shall be accompanied by a certificate of counsel for the moving party stating that counsel have conferred in person or by telephone for the purpose of amicably resolving the issues and stating that they are unable to agree or stating that opposing counsel has refused to so confer after reasonable notice. Counsel for the moving party shall arrange the conference.

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10

Statement stating objection or no objection by opposing party not provided

 

LR7.6 - Before filing any motion for leave to intervene, amend pleadings or file a third-party complaint, the moving party must attempt to obtain consent for the filing and granting of the motion from all parties having an interest to oppose. If consent is obtained, the motion need not be assigned a submission date, but must be accompanied by a proposed order and include a certification by counsel for the moving party of the consent of opposing counsel.

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11

Statement of material facts not provided

 

LR56.1 - Every motion for summary judgment must be accompanied by a separate and concise statement of the material facts which the moving party contends present no genuine issue.

LR56.2 - Any opposition to a motion for summary judgment must include a separate and concise statement of the material facts which the opponent contends present a genuine issue. All material facts in the moving party’s statement will be deemed admitted, for purposes of the motion, unless controverted in the opponent’s statement.

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12

Memorandum or Notice of Submission not provided

 

LR7.4 - All contested motions must be accompanied by separate memoranda which must contain a concise statement of reasons supporting the motion and citations of authorities. If the motion requires consideration of facts not in the record, the movant must also file and serve upon opposing counsel a copy of all evidence supporting the motion. Memoranda may not be supplemented, except with leave of court.

LR7.2 - Counsel filing a motion must, at the time of filing, notice it for submission within a reasonable time.

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13

Party address information not provided/Original signatures of attorney withdrawing & attorney enrolling not provided

 

LR83.2.11 - The original counsel of record must represent the party for whom he or she appears unless the court permits him or her to withdraw from the case. Counsel of record may obtain permission only upon joint motion (of current counsel of record and new counsel of record) to substitute counsel or upon a written motion served on opposing counsel and the client. If other counsel is not thereby substituted, the motion to withdraw must contain the present address of the client and the client’s telephone number if the client can be reached by telephone. The motion must be accompanied by a certificate of service, including a statement that the client has been notified of all deadlines and pending court appearances, served on both the client by certified mail and opposing counsel, or an affidavit stating why service has not been made.
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14

Signed affidavit not provided

 

FRCP 55(a) - When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.

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16

Certificate of no opposition in record not provided

 

LR7.8 - Upon certification by a moving party that there has been no previous extension of time to plead and that the opposing party has not filed in the record an objection to an extension of time, on ex parte motion and order, the court must allow one extension for a period of 21 days from the time the pleading would otherwise be due. Further extensions will not be granted by stipulation, but only upon motion and order of the court for good cause shown.

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17

Proposed pleading as attachment to motion for leave to file not provided

 

LR7.6 - Before filing any motion for leave to intervene, amend pleadings or file a third-party complaint, the moving party must attempt to obtain consent for the filing and granting of the motion from all parties having an interest to oppose. If consent is obtained, the motion need not be assigned a submission date, but must be accompanied by a proposed order and include a certification by counsel for the moving party of the consent of opposing counsel.

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18

Leave of court is required to file this document

LR7.4 - Supplemental Memorandum All contested motions must be accompanied by separate memoranda which must contain a concise statement of reasons supporting the motion and citations of authorities. If the motion requires consideration of facts not in the record, the movant must also file and serve upon opposing counsel a copy of all evidence supporting the motion. Memoranda may not be supplemented, except with leave of court.

FRCP 15(a) & (d) - Amended and Supplemental Pleadings

(a) AMENDMENTS BEFORE TRIAL. (1) Amending as a Matter of Course. A party may amend its pleading once as a matter of course within: (A) 21 days after serving it, or (B) 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. (2) Other Amendments. In all other cases, a party may amend its pleading only with the opposing party’s written consent or the court’s leave. The court should freely give leave when justice so requires.

(d) SUPPLEMENTAL PLEADINGS. On motion and reasonable notice, the court may, on just terms, permit a party to serve a supplemental pleading

FRCP 24(c) - INTERVENTION

(c) - NOTICE AND PLEADING REQUIRED. A motion to intervene must be served on the parties as provided in Rule 5. The motion must state the grounds for intervention and be accompanied by a pleading that sets out the claim or defense for which intervention is sought.

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