Effective June 1, 2006

LR 10 - FORM OF PLEADINGS (See Fed. R. Civ. P. 10)

LR 10.1 Format Requirements

(a) Paper Requirements

Pleadings and documents must be presented on 8 ½" x 11" unnumbered white paper of good quality (not less than 13-pound weight ), flat and unfolded, without back or cover, pre-punched with two (2) holes (approximately 1/4" diameter) centered 2-3/4" apart and ½" to 5/8" from the top of the paper.

(b) Legibility

Pleadings and documents must be typewritten, neatly printed, or otherwise legibly reproduced, using blue or black ink, and presented on one side only.

(c) Line Spacing

All papers must be double-spaced except for the identification of counsel, title of the case, footnotes, quotations, and exhibits.

(d) Minimum Type Size for Text, Footnotes and Endnotes

Typewritten materials, including footnotes and endnotes, must be presented using fonts of at least twelve (12) point type size that produce a maximum of ten (10) typed characters per inch.

(e) Page Margins

Pleadings and documents tendered for filing must have one (1) inch margins on the top, bottom, left, and right sides.

(f) Stapled or Fastened

All pleadings and documents one (1) inch or less in thickness must be stapled in the upper left hand corner. Larger documents must be secured by a permanent fastening device.

(g) Pagination Requirements

(1) Every page of a pleading or document (not including attachments or exhibits) must contain a brief description of the pleading or document, and a consecutive page number at the bottom of the page.

(2) All exhibits or attachments to pleadings and documents will be clearly numbered.

Practice Tip

A footer need not be included on exhibits or attachments. Exhibits or attachments must be clearly numbered, either in the original or with numbers added by counsel, so that a particular page of the exhibit can be easily located by the Court and counsel.

(h) Interlineation (See LR 15.1(e))

LR 10.2 Caption Requirements (See LR 15.1 and Appendix of Forms #6)

(a) Counsel Information

Type counsel information in the upper left corner on the first page, starting one (1) inch from the top of the page on unnumbered paper. An example of how to format this information is presented below:

Example

First Attorney’s Name Oregon State Bar ID Number First Attorney's Internet E-mail address Second Attorney’s Name Oregon State Bar ID Number Second Attorney's Internet E-mail address Firm name Mailing address or residence address if no office is maintained City, State and 9-digit zip code Area Code and Telephone Number Facsimile Telephone Number Attorney(s) for Plaintiff Smith Corporation, Inc.

 

 

Practice Tip

1. Identifying Lead Counsel: List the name of the attorney who has primary litigation responsibility for the case first; - - then - - if other attorneys are affiliated with the case, you may include them on subsequent lines. However, paper notices from the Court will be sent only to “lead counsel” (if local) or to local counsel exempt from CM/ECF registration (See LR 83.1(e)). Reference may also be made to the signature page for a complete list of counsel submitting the document for filing.

2. Identifying Associate (Out-of-State) Counsel: Always list out-of-state counsel in a subsequent paragraph below the local Oregon counsel name and address information. Paper notices from the Court will only be sent to local Oregon attorneys exempt from CM/ECF. registration. (See LR 83.1(e)).

(b) Court Title

Double space, capitalize and center the title of the Court at least one (1) inch below the last line of the counsel information paragraph, e.g., :

Example

UNITED STATES DISTRICT COURT DISTRICT OF OREGON

(c) Clerk's Authorization to Return Documents

The clerk is directed to return without filing, and without action, all documents and papers presented for filing that do not comply with the requirements of LR 10.2(b). The offering party should be directed to re-submit the document(s) to comply with court titling requirements of the local rule.

(d) Party Names

Single space the names of the parties along the left margin, four (4) lines from the bottom of the court title. If the parties are too numerous, the names may be continued on the second or successive pages in the same space.

Practice Tip

Representation in Multi-Party Cases: In multi-party cases, counsel must clearly identify the specific party or parties they are representing when not representing all plaintiffs or defendants. The actual names of parties should be capitalized and bold-faced, with all other relevant party information typed in a plain text format, e.g. SMITH CORPORATION, an Oregon Corporation, and JOHN S. SMITH , individually and in his official capacity, PLAINTIFFS,

(e) Eliminate Brackets Following Party Name Information

Do not use brackets ")" to set off party names from the document title.

(f) Case Number

Right justify the case number on the same line as the first named plaintiff. The case number will be assigned by the Clerk's Office at the time the initial filing is made, and should appear on all subsequent filings, e.g., :

Example

04-CV-1111-RE

(g) Document Title

At least two lines below the case number, single space and capitalize a concise description of the nature of the document.

Example

COMPLAINT Personal Injury Action (28 U.S.C. § 1332) DEMAND FOR JURY TRIAL

LR 10.3 Affidavits and Declarations

(a) Filed Separately

Affidavits or declarations will be filed separately from the underlying document, and must include the name of the related document within the document title, e.g.:

Example

AFFIDAVIT OF JOHN S. HONEST, Esquire In Support of Plaintiff Smith Corporation's Motion for Summary Judgment

(b) Signature Notarized

The affiant's signature on the affidavit must be notarized.

(c) Unsworn Declaration

An unsworn declaration under penalty of perjury may be filed pursuant to 28 U.S.C. §1746. (See also LR 100.6 and LR 100.10).

LR 10.4 Claims of Unconstitutionality

(a) Motion Requirements

In any case in which the constitutionality of an Act of Congress is brought into question and the United States or any agency, officer, or employee thereof is not a party; or a statute of a state is brought into question and that state or any agency, officer, or employee thereof is not a party; then the party raising the constitutional issue must file a motion (and memorandum in support) that the case be certified in accordance with 28 U.S.C. § 2403.

(b) Proposed Certification

In addition to the motion and memorandum, the moving party will also conventionally file two (2) copies of a proposed form of certification for execution and transmission by the Court to either the Attorney General of the United States or the State Attorney General, as appropriate.

LR 10.5 Multi-District Litigation (See 28 U.S.C. § 1407)

LR 10.6 Patent, Trademark, or Copyright Cases

(a) Document Title

The word PATENT, TRADEMARK or COPYRIGHT must appear in the narrative description of the document initial complaint, e.g., ;

Example

COMPLAINT FOR TRADEMARK INFRINGEMENT Jury Demand Requested

(b) Pleading Requirements

In a separately numbered paragraph within the body of the complaint, the filing party must identify the owner’s full name; date of issuance; and the registration number of the relevant patent, trademark, or copyright.

LR 10.7 Removal Actions (See 28 U.S.C. §1441, et seq. )

LR 10.8 United States as a Party (See 28 U.S.C. §2401, et seq.)

LR 10.9 Individuals With Disabilities Education Act (IDEA) Cases

(a) Document Title Requirements

The words INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA) must appear in the description of the document title, e.g., :

Example

COMPLAINT Individuals with Disabilities Education Act (IDEA)

(b) Court Scheduling Order (See Appendix of Forms #7)

LR 10.10 Page Limitations Cross Reference Guide (See Appendix of Forms #8)