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Sunday, November 29, 2020

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Hon. Marco A. Hernández, Chief Judge

Mary L. Moran, Clerk of Court

Local Rules of Civil Procedure

LR 5 - Service and Filing of Pleadings and Papers

(See Fed. R. Civ. P. 5)

LR 5-1 Types of Filers; Implications for Receipt of Service

(a) Registered Users

  1. Attorneys admitted to the bar of this Court pursuant to LR 83-1, LR 83-3, and LR 83-4 must register and maintain active accounts with PACER (pacer.uscourts.gov) and register to e-file in CM/ECF. Upon registration, attorneys are deemed to be Registered Users for purposes of these Local Rules.
  2. A pro se party who is not incarcerated may apply to the assigned judge for permission to become a Registered User by submitting a request to e-file. Upon application, a pro se party consents to electronic service via CM/ECF.  If the request is approved, that individual will become a Registered User in the specific case.
  3. Unless otherwise limited by these rules, Registered Users must file all pleadings, documents (including attachments and exhibits), and other papers electronically through CM/ECF. 

Practice Tip

Instructions and requirements for applying to e-file as a pro se party are available on the Court's website at ord.uscourts.gov. 

(b) Non-Registered Users

Non-Registered Users must file all documents with the Clerk's Office in paper form.

A filing party is responsible for perfecting service on a Non-Registered User in any manner permitted by the Federal Rules of Civil Procedure or these local rules and for filing a Certificate of Service.

LR 5-2 Electronic Filing

(a) CM/ECF User Manual

Registered Users must follow the electronic filing requirements as described in detail in the CM/ECF User Manual on the Court's website at ord.uscourts.gov. This manual may be updated periodically to conform to new releases or features of CM/ECF. Notice of any updates will be posted on the Court's website.

(b) Text-Searchable PDF Files Required

All pleadings and documents, including attachments and exhibits, must be filed as text-searchable PDF files, unless otherwise directed by the Court.

(c) Hyperlinks

  1. Authorization

    Electronically filed documents may contain hyperlinks to other portions of the same document and/or hyperlinks to a location on the Internet that contains a source document for a citation.

  2. Citation Format

    Hyperlinks to cited authority do not replace standard citation format. Complete citations must be included within the text of the document. Neither a hyperlink, nor any site to which it refers, is considered part of the record. Hyperlinks are simply convenient mechanisms for accessing material cited in an electronically filed document.

  3. Disclaimer

    The Court neither endorses nor accepts responsibility for any product, organization, or content at any hyperlinked site, or at any site to which that site may be linked.

(d) Facsimile (FAX) Filings (See Fed. R. Civ. P. 5(d))

Facsimile filings are not allowed except in emergency situations, and then only when expressly approved in advance by the assigned judge and coordinated with the Clerk's Office.

(e)Exception for Filing of Administrative Records in Cases Seeking Judicial Review of Agency Actions

  1. Agency counsel filing an administrative record in cases seeking review of an agency action, as defined in the statute authorizing such review, must either:
    1. File the administrative record electronically and provide a paper judge's copy (see LR 5-8); or
    2. File a CD-ROM containing the administrative record as a physical exhibit by submitting it to the Clerk's Office attached to a Notice of Filing of the Administrative Record.  The Clerk's Office will docket the CD-ROM as a physical exhibit to the Notice.  The Clerk's Office will not transfer the content of the CD-ROM to CM/ECF, but in the event of appeal, will transmit the CD-ROM as part of the record.  When filing the notice, the agency's counsel must submit to the Clerk's Office a judge's copy of the CD-ROM.
  2. This exception does not apply to Social Security disability benefit appeals arising under 42 U.S.C. §§ 405(g) and 1383(c).
Practice Tip
In actions arising under 42 U.S.C. §§ 405(g) and 1383(c), agency counsel must file the administrative record as directed by Standing Order 2016-12, In re: The Electronic Filing of the Administrative Record in Social Security Cases.

LR 5-3 Filing Availability and Deadline

(a) Availability

  1. Electronic filing via CM/ECF is permitted at all times, except when the system is temporarily unavailable.
  2. For after-business hours filing of documents in paper form, see LR 77-2.

(b) Deadline

The filing deadline for any document is 11:59 p.m. (Pacific Time) on the day the document is required to be filed.

(c) Completion of Filing

A document will be considered filed when all components of the document reside in the official court record.

(d) Scheduled Court Proceedings

If an electronic filing relates to a scheduled court proceeding that is to be held within three business days of the filing, the filing party must concurrently telephone or e-mail the assigned judge's courtroom deputy to request that chambers be promptly notified of the e-filing.

LR 5-4 Documents that Must be Filed in Paper

The following documents cannot be filed electronically and must instead be filed in paper:

  1. Sealed and In Camera Documents Not Filed Electronically. Except those documents authorized for filing by a Registered User under seal pursuant to a protective order in a civil case, sealed and in camera documents must be filed in paper. (See also LR 3-6, LR 3-7, and LR 26-4(b) and (c).)
  2. Individually Identifiable Health Information Protected under HIPAA. (See also 45 C.F.R. § 160.103.)

Practice Tips

(1) Return of Service documents must be electronically filed.

(2) See Local Rule 10 for paper formatting requirements.

LR 5-5 Exhibits

(a) Demonstrative, Physical, or Oversized Exhibits

Demonstrative, physical, or oversized exhibits need not be filed electronically.

(b) Trial Exhibits

Electronic trial exhibits are to be submitted to the Clerk's Office per the requirements and procedures as described in "Submission Requirements for Electronic Trial Exhibits" found on the Court's website. Physical exhibits are to be handled in accordance with the trial judge's instructions.

LR 5-6 Clerk's Conversion of a Paper Filing into an Electronic Replacement

Clerk's Office staff may scan and convert a paper filing in its entirety to an electronic replacement for posting to the CM/ECF system. If a clerk does so, the paper filing may be returned to the filing party or disposed of in accordance with guidance from the Administrative Office of the U.S. Courts.

LR 5-7 Transcripts

Transcripts of courtroom proceedings held before judicial officers will be electronically filed.

LR 5-8 Judge's Paper Copy Requirements (See LR 10-1 and Practice Tips)

(a) Registered Users

Unless otherwise ordered by the Court, a paper copy, properly fastened pursuant to LR 10-1(f), of the following electronically filed documents, and the Notice of Electronic Filing, must be marked as a "JUDGE'S COPY" and delivered to the Clerk's Office within three business days after the electronic filing: dispositive motions and motions for injunctive relief (including all related documents); Social Security administrative records; and any other documents (including all related documents) that, in the aggregate, are in excess of ten pages.

(b) Non-Registered Users

Non-Registered Users are not required to provide a judge's copy unless otherwise ordered.

LR 5-9 Documents Not Filed With the Court

(a) Documents Retained by Parties

Unless required by the Court in a particular proceeding, the following documents must be retained by the parties and not filed with the Court:

  1. Notices of depositions and transcripts (see LR 27 and LR 30);
  2. Interrogatories and responses (see LR 33);
  3. Requests for production and responses (see LR 34);
  4. Requests for admissions and responses (see LR 36);
  5. Expert witness disclosures (see LR 16 and LR 26);
  6. Unaccepted offers of judgment (see LR 68); and
  7. Initial Disclosures. (see LR 26)

(b) Service of Non-Filed Documents on Parties

Any document enumerated in LR 5-9(a) served pursuant to Fed. R. Civ. P. 5 must also be provided concurrently to a party by e-mail. Interrogatories, requests for production, and request for admissions must be e-mailed in a word processing  agreed upon by the parties.

Commentary
The purpose of LR 5-9(a)-(b) is to allow counsel to prepare responses to discovery documents easily and efficiently. This rule does not affect the prescribed period for taking any action in response to the document, which is calculated according to the selected method of service.

(c) Proposed Forms of Orders or Judgments (See LR 10-7)

  1. Proposed forms of orders or judgments should not be submitted unless stipulated to by the parties or requested by the Court.
  2. When requested by the Court, a proposed form of order or judgment submitted by counsel must include the words "SUBMITTED BY."
    Example SUBMITTED BY: John Q. Attorney
    John Q. Attorney
    OSB # 999-99999
    (541) 999-9999
    Attorney for Plaintiff Smith Corporation, Inc.
  3. If requested, the proposed document should be e-mailed to the applicable judge. See Practice Tips for an example.

Practice Tip

(1) E-mail addresses in the following format have been established for each Chambers to receive submitted jury instructions and proposed forms of order under LR 5-9(c): . In this example, the initials HZ are for Judge Hernandez and the initials are to change for each judge.

 (2) Contact chambers for preferred electronic file format.

(d) Return of Unfiled Documents or Correspondence

The Clerk will not accept for filing any courtesy or information copies of documents or correspondence exchanged between the parties unless they are contemporaneously filed as an exhibit or appendix to a pleading or other document.

(e) Letter Correspondence to the Court

Unless directed by the Court, letters to the Court will not be docketed. (See Fed. R. App. P. 10(a) for guidance about including undocketed correspondence in the official record on appeal.)

LR 5-10 Request for Conformed Copies

A party may request the Clerk to conform a copy of any document presented on paper for filing. However, the filing party must provide the Clerk with a copy of the document and a postage-paid, addressed return envelope if the copy is to be returned by mail.

LR 5-11 Court Orders and Judgments

Every order or other Court-issued document filed electronically without the original signature of a judge or Clerk has the same force and effect as if the judge or Clerk had signed a paper copy of the order and it had been entered on the docket in a conventional manner. Orders may also be issued as "text only" entries on the docket, without an attached document.

Practice Tip - Mailing Judgments to Registered Users

In accordance with Fed. R. Civ. P. 5(b) and 77(d), the Clerk's Office does not mail a paper copy of electronically filed judgments to Registered Users who have been electronically served.

LR 5-12 Retention Requirements (See LR 10-3)

(a) Documents Containing Original Signatures of Non-Registered Users

Electronically filed documents such as affidavits or declarations under penalty of perjury that contain original signatures of persons who are not Registered Users must be maintained in their original paper form by the Registered User until the later of:

  1. The final disposition of the case, including appeal or expiration of the time for appeal; or
  2. The expiration of any relevant statute of limitations.

(b) Production of Original

On request of the Court or a party, the Registered User must provide the document for review.

LR 5-13 Personal Privacy Issues (See also LR 10-3)

Information available through CM/ECF may not be downloaded for uses inconsistent with the privacy concerns of any person.

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