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Friday, September 24, 2021

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Hon. Marco A. Hernández, Chief Judge

Mary L. Moran, Clerk of Court

LR 4 - Summons

(See Fed. R. Civ. P. 4)

LR 4-1 Summons (See Fed. R. Civ. P. 4(a) and (b))

All summonses, along with sufficient copies for service, will be prepared by the filing party and presented to the clerk for issuance. The clerk will issue summons electronically, except in cases where the filing party is pro se.

LR 4-2 Amended Summons (See Fed. R. Civ. P. 4(a))

An amended summons must be titled AMENDED SUMMONS, must be reproduced without interlined changes, and must be served pursuant to Fed. R. Civ. P. 4(c).

LR 4-3 Service by U.S. Marshals Personnel (See Fed. R. Civ. P. 4(c)(3))

Unless required by law or statute, or upon application for good cause shown and subsequent court order, U.S. Marshals Office personnel will not serve the complaint and summons in private civil actions.

LR 4-4 Waiver of Service of Summons - Option (See Fed. R. Civ. P. 4(d))

(a) Time Limits (See Fed. R. Civ. P. 4(d)(1)(F))

Unless otherwise permitted by the Court, the reasonable time to return the waiver is 30 days from the date on which the request is sent, or 60 days from the date if the defendant is addressed outside any judicial district of the United States.

(b) Motion to Collect the Cost of Service (See Fed. R. Civ. P. 4(d)(2))

A motion and affidavit or declaration to recover costs of service pursuant to Fed. R. Civ. P. 4(d)(2) must include:

  1. Certification of the actions taken to implement the waiver of service option;
  2. Itemization of the costs incurred in effecting service pursuant to Fed. R. Civ. P. 4(e), (f), or (h); and
  3. Explanation of the method and rates used to calculate any reasonable attorney fees associated with the motion.

Amendment History to LR 4
June 1, 2006
Generally References to Appendix of Forms updated.
December 1, 2009
LR 4-3 Changed reference to Fed. R. Civ. P. 4(c)(3).
LR 4-4(a) Changed reference to Fed. R. Civ. P. 4(d)(1)(F).
LR 4-4(b) Changed reference to Fed. R. Civ. P. 4(d)(2).
Generally Cross-references updated and reference to Appendix of Forms deleted.
March 1, 2012
LR 4-3 Correction of references to U.S. Marshals Office by removal of the apostrophe before the "s."
March 1, 2014
LR 4 Generally, italicized the word "See" in the section captions and rule references.
LR 4-4(a) Changed "thirty (30)" to "30" and "sixty (60)" to "60."
May 1, 2015
LR 4-1 Added that summons are to be issued electronically except for matters in which the filing party is pro se.
March 1, 2017
LR 4-1 Corrected spelling of "electronically."
LR 4-2 Added "or declaration" after "affidavit."

LR 1 - Scope and Purpose

LR 3 - Commencement of Action

LR 4 - Summons

LR 5 - Service and Filing of Pleadings and Papers

LR 5.2 - Redaction of Filings

LR 6 - Computing Time After Service

LR 7 - Motions Practice

LR 7.1 - Disclosure Statement

LR 10 - Form of Pleadings and Other Documents

LR 11 - Signature Requirements

LR 15 - Amended and Supplemental Pleadings

LR 16 - Pretrial Conferences, Scheduling, and Case Management

LR 23 - Class Actions

LR 26 - Discovery

LR 27 - Depositions: Before Action or Pending Appeal

LR 28 - Depositions in a Foreign Country

LR 29 - Stipulations About Discovery Procedure

LR 30 - Depositions

LR 33 - Interrogatories

LR 34 - Requests for Production

LR 36 - Requests for Admission

LR 37 - Motions to Compel

LR 38 - Right to a Jury Trial

LR 40 - Scheduling Cases for Trial

LR 41 - Dismissal of Action

LR 42 - Consolidation; Separate Trials

LR 45 - Subpoena

LR 47 - Selecting Jurors

LR 48 - Jurors and Participation in the Verdict

LR 51 - Instructions to the Jury

LR 54 - Bill of Costs and Attorney Fees

LR 55 - Default

LR 56 - Summary Judgment

LR 65 - Injunctions and Restraining Orders

LR 65.1 - Securities and Sureties

LR 67 - Deposits in Court

LR 68 - Offer of Judgment

LR 72 - Magistrate Judges: Pretrial Order

LR 73 - Magistrate Judges: Trial by Consent

LR 77 - Conducting Business; Clerk's Authority; Notice of an Order or Judgment

LR 79 - Records Kept by the Clerk

LR 81 - Habeas Corpus Petitions

LR 83 - Rules and Directives - By the District Court

LR 100 - Rule Governing CM/ECF: Case Management and Electronic Case Filing - Practices

Timetable for Lawyers