|F.R.Civ.P. 11. Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions|
L.R. 11-1 Signature of Counsel. All documents, except declarations, shall be signed by the attorney for the party or the party appearing pro se. The name of the person signing the document shall be clearly typed below the signature line.
L.R. 11-2 Facsimile Documents. Documents may not be transmitted by facsimile directly to the Clerk’s office for filing. However, copies of facsimile documents shall be accepted for filing, provided that they are legible. The original of any faxed document, including the original signature of the attorney, party or declarant, shall be maintained by the filing party until the conclusion of the case, including any applicable appeal period, subject to being produced upon order of the Court.
L.R. 11-3 Documents Presented to the Court - Form and Format
L.R. 11-3.1 Legibility. All pleadings, motions, affidavits, declarations, briefs, points and authorities, and all other papers and documents, including all exhibits thereto (hereinafter collectively referred to as “documents”), presented for filing or lodging with the Clerk, shall be typewritten or printed, or prepared by a photocopying or other duplicating process that will produce clear and permanent copies equally legible to printing, in black or dark blue ink.
L.R. 11-3.1.1 Typeface. Either a proportionally spaced or a monospaced face may be used. A proportionally spaced face must be 14-point or larger, or as the Court may otherwise order. A monospaced face may not contain more than 10-1/2 characters per inch.
L.R. 11-3.2 Paper. All documents shall be submitted on opaque, unglazed, white paper (including recycled paper) not less than 13-pound weight. The paper shall be 8 ½ x 11 inches, numbered on the left margin with not more than 28 lines per page. Only one side of the paper shall be used. The lines on each page shall be double spaced and numbered consecutively with line 1 beginning at least one inch below the top edge of the paper.
L.R. 11-3.3 Pagination. All documents shall be numbered consecutively at the bottom of each page.
L.R. 11-3.4 Original; Copies. The original of a document shall be labeled as the original and shall consist entirely of the original pages, except as otherwise allowed by these rules. All copies are to be clearly identified as such.
L.R. 11-3.5 Pre-Punching and Backing of Documents.1 All documents presented for filing or lodging in paper format, and mandatory chambers copies of electronic case filings, shall be pre-punched with two (2) normal-size holes (approximately 1/4" diameter), centered 2-3/4 inches apart, 1/2 to 5/8 inches from the top edge of the document. All pages shall be firmly bound at the top and backed. The backing shall extend not more than one (1) inch below the pages bound and have the short title of the document typed in the lower right hand corner.
L.R. 11-3.6 Spacing. The typing or printing on the document shall be double spaced, including citations and quotations.
L.R. 11-3.6.1 Footnotes - Exception. Footnotes may be single spaced.
L.R. 11-3.6.2 Real Property Description - Exception. The description of real property may be single spaced.
L.R. 11-3.6.3 Corporate Surety Bonds - Exception. Printed forms of corporate surety bonds and undertakings may be single spaced and have unnumbered lines if they comply generally with the space requirements of this rule.
L.R. 11-3.7 Quotations. Quotations from cited cases or other authorities more than one sentence in length shall be clearly indented not less than 5 spaces nor more than 20 spaces.
L.R. 11-3.8 Title Page.2 On the first page of all documents:
(a) The name, California bar number, office address (or residence address if no office is maintained), the telephone and facsimile numbers, and the e-mail address of the attorney or a party appearing pro se presenting the document shall be placed commencing with line 1 at the left margin. The e-mail address shall be placed immediately beneath the name of the attorney. Immediately beneath, the party on whose behalf the document is presented shall be identified. All this information shall be single spaced. When a document is presented, the information set forth in this paragraph shall be supplied for each attorney or party appearing pro se who joins in the presentation of that document.
(b) The space between lines 1 and 7 to the right of the center of the page shall be left blank for use by the Clerk.
(c) The title of the Court shall be centered on or below line 8.
(d) The names of the parties shall be placed below the title of the Court and to the left of center, and single spaced. If the parties are too numerous, the names may be continued on the second or successive pages in the same space. In all documents, after the initial pleadings, the names of the first-named party only on each side shall appear.
(e) The docket number of the case shall be placed to the right of the center of the page and immediately opposite the names of the parties on the first page. Immediately below the docket number shall appear a concise description of the nature of the document (e.g., notice of motion, memorandum in support or opposition). Immediately below the description shall appear the time and date of the hearing on the matter to which the paper is addressed.
(f) The title of a complaint or petition shall state the nature of the action or proceeding.
L.R. 11-3.9 Citations
L.R. 11-3.9.1 Acts of Congress. All citations to Acts of Congress shall include a parallel citation to the United States Code by title and section.
L.R. 11-3.9.2 Regulations. All citations to regulations shall include a citation to the Code of Federal Regulations by title and section, and the date of promulgation of the regulation.
L.R. 11-3.9.3 Cases. Initial citation of any United States Supreme Court case shall include parallel citations to United States Reports, Lawyer’s Edition, and Supreme Court Reporter. Federal Reporter, Federal Supplement or Federal Rules Decisions citations shall be used where available. Initial state court citations shall include both the official reports and any regional reporter published by West Publishing Company. California parallel citations may be limited to the official reports and California Reporter.
L.R. 11-4 Copies
L.R. 11-4.1 In General.3 All documents filed in paper format, including exhibits to documents, shall be filed with one clear, conformed and legible copy for the use of the judge. Unless the assigned judge’s orders or written procedures otherwise specify, a mandatory chambers copy of all electronically filed documents shall be delivered to the assigned judge in accordance with General Order 08-02 or any successor General Order.
L.R. 11-4.2 Three-Judge Court.4 If the matter is one that is to be heard by a three-judge court, three paper copies shall be provided in accordance with General Order 08-02 or any successor General Order.
L.R. 11-4.3 Carbon Copies.5 [DELETED]
L.R. 11-4.4 Conformed Copy. Copies shall be conformed to the original but need not be executed. Conformed copies shall be identical to the original in content, pagination, additions, deletions and interlineations.
L.R. 11-4.5 Request for Conformed Copy.6 If the party presenting a document for filing in paper format requests the Clerk to return a conformed copy by United States mail, an extra copy shall be submitted by the party for that purpose accompanied by a postage-paid, self-addressed envelope.
L.R. 11-5 Exhibits to Documents
L.R. 11-5.1 Non-Paper Physical Exhibits.7 Non-paper physical exhibits shall not be attached to any document. A non-paper physical exhibit shall be placed in a secure container identified by the case name and number, and the name, address and telephone number of the submitting party, and lodged with a separately filed Notice of Lodging. CM/ECF users shall first file electronically a Notice of Manual Filing setting forth the reason(s) why the exhibit cannot be filed electronically and present the Notice of Electronic Filing with the exhibits to be lodged.
L.R. 11-5.2 Numbering.8 Unless compliance is impracticable, a paper exhibit shall be scanned and electronically filed with the document to which it relates and shall be numbered at the bottom of each page consecutively to the principal document.
L.R. 11-5.3 Exhibit Number. The exhibit number shall be placed immediately above or below the page number on each page of the exhibit. Exhibits shall be tabbed in sequential order.
L.R. 11-5.4 Size of Paper.9 Exhibits shall not exceed 8 ½ x 11 inches in size and should be scanned and electronically filed whenever practicable. Exhibits that are too large to scan shall be folded in such a manner as not to exceed an 8 ½ x 11 inch sheet, and filed as paper exhibits. CM/ECF users shall file electronically a Notice of Manual Filing setting forth the reason(s) why the exhibit cannot be filed electronically and present the Notice of Electronic Filing with the exhibits to be filed or lodged.
L.R. 11-5.5 Small Exhibits. An exhibit smaller than 8 ½ x 11 inches shall be attached to an 8 ½ x 11 inch sheet.
L.R. 11-6 Points and Authorities - Trial Briefs - Length. No memorandum of points and authorities, pre-trial brief, trial brief, or post-trial brief shall exceed 25 pages in length, excluding indices and exhibits, unless permitted by order of the judge.
L.R. 11-7 Appendices. Appendices shall not include any matters which properly belong in the body of the memorandum of points and authorities or pre-trial or post-trial brief.
L.R. 11-8 Table of Contents and Table of Authorities. Any memorandum of points and authorities or any brief exceeding ten (10) pages in length, excluding exhibits, shall be accompanied by an indexed table of contents setting forth the headings or subheadings contained in the body thereof, and by an indexed table of the cases, statutes, rules, and other authorities cited.
L.R. 11-9 Sanctions. The presentation to the Court of frivolous motions or opposition to motions (or the failure to comply fully with this rule) subjects the offender at the discretion of the Court to the sanctions of L.R. 83-7.
1(11-3.5 amended, effective 1/1/08; amended, effective 1/1/10)
2(11-3.8(a) amended, effective 12/1/05; amended, effective 4/1/09; amended, effective 1/1/10)
3(11-4.1 amended, effective 1/1/10)
4(11-4.2 amended, effective 1/1/10)
5(11-4.3 deleted, effective 1/1/10)
6(11-4.5 amended, effective 1/1/10)
7(11-5.1 amended, effective 1/1/10)
8(11-5.2 amended, effective 1/1/10)
9(11-5.4 amended, effective 1/1/10)