|F.R.Civ.P. 83. Rules by District Courts; Judge’s Directives|
L.R. 83-1 Assignment of Cases - Notice of Related Cases in Central District, Other Actions, or Petitions to Multidistrict Panel
L.R. 83-1.1 Assignment of Cases . Civil actions shall be assigned when commenced to individual judges and magistrate judges of this Court in the manner provided by General Order.
L.R. 83-1.2 Refiling of Actions
L.R. 83-1.2.1 Improper Refiling of Actions . It is not permissible to dismiss and thereafter refile an action for the purpose of obtaining a different judge.
L.R. 83-1.2.2 Duty on Refiling of Actions . Whenever an action is dismissed by a party or by the Court before judgment and thereafter the same or essentially the same claims, involving the same or essentially the same parties, are alleged in another action, the later-filed action shall be assigned to the judge to whom the first-filed action was assigned. It shall be the duty of every attorney in any such later-filed action to bring those facts to the attention of the Court in the Civil Cover Sheet and by the filing of a Notice of Related Case(s) pursuant to L.R. 83-1.3.
L.R. 83-1.3 Notice of Related Cases
L.R. 83-1.3.1 Notice.1 At the time a civil action (including a notice of removal or bankruptcy appeal) is filed, or as soon as known thereafter, the attorney shall file and serve on all parties who have appeared a Notice of Related Case(s), stating whether any action previously filed or currently pending in the Central District and the action being filed appear:
(a) To arise from the same or a closely related transaction, happening or event; or
(b) To call for determination of the same or substantially related or similar questions of law and fact; or
(c) For other reasons would entail substantial
duplication of labor if heard by different judges; or
(d) To involve the same patent, trademark or
copyright, and one of the factors identified above in a, b or c is present.
The Notice of Related Case(s) shall also include a brief factual statement setting forth the basis for the attorney’s belief that the action qualifies for related case transfer.
The Notice of Related Case also shall be served concurrently with service of the complaint.
L.R. 83-184.108.40.206 Notice in Civil Forfeiture Action When Related Criminal Case has Previously Been Filed.2 It shall be the responsibility of the parties to promptly file a Notice of Related Cases whenever a criminal case previously filed and a civil forfeiture case later filed:
(a) arise from the same or a closely related transaction, happening, or event; or
(b) call for determination of the same or substantially related or similar question of law and fact; or
(c) involve one or more defendants from the criminal case in common, and would entail substantial duplication of labor if heard by different judges.
In these instances, the proposed transfer order shall be prepared to transfer the civil forfeiture case to the judge assigned to the criminal case.
L.R. 83-1.3.2 Opposition. Any party opposing a related case transfer may, within five (5) days of the service of a notice of Related Case(s) on that party, or first appearance, file and serve a short counter-statement setting forth the reasons the action does not qualify for related case transfer.
L.R. 83-1.3.3 Continuing Duty. It shall be the continuing duty of the attorney in any case promptly to bring to the attention of the Court, by the filing of a Notice of Related Case(s) pursuant to L.R. 83-1.3, all facts which in the opinion of the attorney or party appear relevant to a determination whether such action and one or more pending actions should, under the criteria and procedures set forth in L.R. 83-1.3, be heard by the same judge.
L.R. 83-1.4 Notice of Pendency of Other Actions or Proceedings
L.R. 83-1.4.1 Notice. Whenever a civil action filed in or removed to this Court involves all or a material part of the subject matter of an action then pending before the United States Court of Appeals, Bankruptcy Appellate Panel, Bankruptcy Court or any other federal or state court or administrative agency, the attorney shall file a “Notice of Pendency of Other Actions or Proceedings” with the original complaint or petition filed in this Court. The duty imposed by L.R. 83-1.4 continues throughout the time an action is before this Court.
L.R. 83-1.4.2 Notice - Contents. The Notice of Pendency of Other Actions or Proceedings shall contain:
(a) A description sufficient to identify all other actions or proceedings;
(b) The title of the court or administrative body in which the other actions or proceedings are pending;
(c) The names of the parties or participants in such other actions or proceedings;
(d) The names, addresses and telephone numbers of the attorneys in such other actions or proceedings; and
(e) A brief factual statement setting forth the basis for the attorney’s belief that the action involves all or a material part of the subject matter of such other actions or proceedings.
L.R. 83-1.4.3 Notice of Petition to the Judicial Panel on Multidistrict Litigation - Duty of Counsel. The attorney shall comply with L.R. 83-1.4 promptly upon learning that an action or proceeding filed in this Court is the subject of or is related to an action which is before the Judicial Panel on Multidistrict Litigation, or which has been transferred by it pursuant to 28 U.S.C. § 1407.
L.R. 83-2 Attorneys - Admission, Substitution and Withdrawal, Communications With Court
L.R. 83-2.1 Appearance Before the Court. An appearance before the Court on behalf of another party or a class may be made only by an attorney admitted to the Bar of or permitted to practice before this Court.
L.R. 83-2.2 Admission to Practice
L.R. 83-2.2.1 In General.3 Admission to and continuing membership in the Bar of this Court is limited to persons of good moral character who are active members in good standing of the State Bar of California, or Registered Legal Services Attorneys, pursuant to California Rules of Court, Rule 9.45. If the attorney ceases to meet these criteria, the attorney is subject to the disciplinary rules of the court, infra.
L.R. 83-2.2.2 Familiarity with Federal Rules. An applicant (including a pro hac vice applicant) for admission to practice before this Court shall certify the applicant’s familiarity with the Local Rules, the Local Criminal Rules, the F.R.Civ.P., the F.R.Crim.P., and the F.R.Evid.
L.R. 83-2.3 Pro Hac Vice or Other Limited Appearance
L.R. 83-2.3.1 Permission to Appear Pro Hac Vice.4 Any person who is not otherwise eligible for admission to practice before this Court, but who is a member in good standing of, and eligible to practice before, the bar of any United States Court, the District of Columbia Court of Appeals, or the highest court of any State, Territory or Insular Possession of the United States, and who is of good moral character may, upon written application and in the discretion of the Court, be permitted to appear and participate pro hac vice in a particular case.
L.R. 83-2.3.2 Disqualification from Pro Hac Vice Appearance. Unless authorized by the Constitution of the United States or Acts of Congress, an applicant is not eligible for permission to practice pro hac vice if the applicant:
(a) Resides in California; or
(b) Is regularly employed in California; or
(c) Is regularly engaged in business, professional, or other similar activities in California.
L.R. 83-2.3.3 Designation of Local Counsel. The person seeking to appear pro hac vice is required to designate an attorney who is a member of the Bar of this Court and who maintains an office within this District as local counsel with whom the Court and opposing counsel may readily communicate regarding the conduct of the case and upon whom papers may be served, unless otherwise ordered by the Court.
L.R. 83-2.3.4 Designation of Co-Counsel. A judge to whom a case is assigned may, in the exercise of discretion, require the designation of an attorney who is a member of the Bar of this Court and who maintains an office within the District as co-counsel with authority to act as attorney of record for all purposes.
L.R. 83-2.3.5 Registered Legal Services Attorney.5 Any registered legal services attorney authorized to appear in the state courts of California pursuant to CAL. RULES OF COURT 9.45 may practice before this Court under the conditions set forth in that rule. In addition, the attorney supervising the registered legal services attorney must be a member in good standing of the bar of this Court, and must appear as one of the attorneys of record. By practicing in this Court, the registered legal services attorney submits to the disciplinary authority of the Central District of California concerning attorneys admitted to practice in this Court.
L.R. 83-2.4 Attorneys for the United States, or Its Departments or Agencies
L.R. 83-2.4.1 Attorney for the United States, or its Departments or Agencies.6 Any person who is not eligible for admission under L.R. 83-2.2.1 or 83-2.3, who is employed within this state and is a member in good standing of, and eligible to practice before, the bar of any United States Court, the District of Columbia Court of Appeals, or the highest court of any State, Territory or Insular Possession of the United States, and is of good moral character, may be granted leave of court to practice in this Court in any matter for which such person is employed or retained by the United States, or its departments or agencies. The application for such permission shall include a certification filed with the Clerk showing that the applicant has applied to take the next succeeding Bar Examination for admission to the State Bar of California for which that applicant is eligible. No later than one year after submitting the foregoing application, the applicant shall submit to this Court proof of admission to the State Bar of California. Failure to do so shall result in revocation of permission to practice in this Court.
L.R. 83-2.4.2 Special Assistant United States Attorneys.7 Notwithstanding L.R. 83-2.4.1, any United States Armed Forces attorney who has been appointed a Special Assistant United States Attorney pursuant to 28 U.S.C. sections 515 and 543, may handle misdemeanor matters before this Court.
L.R. 83-2.5 Professional Corporations and Unincorporated Law Firms
L.R. 83-2.5.1 Appearance. No appearance may be made and no pleadings or other documents may be signed in the name of any professional law corporation or unincorporated law firm (both hereinafter referred to as “law firm”) except by an attorney admitted to the Bar of or permitted to practice before this Court.
L.R. 83-2.5.2 Form of Appearance. A law firm may appear in the following form of designation or its equivalent:
A Member of Smith and Jones, P.C.
Attorneys for Plaintiff
L.R. 83-2.6 Jurisdiction of Court. Any attorney who appears for any purpose submits to the discipline of this Court in all respects pertaining to the conduct of the litigation.
L.R. 83-2.7 Notification of Attorney Change of Name, Address, Firm Association, Telephone Number, Facsimile Number or E-Mail Address.8 An attorney who is a member of the bar of this Court, or who has been authorized to appear in a case in this Court, and who changes his or her name, office address (or residence address if no office is maintained), law firm association, telephone number, facsimile number or e-mail address, shall, within five (5) days of the change, notify the Clerk of Court in writing. If any actions are currently pending, the attorney shall file and serve a copy of the notice upon all parties.
L.R. 83-2.8 Procedure for Admission
L.R. 83-2.8.1 Admission to the Bar of This Court. Each applicant for admission to the Bar of this Court shall fill out and present to the Clerk an Application for Admission to the Bar of the Central District of California.
L.R. 83-2.8.2 Pro Hac Vice Appearance.9 Each applicant for permission to appear pro hac vice shall file an Application of Non-Resident Attorney to Appear in a Specific Case and a separate proposed Order and pay the applicable fee. Attorneys employed by the United States Department of Justice specially appointed by the United States Attorney General to conduct any kind of legal proceeding, civil or criminal, pursuant to 28 U.S.C. § 515(a), may appear without filing an Application of Non-Resident Attorney to Appear in a Specific Case.
L.R. 83-2.8.3 Fees. Each applicant admitted to practice shall pay to the Clerk the admission fee prescribed by the Judicial Conference of the United States and such other fees as may from time to time be required by General Order of this Court. Any additional fee shall be credited by the Clerk to the Attorneys’ Admission Fund.
L.R. 83-2.9 Withdrawal and Substitution of Attorneys
L.R. 83-2.9.1 Appearance by Attorney. Whenever a party has appeared by an attorney, the party may not thereafter appear or act pro se, except upon order made by the Court after notice to such attorney and to any other parties who have appeared in the action.
L.R. 83-2.9.2 Substitution of Attorney
L.R. 83-220.127.116.11 Motion for Withdrawal. An attorney may not withdraw as counsel except by leave of court. An application for leave to withdraw must be made upon written notice given reasonably in advance to the client and to all other parties who have appeared in the action.
L.R. 83-18.104.22.168 Individuals. When an attorney of record for any reason ceases to act for a party, such party shall appear pro se or appoint another attorney by a written substitution of attorney signed by the party and the attorneys.
L.R. 83-22.214.171.124 Corporation or Unincorporated Associations. An attorney requesting leave to withdraw from representation of a corporation or unincorporated association shall give written notice to the corporation or unincorporated association of the consequences of its inability to appear pro se. “Unincorporated association,” as used in L.R. 83-2.9 and 83-2.10, shall include a partnership.
L.R. 83-126.96.36.199 Delays by Substitution of Attorneys. Unless good cause is shown and the ends of justice require, no substitution or relief of attorney will be approved that will cause delay in prosecution of the case to completion.
L.R. 83-2.10 Persons Appearing Without an Attorney - Pro Se Litigants
L.R. 83-2.10.1 Corporation, Unincorporated Association, Partnership or Trust. A corporation including a limited liability corporation, a partnership including a limited liability partnership, an unincorporated association, or a trust may not appear in any action or proceeding pro se.
L.R. 83-2.10.2 Individuals. Any person representing himself or herself without an attorney must appear pro se for such purpose. That representation may not be delegated to any other person, including a spouse, parent or other relative, nor to any other party on the same side who is not represented by an attorney. A non-attorney guardian for a minor or an incompetent person must be represented by counsel.
L.R. 83-2.10.3 Compliance With Federal Rules. Any person appearing pro se will be required to comply with these Local Rules, and with the F.R.Civ.P., F.R.Crim.P., F.R.Evid. and F.R.App.P.
L.R. 83-2.10.4 Sanctions. Failure to comply with the rules enumerated in L.R. 83-2.10.3 may be ground for dismissal or judgment by default.
L.R. 83-2.11 Communications with the Judge. Attorneys or parties to any action or proceeding shall refrain from writing letters to the judge, making telephone calls to chambers, or otherwise communicating with a judge in a pending matter unless opposing counsel is present. All matters shall be called to a judge’s attention by appropriate application or motion filed in compliance with these Local Rules.
L.R. 83-3 Attorney Disciplinary Rules of the Court
L.R. 83-3.1 Discipline.10 Nothing contained in these Rules shall be construed to deny the Court its inherent power to maintain control over the proceedings conducted before it or to deny the Court those powers derived from statute, rule or procedure, or other rules of court. When alleged attorney misconduct is brought to the attention of the Court, whether by a Judge of the Court, any lawyer admitted to practice before the Court, any officer or employee of the Court, or otherwise, the Court may, in its discretion, dispose of the matter through the use of its inherent, statutory, or other powers; refer the matter to an appropriate state bar agency for investigation and disposition; refer the matter to the Standing Committee on Discipline; or take any other action the Court deems appropriate. These procedures are not mutually exclusive.
L.R. 83-3.1.1 The Standing Committee on Discipline.11 At all times the Court will maintain a Standing Committee on Discipline (hereinafter “Committee”). The Committee shall consist of 13 attorneys who are members of the Bar of the Court. However, in the event of any vacancy or vacancies, the Committee may continue to perform any of the functions herein authorized so long as there are nine members in office.
Committee members shall be appointed by the Chief Judge with the concurrence of the Executive Committee. The Chief Judge shall designate one member to serve as the chair. A Committee member shall serve for a term of one to three years but may continue in office, upon order of the Chief Judge, beyond said three-year term until the completion of any disciplinary proceeding (which includes the initial investigation to presentation of disciplinary recommendations to the Court) in which the member is participating. Each committee member’s term shall commence on January 1 of the year specified in the appointment, and appointments shall be staggered so that each year the terms of four members, not including the Chair, shall end. Should any Committee member not complete a three-year term, that member’s replacement shall complete the length of term remaining. The Chair of the Committee shall serve a term of three years as Chair, regardless of previous time served as a Committee member.
The Chair of the Committee shall organize the Committee into four sections of three members each. Each section shall consist of one member who has one year remaining on his term, one member who has two years remaining on his term, and one member who has three years remaining on his term. The Chair of the Committee may assign any matter before the Committee to one of the sections for initial investigation and further proceedings described in these rules. Except for the requirement of seven affirmative votes for the imposition of discipline as specified in Rule 83-3.1.5, the Committee may perform or decide any matter arising under these rules by a majority vote. For any Committee meeting, a quorum of seven is required.
The Clerk of the Court shall be advised of, and keep a current list of, all matters referred to the Committee and each section, to assist the Court, the Committee, and the affected attorney or complaining person, in recording the status of each matter.
L.R. 83-3.1.2 Standards of Professional Conduct - Basis for Disciplinary Action. In order to maintain the effective administration of justice and the integrity of the Court, each attorney shall be familiar with and comply with the standards of professional conduct required of members of the State Bar of California and contained in the State Bar Act, the Rules of Professional Conduct of the State Bar of California, and the decisions of any court applicable thereto. These statutes, rules and decisions are hereby adopted as the standards of professional conduct, and any breach or violation thereof may be the basis for the imposition of discipline. The Model Rules of Professional Conduct of the American Bar Association may be considered as guidance.
L.R. 83-3.1.3 Possible Disciplinary Penalties.12 An order imposing discipline under this Rule may consist of any of the following:
(b) suspension not to exceed three years,
(c) public or private reproval,
(d) monetary penalties (which may include an order to pay the costs of the proceedings), and/or
(e) acceptance of resignation.
In lieu of any of the foregoing disciplinary steps, the Court’s Standing Committee on Discipline may issue an admonition as defined by California State Bar Rules, to wit, where the offense is not serious, or not intentional, or involved mitigating circumstances, or no significant harm resulted.
Any suspension or reproval imposed, or acceptance of resignation, may be subject to specified conditions, which may include, but are not limited to, continuing legal education requirements, counseling and/or supervision of practice and periods of probation.
Any disbarment, suspension or acceptance of resignation from this Court will result in the deactivation of the attorney’s CM/ECF login and password. The CM/ECF login and password will be reactivated upon application of the practitioner showing proof of an order of reinstatement.
L.R. 83-3.1.4 Who May Originate Complaints - Initial and Further Investigation - Hearing and Opportunity for Attorney Involved to Appear and Present Evidence.13 A complaint that an attorney has violated any of the standards of conduct specified in Rule 83-3.1.2, may come to the Committee from any District, Bankruptcy or Magistrate Judge of the Court or from any other person. The complaint shall be in writing addressed to the Committee in care of the Clerk of Court. Within 10 days of receipt, the Clerk shall serve a copy of the complaint on the Chair of the Committee, the attorney affected and the Clerk of the Bankruptcy Court.
Within 10 days of receipt of any such complaint, the Committee chair shall assign the matter of possible disciplinary action based on the complaint to one of the sections of the Committee for initial investigation and possible disciplinary proceedings. Any attorney of the assigned section who cannot participate shall so notify the Chair within 10 days of assignment so that a replacement can be assigned.
Within 60 days of receipt, the section to which such a complaint is referred shall conduct and complete an initial investigation. If the section determines that the complaint should not be the subject of further disciplinary action, and the Committee concurs in that determination, the matter will thereupon be closed. Notice of closing shall be promptly sent to the complainant, the attorney affected and the Chief Judge. If the Committee determines that the complaint should be further investigated as being one that may result in disciplinary action, the section shall thereupon within 60 days conduct and complete such further investigation and inquiries as it deems necessary. The section, in so doing, may take the testimony of witnesses and may seek from the Chief Judge, or his or her designee, any subpoena necessary for its investigation and the Clerk shall promptly issue any such requested subpoena. The affected attorney may also apply to the Chief Judge, or his or her designee, for any necessary subpoenas.
All final disciplinary actions will be distributed to the judicial officers of the Court. Final disciplinary action, including the name of the attorney, will be posted on the Court’s website when it consists of (a) disbarment; (b) suspension; (c) public reproval; or (d) resignation with charges pending. It may be ordered posted if the disciplinary action consists of monetary penalties.
Other final disciplinary action may be posted, without the name of the attorney, to promote understanding of the level of practice expected in this district.
The deadlines in this paragraph may be extended by the Committee Chair for a period of up to six months, for good cause at the request of the section or the affected attorney. The deadlines may be extended for a longer time in consultation with the Chief Judge.
L.R. 83-188.8.131.52 Appointment of Prosecutor. At the request of the investigating section, concurred in by the Chair of the Committee, the Chief Judge may appoint a member of the Bar of the Court who is not a Committee member to (1) supervise and conduct such further investigation as may be appropriate; (2) prosecute the matter at any hearing conducted by the section or the Committee or any other proceeding the Court may require before entering an order of discipline; and (3) defend any order of discipline on appeal.
By order of the Chief Judge, with the concurrence of the Executive Committee, the prosecutor shall be compensated for services out of the Attorneys’ Admission Fund
L.R. 83-184.108.40.206 Duties of the Chief Judge. If the Chief Judge is recused or otherwise is unavailable to perform the duties as outlined in this rule, the duties shall be referred to the next available district judge in regular active service who is senior in commission of all the active judges.
L.R. 83-220.127.116.11 Indemnification of Prosecutor, Section, and Committee. Any expenses incurred in the prosecution of a disciplinary proceeding and any award of court costs against the Section, the Committee or the prosecutor shall likewise be paid out of the Attorneys’ Admission Fund.
L.R. 83-3.1.5 Right of Attorney Involved to a Hearing and to Present Evidence.14 Before recommending the imposition of any discipline, the investigating Section shall provide to the attorney involved a statement of the charges and a description of the discipline which the Section is considering recommending. The Section, upon request of the attorney involved, shall conduct a hearing on the charges, which hearing shall be recorded electronically or by a court reporter. The attorney involved shall have the right to be represented by counsel and to be personally heard under oath at said hearing. The attorney involved may also present sworn testimony of relevant witnesses and may submit briefing and evidentiary exhibits at said hearing. Following the said hearing, the section shall formulate its findings of fact and conclusions of law in writing together with a statement of the discipline, if any, which it recommends. Where the imposition of discipline is recommended, the Section shall, within 30 days of the hearing or of the completion of the investigation, transmit to the Committee, along with its recommendation, copies of its proposed findings of fact and conclusions of law, the exhibits which it received in evidence and the record of testimony which was presented to it. The Committee shall thereafter promptly adopt, modify or reject the section’s recommended action. The Committee may, but need not, hear any further statement by the attorney affected or his or her counsel, or receive any further evidence or briefing. If the Committee determines to recommend the imposition of discipline, it must do so at a meeting, which may be held telephonically, with at least seven members voting in favor of the recommendation.
L.R. 83-3.1.6 Confidentiality of Proceedings.15 The record in a disciplinary proceeding shall not be public (unless otherwise ordered by the Court) but shall become public if and when a final order imposing discipline is entered. If the final order imposing discipline consists of private reproval, the record shall only be made public upon an order of the Court.
L.R. 83-3.1.7 Presentation of Disciplinary Recommendations to the Court.16 When the Committee has determined that discipline should not be imposed, the matter will thereupon be closed. Notice of the closing shall be promptly sent to the complainant, the attorney affected, the Chief Judge, and the Clerk of the Court.
When the Committee has determined that discipline should be imposed, it shall promptly transmit to the Chief Judge and the Clerk of the Court its recommendation (in court document format) and the complete record, including the section’s proposed findings of fact and conclusions of law, and shall request an order of the Court imposing the recommended discipline. A copy of the Committee’s recommendation shall also be sent to the attorney affected and his or her counsel.
Within 15 days of the Chief Judge receiving a Committee recommendation, the matter of whether the Court should impose discipline shall be assigned to three judges of the Court selected at random in the same manner as civil cases are distributed, but not to include any judge who originated the complaint. The judges to whom the matter is assigned are not required to conduct any further hearing, to hear the attorney involved or his or her counsel, or to receive any further evidence or briefing before determining to issue an appropriate order. The assigned judges shall adopt, modify or reject the Committee’s recommendation for the imposition of discipline. The decision of said judges shall be final. If the judges assigned determine to impose discipline, they shall sign and file an appropriate order imposing it.
Appeals from such orders shall be in accordance with the F.R.A. P.
L.R. 83-3.1.8 Application For Reinstatement.17 Any attorney who has been suspended or disbarred under the Local Rules may make an application for reinstatement. The application for reinstatement shall be by written motion filed in paper format addressed to the Committee. The Committee shall consider the application and make a recommendation to the Chief Judge. The Chief Judge may, with the concurrence of the Executive Committee, adopt, modify or reject the recommendation of the Committee concerning the application. Before making its recommendation, the Committee is not required to hear the attorney affected or his or her counsel and is not required to hear any testimony or receive any other evidence or briefing. Nor shall the Chief Judge or the Executive Committee be required to do so before deciding on the application.
L.R. 83-3.1.9 Disbarment or Suspension by Other Courts or Conviction of a Crime18
L.R. 83-3.1.10 Discipline by Agencies19
L.R. 83-3.1.11 Notice of Disciplinary Action to State Bar and Other Courts20
L.R. 83-3.1.12 Powers of an Individual Judge to Deal with Contempt or Other Misconduct Not Affected21
L.R. 83-3.2 Enforcement of Attorney Discipline22
L.R. 83-3.2.1 Disbarment or Suspension by Other Courts or Conviction of a Crime. Upon receipt of reliable information that a member of the Bar of this Court or any attorney appearing pro hac vice (1) has been suspended or disbarred from the practice of law by the order of any United States Court, or by the Bar, Supreme Court, or other governing authority of any State, territory or possession, or the District of Columbia, or (2) has resigned from the Bar of any United States Court or of any State, territory or possession, or the District of Columbia while an investigation or proceedings for suspension or disbarment was pending, or (3) has been convicted of a crime, other than in this Court, the elements or underlying facts of which may affect the attorney’s fitness to practice law, this Court shall issue an Order to Show Cause why an order of suspension or disbarment should not be imposed by this Court.
Upon the filing of a judgment or conviction demonstrating that any attorney admitted to practice before this Court has been convicted in this Court of any serious crime as herein defined, the Chief Judge or his or her designee shall enter an order immediately suspending that attorney, whether the conviction resulted from a plea of guilty, nolo contendere, verdict after trial, or otherwise, and regardless of the pendency of any appeal. The suspension so ordered shall remain in effect until final disposition of the disciplinary proceedings to be commenced upon such conviction. A copy of such order shall be immediately served upon the attorney. Upon good cause shown, the Chief Judge or his or her designee may set aside such order when it appears in the interest of justice to do so.
The term “serious crime” shall include any felony and any lesser crime a necessary element of which, as determined by the statutory or common law definition of such crime in the jurisdiction in which it was entered, involves false swearing, misrepresentation, fraud, deceit, bribery, extortion, misappropriation, theft, or the use of dishonesty, or an attempt, conspiracy, or solicitation of another to commit a “serious crime.”
If the attorney files a response stating that imposition of an order of suspension or disbarment from this Court is not contested, or if the attorney does not respond to the Order to Show Cause within the time specified, then the Court shall issue an order of suspension or disbarment. The order shall be filed by the Chief Judge or his or her designee.
L.R. 83-3.2.2 Alternatives. As an alternative to suspension or disbarment, the Committee may consider, and the Court may accept, the attorney’s resignation, if the attorney both:
(a) Files a written response setting forth his or her status for the practice of law in all other jurisdictions where the attorney was or is admitted; and
(b) Tenders his or her resignation from the Bar of this Court.
A resignation with charges pending is not effective until accepted by the Court. An attorney will be on inactive status while the Court considers whether to accept the resignation. The acceptance of a resignation may be subject to additional conditions including but not limited to those under L.R. 83-3.1.3 and referral to, or resignation from, the Bar of another jurisdiction.
L.R. 83-3.2.3 Contested Matters. If the attorney files a written response to the Order to Show Cause within the time specified stating that the entry of an order of suspension or disbarment is contested, then the Chief Judge or other district judge who may be assigned shall determine whether an order of suspension or disbarment or other appropriate order shall be entered. Where an attorney has been suspended or disbarred by another Bar, or has resigned from another Bar while disciplinary proceedings were pending, the attorney in the response to the Order to Show Cause, must set forth facts establishing one or more of the following: (a) the procedure in the other jurisdiction was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; (b) there was such an infirmity of proof establishing the misconduct as to give rise to a clear conviction that the Court should not accept as final the other jurisdiction’s conclusion(s) on that subject; (c) imposition of like discipline would result in a grave injustice; or (d) other substantial reasons exist so as to justify not accepting the other jurisdiction’s conclusion(s). In addition, at the time the response is filed, the attorney must produce a certified copy of the entire record from the other jurisdiction or bear the burden of persuading the Court that less than the entire record will suffice.
L.R. 83-3.2.4 Reinstatement. Unless stated otherwise by order of the Court, an attorney who has been suspended or disbarred from the Bar of this Court because of his resignation, suspension or disbarment from the Bar of another court will be reinstated upon proof of reinstatement as an active member in good standing in such other Bar.
L.R. 83-3.2.5 Discipline by Agencies. Information that a member of the Bar of this Court has been suspended or disbarred from practice by the order of any federal or state administrative agency, shall be treated as a complaint which can be the basis of disciplinary action by this Court. The matter shall be referred to the Committee for investigation, hearing and recommendation as provided hereinabove in the case of other complaints. All parties in interest are advised of General Order 96-05 or any successor General Order governing attorney discipline proceedings in the Bankruptcy Court.
L.R. 83-3.2.6 Notice of Disciplinary Action to State Bar and Other Courts. The Clerk shall give prompt notice of any conviction of any attorney admitted to this bar of a serious crime as herein defined or imposing discipline under this Rule 83-3 to the Circuit Court of Appeals, to the Bankruptcy Court, to the California State Bar, and to the Bar or disciplinary body of those courts to which the attorney involved has been admitted to practice and of which the Clerk is aware.
L.R. 83-3.2.7 Powers of an Individual Judge to Deal with Contempt or Other Misconduct Not Affected. Disciplinary proceedings under Rule 83-3 shall not affect, or be affected by, any proceedings for criminal contempt under the U.S. Criminal Code, nor shall anything contained in this Rule 83-3 be construed to deny any judge of this Court said judge’s inherent power to maintain control over the proceedings conducted before said judge, nor to deny the judge those powers derived from any statute or rule of court. Misconduct of any attorney in the presence of a court or in any manner in respect to any matter pending in a court may be dealt with directly by the judge in charge of the matter or at said judge’s option, referred to the Committee, or both.
L.R. 83-3.3 Practice Prohibited While on Inactive Status.23 Any attorney previously admitted to the Bar of this Court who no longer is enrolled as an active member of the Bar, Supreme Court, or other governing authority of any State, territory or possession, or the District of Columbia, shall not practice before this Court. Upon receipt of reliable information that such attorney is practicing before the Bar of this Court, this Court shall issue an Order to Show Cause why the attorney should not be disbarred from this Court, and shall proceed with the Order to Show Cause in the manner set forth in L.R. 83-3.2.1.
L.R. 83-3.4 Obligation to Notify Court of Felony Conviction or Change of Status.24 Any attorney admitted to the Bar of this Court or admitted pro hac vice shall promptly notify the Clerk of this Court of (1) the attorney’s conviction of any felony, or (2) the imposition of discipline in any other jurisdiction, or (3) the attorney’s resignation from the Bar while disciplinary investigation or proceedings were pending in any other jurisdiction.
L.R. 83-4 Student Practice
L.R. 83-4.1 Consent. An eligible law student acting under the supervision of a member of the bar of this Court may appear on behalf of any client including federal, state or local government bodies, if the client has filed a written consent with the Court. Additional written consent must be given if one eligible student is replaced by another.
L.R. 83-4.2 Requirements. An eligible student shall:
(a) be enrolled and in good standing in a law school accredited by the American Bar Association or The State Bar of California;
(b) have completed one-half of the legal studies required for graduation;
(c) have completed a course in evidence. For civil cases, an eligible law student must have also completed a course in civil procedure. For criminal cases, an eligible law student must have completed courses in criminal law and criminal procedure. An eligible law student must also have knowledge of and be familiar with the Federal Rules of Civil and Criminal Procedure as well as the Federal Rules of Evidence, the Rules of Professional Conduct of The State Bar of California and applicable statutory rules, and rules of this Court;
(d) be certified by the dean of a law school as being adequately trained to fulfill all responsibilities as a legal intern to the Court in compliance with L.R. 83-4.2(a) and (b);
(e) not accept compensation for his or her legal services directly or indirectly from a client; and
(f) file with the Clerk of the Court all documents required to comply with this rule.
L.R. 83.4-3 Supervising Attorney. The supervising attorney shall:
(a) have such substantial litigation experience to satisfy the Court of his or her ability to supervise the student;
(b) file with the Clerk of the Court to whom each case has been assigned a “Request to Undertake the Supervision of an Eligible Law Student.” The undertaking, if approved by the Court, may be withdrawn by the supervising attorney by filing a written notice with the Clerk of the Court and by giving notice of such withdrawal to the affected student;
(c) appear with the student in any oral presentations before this Court;
(d) sign all documents filed with this Court;
(e) assume personal professional responsibility for the student’s work in matters before this Court;
(f) assist and counsel the student in the preparation of the student’s work in matters before this Court; and
(g) be responsible to supplement oral or written work of the student as necessary to assure proper representation of the client. All written work will be filed over the signature of the supervising attorney. Written work may also be signed by the eligible law student who participated in such written work. The student, in signing the written work, shall indicate his or her status as an eligible law student.
L.R. 83-4.4 Law School Dean’s Certification. The dean’s certification of the student:
(a) shall be filed with the Clerk of the Court and shall remain in effect for a period of three years or until withdrawn;
(b) shall state that he or she knows of no reason which would render the law student ineligible under this rule;
(c) may be withdrawn for good cause by the dean with notice to the Court and to the student. Certification may only be withdrawn by the dean for good cause. Such cause shall be stated in the notice filed with the Court.
L.R. 83-4.5 Student Appearance. Upon fulfilling the requirements of this rule, the student may appear and make oral presentations before this Court when accompanied by the supervising attorney.
L.R. 83-5 Minors or Incompetents
L.R. 83-5.1 Minors or Incompetents - Settlement of Claim of Minor or Incompetent. No claim in any action involving a minor or incompetent person shall be settled, compromised or dismissed without leave of the Court embodied in an order, judgment or decree.
L.R. 83-5.2 Minors or Incompetents - Settlement of Claim Procedure.25 Insofar as practicable, hearings on petitions to settle, compromise or dismiss a claim in an action involving a minor or incompetent person shall conform to California Code of Civil Procedure Section 372 and California Rule of Court 3.1384.
L.R. 83-5.3 Minors or Incompetents - Attorney’s Fees. In all actions involving the claim of a minor or incompetent person, whether resolved by settlement or judgment after trial, the Court shall fix the amount of attorney’s fees.
L.R. 83-5.4 Minors or Incompetents - Judgment or Settlement Funds. All monies or property recovered on behalf of a minor or incompetent person, either by settlement or judgment, shall be paid into the registry of the Court unless otherwise ordered by the Court. All monies received by the Clerk representing a settlement or judgment on behalf of a minor or incompetent person shall be deposited by the Clerk in accordance with L.R. 67-1 and 67-2.
L.R. 83-5.5 Minors or Incompetents - Disbursement of Funds. All monies or property deposited with the Clerk pursuant to L.R. 83-5.4 shall be disbursed by the Clerk only in accordance with an order of the Court.
L.R. 83-5.5.1 Conformance to State Law. Unless otherwise ordered by the Court, disbursement of funds of California residents or foreign nationals shall be made by the Clerk in accordance with the provisions of California Probate Code §§ 3600 et seq. If the minor, incompetent person, guardian, custodian or parent is a resident of a state of the United States other than California, the funds or property shall be disbursed pursuant to restrictions of the state of residence similar to the provisions of California Probate Code §§ 3600 et seq.
L.R. 83-5.6 Minors or Incompetents - Letters of Guardianship or Custody - Bond. Before any funds or property are ordered distributed to any guardian or custodian, the following documents shall be filed with this Court:
(a) A certified copy of letters of guardianship or an order of appointment as custodian of the estate of an incompetent; and
(b) A certificate by a state court certifying that a surety bond has been filed by the guardian or custodian in a sum at least equal to the amount of money or value of property to be distributed.
L.R. 83-5.6.1 Corporate Guardian. If letters of guardianship or an order of appointment as custodian of the estate of an incompetent person have been issued to a corporate guardian authorized by state law to so act, no certificate showing filing of a bond shall be necessary
L.R. 83-6 Conduct in Courtroom and Environs
L.R. 83-6.1 Prohibition of Broadcasting, Television, Photography. Between 7:00 a.m. and 7:00 p.m., Monday through Friday, and at all other times when the Court is in session, the use of any forms, means or manner of radio or television broadcasting and the taking or making of photographs, motion pictures, video or sound recordings is prohibited in any room where court proceedings are being held, including but not limited to the areas specified below:
WESTERN DIVISION SPRING STREET BUILDING - The following areas of the United States Courthouse, 312 North Spring Street, Los Angeles, California:
(a) The parking areas; and
(b) The Main Street, Spring Street, second through fifth floors, eighth, ninth, tenth and sixteenth floors, except any area designated as a Press Room.
WESTERN DIVISION ROYBAL BUILDING - The following areas of the Roybal Federal Building and United States Courthouse, 255 East Temple Street, Los Angeles, California:
(a) The parking areas;
(b) The Temple Street and Terrace floors, except the area designated as a Press Room; and
(c) The third, fifth through eighth, eleventh and fourteenth floors.
SOUTHERN DIVISION - The following areas of the Ronald Reagan Federal Building and United States Courthouse, 411 West Fourth Street, Santa Ana, California:
(a) The parking areas; and
(b) The first, third, sixth, ninth and tenth floors, except the area designated as a Press Room.
EASTERN DIVISION - The following areas of the United States Courthouse, 3470 Twelfth Street, Riverside, California:
(a) The parking areas; and
(b) The Ground level, Plaza level and the second and third floors, except for any area designated as a Press Room.
L.R. 83-6.2 Official Recordings - Exception. L.R. 83-6.1 shall not prohibit recordings made by official court reporters, recorders or United States Magistrate Judges in the performance of their official duties. No other use may be made of an official recording of a court proceeding without an express, written order of the Court.
L.R. 83-6.3 Ceremonial Functions - Exception. The prohibition of L.R. 83-6.1 shall not apply, when specifically authorized in writing by the judge who is presiding at ceremonial sessions or non-judicial functions.
L.R. 83-6.4 Videotape. L.R. 83-6.1 does not prohibit the videotaping or other electronic recording of depositions for trial purposes, nor the preparation and perpetuation of testimony taken by or under the direction of a judge or magistrate judge of this Court, or any duly designated visiting judge. Any equipment taken into or through the areas enumerated in L.R. 83-6.1 is subject to such security regulations as may be adopted from time to time by the Court.
L.R. 83-6.5 Possession of Equipment
L.R. 83-6.5.1 In General.26 With the exception of wireless communication devices in the possession of attorneys admitted to the California Central District and jurors, video or sound recording, photographic, radio or television broadcasting equipment shall not be possessed in the areas enumerated in L.R. 83-6.1 unless expressly authorized by a judge or magistrate judge of this Court, except as provided in L.R. 83-6.2, 83-6.3, 83-6.5.2, 83-6.5.3 and 83-6.5.4.
L.R. 83-6.5.2 Dictating Equipment - Attorneys. Attorneys admitted to practice before the Court are authorized to possess dictating equipment in the areas enumerated in L.R. 83-6.1. Any dictating equipment possessed by an attorney in these areas shall be used only in the attorney’s lounge, a witness room, the library, or the Clerk’s Office.
L.R. 83-6.5.3 Dictating Equipment - Media. Members of the print or electronic media, i.e., newspaper, magazine, radio or television, are authorized to possess dictating or audio tape recording equipment in the areas enumerated in L.R. 83-6.1. Any dictating or audio tape recording equipment possessed by a bona fide member of the media in these areas shall be used only in the press room, the attorney’s lounge, a witness room, or the Clerk’s Office.
L.R. 83-6.5.4 Press Conferences. The provisions of this rule shall not apply to press conferences or public announcements by the U.S. Attorney or the Federal Public Defender, who will provide the Court Security Office advance written notification of such press conferences or public announcements. A Court Security Officer will escort communications media personnel and their equipment to and from the site of such press conference or public announcement.
L.R. 83-6.6 Enforcement of Rule. The United States Marshal, the General Services Administration police, and the security force contracted for service by the Central District of California shall enforce the provisions of L.R. 83-6.1 and 83-6.5.
L.R. 83-6.7 Violation of Rule - Contempt. A violation of L.R. 83-6.1 or 83-6.5 may constitute contempt of Court. All proceedings for such contempt occurring in or in connection with a case assigned to a judge shall be heard by the judge presiding over such case. All other proceedings for such contempt shall be brought before a Criminal Duty Judge.
L.R. 83-7 Sanctions - Violation of Rule. The violation of or failure to conform to any of these Local Rules may subject the offending party or counsel to:
(a) monetary sanctions, if the Court finds that the conduct was willful, grossly negligent, or reckless;
(b) the imposition of costs and attorneys’ fees to opposing counsel, if the Court finds that the conduct rises to the level of bad faith and/or a willful disobedience of a court order; and/or
(c) for any of the conduct specified in (a) and (b) above, such other sanctions as the Court may deem appropriate under the circumstances.
L.R. 83-8 Vexatious Litigants
L.R. 83-8.1 Policy. It is the policy of the Court to discourage vexatious litigation and to provide persons who are subjected to vexatious litigation with security against the costs of defending against such litigation and appropriate orders to control such litigation. It is the intent of this rule to augment the inherent power of the Court to control vexatious litigation and nothing in this rule shall be construed to limit the Court’s inherent power in that regard.
L.R. 83-8.2 Orders for Security and Control. On its own motion or on motion of a party, after opportunity to be heard, the Court may, at any time, order a party to give security in such amount as the Court determines to be appropriate to secure the payment of any costs, sanctions or other amounts which may be awarded against a vexatious litigant, and may make such other orders as are appropriate to control the conduct of a vexatious litigant. Such orders may include, without limitation, a directive to the Clerk not to accept further filings from the litigant without payment of normal filing fees and/or without written authorization from a judge of the Court or a Magistrate Judge, issued upon such showing of the evidence supporting the claim as the judge may require.
L.R. 83-8.3 Findings. Any order issued under L.R. 83-8.2 shall be based on a finding that the litigant to whom the order is issued has abused the Court’s process and is likely to continue such abuse, unless protective measures are taken.
L.R. 83-8.4 Reference to State Statute. Although nothing in this rule shall be construed to require that such a procedure be followed, the Court may, at its discretion, proceed by reference to the Vexatious Litigants statute of the State of California, Cal. Code Civ. Proc. §§ 391 - 391.7.
L.R. 83-9 Time Limits for Decisions by Court
L.R. 83-9.1 Time Limit Established. The Court shall render and file its decision on motions and non-jury trials within 120 days after the matter is submitted for decision.
L.R. 83-9.1.2 “Submitted” Defined
(a) A motion shall be deemed submitted for decision (i) on the date the Court announces on the record in open court, at the conclusion of the hearing thereon, that the matter is submitted for decision; or (ii) on the date the last memorandum or other document is permitted to be filed. If no oral argument is conducted on the motion, a motion shall be deemed submitted for decision as of the date the last memorandum or other pleading is permitted to be filed.
(b) A non-jury trial shall be deemed submitted for decision (i) on the date the Court announces on the record in open court, at the conclusion of the trial, that the matter is submitted for decision; or (ii) on the date the last memorandum or other document is permitted to be filed.
L.R. 83-9.2 Duty of Counsel. If the Court does not render and file its decision on a submitted matter within 120 days of submission, all counsel shall, within 130 days after the matter is submitted for decision, file with the Court a joint request that such decision be made without further delay. A copy of such request shall be sent to the Chief Judge.
L.R. 83-9.3 Duty of Court to Respond. Unless the Court makes its decision within 30 days after the filing of a joint request, it shall, within the same time period, advise the parties in writing of the date by which the decision will be made. A copy of such written advice shall be filed in the case and sent to the Chief Judge.
L.R. 83-9.4 Follow-Up Duty of Counsel. In the event the Court fails timely to make its decision or to advise the parties of an intended decision date, as required by L.R. 83-9.3, counsel shall then file a joint request with the Chief Judge to establish an intended decision date. A copy of such request shall be filed in the case.
L.R. 83-9.5 Date of Intended Decision. Upon receipt of a request under L.R. 83-9.3, the Chief Judge shall, after consultation with the judge to whom the matter is assigned, establish a firm intended decision date by which the Court’s decision shall be made. Such setting of a final intended decision date shall be in writing, shall be filed in the case, and shall be served on the parties.
L.R. 83-10 Appeals - Designation of Reporter’s Transcript. The designation of a reporter’s transcript on appeal shall specify each hearing date or dates ordered from the court reporter. That designation shall be made on the appropriate form, which is available from the Clerk.
L.R. 83-11 through 83-15 [Reserved]
L.R. 83-16 Habeas Corpus Petitions and Motions Under 28 U.S.C. Section 2255
L.R. 83-16.1 Court Forms. A petition for a writ of habeas corpus or a motion filed pursuant to 28 U.S.C. § 2255 shall be submitted on the forms approved and supplied by the Court.
L.R. 83-16.2 Verification - Other Than By Person in Custody. If the petition or motion is verified by a person other than the individual in custody, the person verifying the document shall set forth the reason why it has not been verified by the person in custody. The person verifying the document shall allege only facts personally known to that person. If facts are alleged upon information and belief, the source of the information and belief shall be stated.
L.R. 83-16.3 Habeas Corpus - Exclusion, Deportation and Removal Cases. A next friend petition for a writ of habeas corpus in exclusion, deportation and removal cases must allege that the petitioner has been authorized by the applicant for admission or respondent in the proceedings to file the petition. If the petition is filed by a relative who is the father, mother, husband, wife, brother, sister, uncle or aunt of the applicant for admission in the proceedings, that fact shall be alleged and authorization to file the petition need not be shown.
L.R. 83-17 Special Requirements for Habeas Corpus Petitions Involving the Death Penalty
L.R. 83-17.1 Applicability. This rule shall govern the procedures for a first federal habeas proceeding under Chapter 153 of Title 28 of the United States Code in which a petitioner seeks relief from a judgment imposing the penalty of death. The application of this rule may be modified by the judge to whom the case is assigned. These rules shall supplement the Rules Governing § 2254 Cases.
L.R. 83-17.2 Notices From California Attorney General. The California Attorney General shall send to the Clerk of this Court prompt notice whenever the California Supreme Court affirms a sentence of death.
L.R. 83-17.3 Initial Filings and Petitions27
(a) A prisoner under a judgment of death may file a petition for writ of habeas corpus or a request for appointment of counsel. Such filings shall be made in the Western Division (Los Angeles) of the Central District. Upon such filing, the case shall be randomly assigned to a district judge through the district-wide Death Penalty Assignment Wheel. After filing and assignment, the matter shall be immediately referred to the Capital Case Committee for the appointment of counsel.
(b) Petitions shall be submitted on a form supplied by the Clerk of Court, filled in by printing or typewriting, or as a legible typewritten document which contains all of the information required by that form. All petitions or requests for appointment of counsel: (i) shall state whether the petitioner has previously sought habeas relief arising out of the same matter from this court or any other federal court, together with a copy of the ruling; and (ii) shall clearly identify in the caption any scheduled execution date. Any petition 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.
(c) An original and one copy of the petition shall be filed by counsel for petitioner. A pro se petitioner need only file the original. If the petitioner is represented by counsel, counsel for the petitioner shall promptly serve a copy of the petition on counsel for the respondent. No filing fee is required.
(d) If the petitioner is not represented by counsel, the Clerk of Court shall immediately serve the California Attorney General’s Office by mail, e-mail or fax when an initial filing is received by the Court.
(e) When a petition or request for appointment of counsel is filed by a petitioner who was convicted outside of this district, the Clerk of the Court shall immediately advise the Clerk of the Court of the district in which the petitioner was convicted, and prepare a stay and transfer order for signature of a district court judge.
L.R. 83-17.4 Counsel28
(a) Appointment of Counsel - Upon receipt of the habeas corpus petition or request for appointment of counsel, the Capital Case Committee shall appoint the Office of the Federal Public Defender. If the Office of the Federal Public Defender has already been assigned the maximum number of cases, as determined by the Defender Services Committee of the United States Judicial Conference, the Capital Case Committee shall appoint counsel from a panel of attorneys qualified for appointment in death penalty cases. The panel of attorneys shall be approved by the Capital Case Committee and appointed by the Chief Judge of the District.
(b) Second Counsel
(i) If the case is assigned to the Office of the Federal Public Defender, second counsel may be appointed from the panel only when (1) the case is returned to the state court due to unexhausted claims for which a state court remedy may still be available and (2) the Office of the Federal Public Defender is unavailable to provide representation in state court.
(ii) If the case is not assigned to the Office of the Federal Public Defender, the Capital Case Committee shall appoint one attorney from the panel. If the assigned judge, in his or her discretion, determines that second counsel is necessary, the matter shall be referred to the Capital Case Committee for the appointment of second counsel.
L.R. 83-17.5 Transfer of Venue
(a) Subject to the provisions of 28 U.S.C. § 2241(d), it is the policy of this Court that a petition should be heard in the district in which petitioner was convicted, rather than in the district of petitioner’s present confinement.
(b) If an order for transfer of venue is made on a first petition for habeas corpus, the Court shall order a stay of execution which shall continue until such time as the transferee court acts upon the petition or the order of stay.
L.R. 83-17.6 Stays of Execution
(a) Stay Pending Final Disposition - Upon the filing of a habeas corpus petition or request for appointment of counsel, unless the application is patently frivolous, the Court shall issue a stay of execution pending final disposition of the petition in the district court.
(b) Stay Pending Appeal - If the petition is denied and a certificate of appealability is issued, the Court shall grant a stay of execution which will continue in effect until the Court of Appeals acts upon the appeal or the order of stay.
(c) Notice of Stay - Upon the granting of any stay of execution, the Clerk of the Court shall immediately notify the Warden of San Quentin Prison and the California Attorney General. The California Attorney General shall assure that the Clerk of the Court has a twenty-four (24) hour telephone number to the Warden.
L.R. 83-17.7 Procedures for Considering the Petition.29 Unless the Court summarily dismisses the petition under Rule 4 of the Rules Governing § 2254 cases, the following schedule and procedures shall apply subject to modification by the Court. Requests for enlargement of any time period in this rule shall comply with the applicable Local Rules of the Court.
(a) Respondent shall as soon as practicable, but in any event on or before thirty (30) days from the date of service of the petition, lodge with the Court the following:
(i) Transcripts of the state trial court proceedings.
(ii) Appellant’s and respondent’s briefs on direct appeal to the California Supreme Court, and the opinion or orders of that court.
(iii) Petitioner’s and respondent’s briefs in any state court habeas corpus proceedings, and all opinions, orders and transcripts of such proceedings.
(iv) An index of all materials described in paragraphs (a)(i) through (a)(iii) above. Such materials are to be marked and numbered so that they can be uniformly cited. Respondent shall serve this index upon counsel for petitioner.
(v) If any items identified in paragraphs (a)(i)through (a)(iv) are not available, respondent shall state when, if at all, such missing material can be filed.
(b) If counsel for petitioner claims that respondent has not complied with the requirements of paragraph (a), or if counsel for petitioner does not have copies of all the documents lodged with the Court by respondent, counsel for petitioner shall promptly file written notice thereof. Respondent shall supply copies of the missing documents forthwith, and file notice of compliance.
(c)(i) In the interest of expediting habeas death penalty cases, it is the policy of the Court to entertain unexhausted claims if the respondent waives the exhaustion issue. However, if the respondent declines to waive the exhaustion issue with respect to any or all claims in the petition, prior to filing a motion, counsel for respondent shall make a good faith effort to confer with counsel for petitioner regarding the exhausted status of each such claim. Unless relieved by written order of the Court upon good cause shown, counsel for petitioner shall confer with counsel for respondent within seven (7) days after service of a letter requesting such conference. The respondent’s letter shall identify each claim that respondent contends is unexhausted, specify the basis for asserting that the claim is unexhausted, and provide any legal authority that respondent contends is dispositive of the exhausted status of that claim.
(ii) If, after the meeting, the parties continue to dispute the exhausted status of one or more claims, the respondent shall file an appropriate motion no later than thirty (30) days after service of the petition. In connection with any motion relating to exhaustion disputes, the parties shall file a joint statement indicating (1) which claims the parties agree have been fairly presented to the state supreme court, (2) which claims the parties agree have not been fairly presented to the state supreme court, and (3) on which claims the parties disagree whether the claim has been fairly presented to the state supreme court.
(d) If respondent does not intend to challenge the exhausted status of any claim in the petition, or is willing to waive exhaustion as to all such claims, respondent shall file an answer within thirty (30) days from the date of service of the petition. Respondent shall include in the answer the matters defined in Rule 5 of the Rules Governing § 2254 Cases and shall attach any other relevant documents not already lodged or filed. An answer that exceeds 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.
(e) Within thirty (30) days after respondent has filed the answer, petitioner may file a traverse.
(f) No discovery shall be had without leave of the Court. A request for discovery shall be presented to the Court by way of a joint stipulation in substantially the same format as required by L.R. 37-2.1. The joint stipulation shall identify the discovery requested, a statement explaining the need for the requested discovery, and opposing counsel’s position regarding the need for the requested discovery.
(g) Any request for an evidentiary hearing by either party shall be made within twenty (20) days from the filing of the traverse, or within twenty (20) days from the expiration of the time for filing the traverse. The request shall include a specification of the factual issues and the legal reasoning that require a hearing and a summary of the evidence of each claim the movant proposes to offer at the hearing. Any opposition shall be filed within fifteen (15) days after the request for an evidentiary hearing was filed. The Court will then determine whether an evidentiary hearing will be held.
L.R. 83-17.8 Evidentiary Hearing. If an evidentiary hearing is held, the Court will order a transcript of the hearing to be prepared and immediately provided to petitioner and respondent for use in briefing and argument as the Court may order.
L.R. 83-17.9 Rulings. The Clerk of the Court shall immediately notify the Warden of San Quentin Prison and the California Attorney General whenever relief is granted on a petition.
The Clerk of the Court shall immediately notify the Clerk of the United States Court of Appeals for the Ninth Circuit by telephone of:
(a) the issuance of a final order denying or dismissing a petition without a certificate of appealability, or
(b) the denial of a stay of execution.
When a notice of appeal is filed, the Clerk of the Court shall immediately transmit the record to the Court of Appeals. The Clerk will, however, retain for future use of the Court a copy of all pleadings and transcripts generated by the proceedings in the district court.
Not later than ten (10) days after the issuance of the mandate of a reviewing court that results in the denial with prejudice of all habeas relief, the respondent shall lodge a complete copy of the state court record and all other items identified in L.R. 83-17.7.
1(83-1.3.1 (a), (b), (c) and (d) amended, effective 7/1/05)
2(83-18.104.22.168 new, effective 3/1/08)
3(83-2.2.1 amended, effective 1/1/10)
4(83-2.3.1 amended, effective 1/1/10)
5(83-2.3.5 new, effective 4/1/09)
6(83-2.4.1 amended, effective 2/1/05; amended, effective 1/1/10)
7(83-2.4.2 new, effective 2/1/05)
8(83-2.7 amended, effective 4/1/08)
9(83-2.8.2 amended, effective 4/1/09; amended, effective 1/1/10)
10(83-3.1 amended, effective 1/1/10)
11(83-3.1.1 amended, effective 1/1/10)
12(83-3.1.3 amended, effective 1/1/10)
13(83-3.1.4 amended, effective 7/1/05; amended, effective 1/1/10)
14(83-3.1.5 amended, effective 7/1/05)
15(83-3.1.6 amended, effective 1/1/10)
16(83-3.1.7 amended, effective 7/1/05)
17(83-3.1.8 amended, effective 1/1/10)
18(83-3.1.9 renumbered to 83-3.2.1 and amended, effective 1/1/10)
19(83-3.1.10 amended, effective 7/1/05; renumbered to 83-3.2.5, effective 1/1/10)
20(83-3.1.11 amended, effective 7/1/05; renumbered to 83-3.2.6 and amended, effective 1/1/10)
21(83-3.1.12 renumbered to 83-3.2.7 and amended, effective 1/1/10)
22(83-3.2 et seq. amended, effective 1/1/10)
24(83-3.3 formerly numbered 83-3.2, effective 1/1/10)
24(83-3.4 formerly numbered 83-3.3, effective 1/1/10)
25(83-5.2 amended, effective 1/1/10)
26(83-6.5.1 amended, effective 11/16/06)
27(83-17.3 (a) amended, effective 3/22/06; 83-17.3(d) amended, effective 1/1/10)
28(83-17.4 (a) amended and 83-17.4 (b) amended, effective 3/22/06)
29(83-17.7(c)(i) amended, effective 1/1/10)