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RELATED DOCUMENTS:
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 Cross-claim

 

 United States District Court
 Central District of California

This is a preview. For access to the full SmartRules Guide,
login or join now.

 

 Timing

Asserted With Answer

See

Amendment of Answer to Assert Omitted Cross-Claim

The court may permit amendment of an answer to allow the assertion of an omitted crossclaim. . more...

Calculating the Due Date or Deadline Pursuant to the FRCP

Under amended FRCP 6(a)(1), all deadlines stated in days, no matter the length of the period, are computed more...

When determining the last day of a filing period stated in days, a day on which the clerk's more...

The end of the last day of a period is defined as midnight in the court's time zone more...

In determining what is the "next" day, one must continue counting in the same direction - that is, more...

Legal holidays are set forth and defined at Rule 6(a)(6). . more...

 Crossclaim Rules

Crossclaim Against Coparty

A pleading may state as a crossclaim any claim by one party against a coparty if the claim more...

Joinder

Rules 19 and 20 govern the addition of a person as a party to a counterclaim or crossclaim. more...

 Heading

Statement of Jurisdiction

A pleading that states a claim for relief must contain a short and plain statement of the grounds more...

Statement of Jurisdiction In First Paragraph

The basis for the Court's jurisdiction must be stated in the first paragraph of the pleading. . more...

Statement of Claim for Relief

Each claim for relief must contain a "short and plain" statement of the claim showing that the pleader more...

Each allegation must be simple, concise, and direct. No technical form is required. . more...

Statement of Claims and Defenses

Paragraphs, Separate Statements

A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to more...

Adoption By Reference, Exhibits

A statement in a pleading may be adopted by reference elsewhere in the same pleading or in any more...

Separate Counts

A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to more...

Alternative and Inconsistent Claims

Each allegation must be simple, concise, and direct. No technical form is required. more...

Alternative Statements of a Claim or Defense

A party may set out 2 or more statements of a claim or defense alternatively or hypothetically, either more...

Inconsistent Claims or Defenses

A party may state as many separate claims or defenses as it has, regardless of consistency. . more...

Construing Pleadings

Pleadings must be construed so as to do justice. . more...

Capacity and Authority

Except when required to show that the court has jurisdiction, a pleading need not allege: more...

A party s capacity to sue or be sued; more...

A party s authority to sue or be sued in a representative capacity; or more...

The legal existence of an organized association of persons that is made a party. . more...

Raising Those Issues

To raise any of those issues, a party must do so by a specific denial, which must state more...

Heightened Pleading Requirements

Rule 9 imposes heightened pleading requirements for, among other things, averments regarding fraud, conditions precedent, and special damages. more...

Actions Challenging The Constitutionality of a Statute

There are special notice and certification procedures for actions that challenge the constitutionality of a statute.(Federal Rule of Civil Procedure 5.1 implements 28 U.S.C. Section 2403 and replaces the former final three sentences more...

Prayer For Relief

A pleading that states a claim for relief must contain a demand for the relief sought, which may more...

Jury Demand

On any issue triable of right by a jury, a party may demand a jury trial by: more...

Serving the other parties with a written demand which may be included in a pleading no later more...

Filing the demand in accordance with Rule 5. . more...

Central District of California SmartRules procedural guide: JURY DEMAND. more...

Limit on Fictitiously Named Parties

No more than ten (10) "Does" or fictitiously named parties are permitted in a complaint or petition. more...

 Form and Format of Papers

Caption

Every pleading must have a caption with the court's name, a title, a file number, and a Rule more...

Nature of Proceeding

The title of a complaint or petition must state the nature of the action or proceeding. . more...

Identification of Three Judge Court

If the pleading party contends that the matter pleaded requires hearing before a three-judge court, the words "Three-Judge more...

Signature Required

Every pleading, written motion, and other paper must be signed by at least one attorney of record in more...

Local Rule Re Signature

All documents, except declarations, shall be signed by the attorney for the party or the party appearing more...

Electronic Signatures

Method of Signing

In the case of a document in which there is only one signatory, who is a registered

In the case of a single document (such as a stipulation) in which there are multiple signatories,

In the case of documents requiring signatures other than those of registered CM/ECF Users (such as declarations), the

Maintenance of Original Hand-signed Documents

With respect to any electronically filed document containing a scanned copy of a hand-signed page, the filer shall

Effect of Signatures on Electronically Filed Documents

Any filing in accordance with this L.R. 5-4.3.4 shall bind the signatories as if the document were physically

Additional Requirements

Central District of California SmartRules Guide: GENERAL RULES AND FORMATTING REQUIREMENTS. more...

Additional Documents

Summons

With respect to any party who has not yet appeared in the action, a completed summons must be more...

Notice of Related Case

With its first appearance, a party may be required to file a Notice of Related Case.A Notice of Related Case must be filed and served when an attorney believes that the filed case more...

Within 5 days of the service of a Notice of Related Case, or on first appearance, any party more...

Notice of Pendency of Other Actions

With its first appearance, a party may be required to file a "Notice of Pendency of Other Actions more...

The Notice must contain: (a) a description sufficient to identify all other actions or proceedings; (b) the title more...

Notice of Petition to the Judicial Panel on Multidistrict Litigation

Where an action is the subject of, or related to, an action before the Judicial Panel on Multidistrict more...

Disclosure Statement

File With First Appearance

A party must file a disclosure statement with its first appearance, pleading, petition, motion, response, or other request more...

Supplemental Filing

A party must promptly file a supplemental disclosure statement if any required information changes. . more...

Contents

A nongovernmental corporate party must file 2 copies of a disclosure statement that identifies any parent corporation and more...

Certification as to Interested Parties

To enable the Court to evaluate possible disqualification or recusal, counsel for all non-governmental parties shall file with their more...

The Notice shall include the following certification: more...

The undersigned, counsel of record for __________, certifies that the following listed party (or parties) may have a pecuniary more...

Signature, Attorney of Record for: more...

.

Form Available

A form of Certification of Interested Parties for the Central District is available online at . more...

Service

The certification must be served on all parties. . more...

Notification As To Refiled Action

With its first appearance, a party may be required to file a Notification As To Refiled Action. more...

Other Documents

The court may supply additional documents that must be served with the Cross-claim. more...

 FILING AND SERVICE

Civil Initiating Documents

Case-initiating documents (such as complaints and notices of removal) and other claim-initiating documents (such as third-party complaints, amended complaints, more...

Fees must be paid in the amount set forth in . more...

Documents requesting emergency relief filed simultaneously with initiating documents must also be presented in paper format. more...

All Claim-Initiating Documents and simultaneously filed emergency-relief documents shall also be submitted in electronic form (PDF format only) by more...

.

Electronic Filing Required in Most Cases

Except as provided in L.R. 5-4.2, all documents filed in civil cases must be filed electronically using the more...

For updated information regarding electronic (and traditional) filing requirements, Central District of California SmartRules procedural guide: FILING DOCUMENTS. more...

Service

Crossclaims must be served on all parties to the action. .Service may be made by mail or personal delivery, or, with consent of the party being served, by more...

Parties Who Have Not Yet Appeared

As to any party who has not yet appeared in the action, the crossclaim and summons must be more...

When the crossclaim adding new parties is filed, the plaintiff presents the summons to the clerk, the clerk more...

Other Filing Rules

Papers must be filed with the court, together with a certificate of service, within a reasonable time after more...

Service Required; Proof of Service

RULE AMENDED EFFECTIVE JUNE 1, 2013

Documents presented to the Clerk for filing or lodging in paper format ( ) must be served in accordance with . more...

Attached Proof of Service Must Be At End of Document

If the proof of service is attached to the document, it must be the last page. (amended eff 6/1/13). more...

Copyright SmartRules 2003-2014 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
Ninth Circuit - AZ Dist
Ninth Circuit - AZ Dist
Ninth Circuit - AZ Dist
Ninth Circuit - AZ Dist
Ninth Circuit - AZ Dist