Motion to Dismiss

 

 United States District Court
 Central District of California

 

Before Responsive Pleading

For any party other than the United States, a Rule 12(b) motion must be made on or before more...

Response to Amended Complaint

A pleading responsive to an amended complaint is due within the time remaining for response to the original more...

Rule 4 Waiver

If service of the summons has been timely waived on request under Rule 4(d), defendant must serve an more...

After Granting Motion For a More Definite Statement

If the court grants a motion for a more definite statement, the responsive pleading must be served within more...

Cut-off or Deadline

The court must set a motion cut-off date or deadline. . more...

Local Briefing Schedule Rules

Scheduling the Hearing

Most Central District judges designate a certain day of the week and time for civil motion hearings, and more...

Moving Papers

If mailed, the notice of motion must be served not later than 31 days before the MotionMotions must be filed with the clerk not later than before the hearing date. more...

Opposition Papers

Opposition papers must be served and filed at least before the hearing date. . more...

Reply Papers

Reply papers must be served at least before the hearing date, not excluding Saturdays, Sundays and holidays. more...

If Hearing Date Continued

Unless otherwise specified by the court, the entry of an order continuing a hearing on a motion automatically more...

Lodge Deposition Transcripts 10 Days Before Hearing

The relevant portion of any deposition transcript must be authenticated, attached as an exhibit, and bracketed in the more...

Service of Notice, Motion and Affidavits Under the FRCP

In Case of Conflict Follow Local Rules

Editor's Note: In case of conflict between local rules and the Federal Rules of Civil Procedure regarding motion more...

Notice, Motion and Affidavits--14 Days Before Hearing

A written motion and notice of the hearing must be served at least before the time specified for the hearing, except, when the motion may be heard ex parte, when these more...

Opposing Affidavits--7 Days Before Hearing

Except as Rule 59(c) provides otherwise, any opposing affidavit must be served at least before the hearing, unless the court permits service at another time. more...

Service by Mail, Delivery to Clerk, Electronic or Other Means--3 Additional Days

When a party may or must act within a specified time after service and service is made under more...

Calculating the Due Date or Deadline

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

When determining the last day of a filing period stated in days, a day on which the

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

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

Grounds

A Rule 12(b) motion can be based on: (1) lack of subject matter jurisdiction; (2) lack of personal more...

Matters Outside the Pleadings -- Conversion to Motion for Summary Judgment

If, on a motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to and not more...

Joining Motions

A motion under Rule 12 may be joined with any other motion allowed by Rule 12. . more...

Limitation on Further Motions

Except as provided in Rule 12(h)(2) or (3), a party that makes a motion under this rule must more...

Waiving and Preserving Defenses

A party waives any defense listed in Rule 12(b)(2)-(5), these include lack of personal jurisdiction, improper venue, insufficient process more...

Failure to state a claim upon which relief can be granted, to join a person required by Rule more...

Lack of Subject-Matter Jurisdiction

If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action. more...

Before Trial Or Deferred Until Trial

If a party so moves, any defense listed in Rule 12(b)(1)-(7) whether made in a pleading or by more...

Motion

A motion must be made in writing, (unless made during a hearing or at trial), and must set more...

First Page Must Include Hearing Date and Time

The first page of every document filed in connection with a motion must include, under the title of more...

Notice of Motion

The notice of motion must include a concise statement of the relief or Court action sought by the more...

Certification of Conference of Counsel

Except in exempt cases, or for discovery motions or applications for TROs or preliminary injunctions, all motions must more...

"This motion is made following the conference of counsel pursuant to Local Rule 7-3 which took place on more...

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Memorandum of Points and Authorities

A memorandum of points and authorities must set forth the legal points and authorities and evidence on which more...

25 Page Limit on Briefs

Memoranda of points and authorities, pre-trial, trial, and post-trial briefs shall not exceed 25 pages in length, excluding indices more...

Table of Contents and Authorities

Any memorandum of points and authorities or any brief exceeding 10 pages in length, excluding exhibits, shall be more...

Entire Document Sequentially Numbered

A memorandum of points and authorities must be numbered consecutively at the bottom of each page.. Exhibits must be numbered consecutively with the principal document. 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 Signature

Detailed requirements regarding electronic signatures can be found at Central District General Order 10-07 (VIII) . more...

Additional Requirements

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

Supporting and Opposing Affidavits Under the FRCP

Any affidavit supporting a motion must be served with the motion. Except as Rule 59(c) provides otherwise, any more...

Central District of California SmartRules procedural guide: DECLARATIONS. more...

Written

Declarations or other written evidence must support factual contentions in memoranda of points and authorities. The Court may require or allow oral examination of any declarant or witness. more...

Deposition Testimony

The relevant portion of any deposition transcript must be authenticated, attached as an exhibit, and bracketed in the more...

Presentation of Evidence Converts Motion

If, on a motion under Rule 12(b)(6) (failure to state a claim upon which relief can be granted) 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: (1) identifies any parent corporation and any publicly held corporation owning 10% or more of its stock; or 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...

 

Notification As To Refiled Action

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

Proposed Order

Central District of California SmartRules procedural guide:PROPOSED ORDER. more...

Electronic Filing Required in Most Cases

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

Traditional Filing and Service Rules

Filing and Service Required

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

Traditional Service

Service of papers must be made on all parties by mail, personal delivery, or, with the written consent more...

Attached Proof of Service Must Be At End of Document

If the proof of service is attached to the original document, it must be attached as the last more...

Appearance

Counsel for both parties must be present at the hearing and familiar with the case. Failure to appear may be deemed consent to an adverse ruling. more...

Preparation of Order

The attorney directed to do so by the Court shall prepare each order. When the Court orders a more...

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