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 Reply in Support of Motion for Preliminary Injunction

 United States District Court
 Eastern District of California

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

 

 TIMING

Serve and File 7 Days Before Hearing

Not fewer than 7 days preceding the date of hearing, the moving party may serve and file a 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...

 Rules And Requirements

Notice Required

A preliminary injunction will issue only on notice to the opposing party. . more...

Security

No preliminary injunction may issue without the applicant's giving of security. . No such security shall be required of the United States or of an officer or agency thereof. more...

Consolidation

Before or after beginning the hearing on a motion for a preliminary injunction, the court may advance the more...

Immediately Appealable

Any order granting refusing or modifying a preliminary injunction is immediately appealable. . more...

Evidence Becomes Part of the Record

Even when consolidation is not ordered, evidence that is received on the motion and that would be admissible more...

Modification of Injunction

When a preliminary injunction or TRO has been issued, the affected party may apply to the Court for more...

Actions Involving Real Property

A motion for a preliminary injunction or a temporary restraining order to limit picketing, restrain real property encroachments, more...

 REPLY PAPERS

Table of Contents Required

Briefs exceeding 15 pages in length must be accompanied by an indexed table of contents related to the more...

Page Limit

Neither the Federal Rules of Civil Procedure nor the Eastern District of California Local Rules provide a specific more...

Related or Counter-Motions Served at Opposition Deadline

Any counter-motion or other motion that a party may desire to make that is related to the general more...

Signature

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

Electronic Signature

Anything filed using an attorney's name, login and password will be deemed to have been signed by that more...

Any party challenging the authenticity of an electronically filed document or the attorney's signature on that document must more...

Additional Requirements

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

 EVIDENCE

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...

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

Declarations

Factual contentions involved in pretrial motions must be initially presented and heard upon affidavits, except that the court more...

Deposition Testimony Used With Affidavits

Depositions shall not be filed through CM/ECF. Before or upon the filing of a document making reference to more...

Do NOT File Deposition Transcripts Electronically

Depositions may not be electronically filed. (amended eff 9/24/12). more...

Either File or Email Courtesy Copy

Depositions shall not be filed through CM/ECF. Before or upon the filing of a document making reference to more...

Deposition Does Not Become Part of Record

Neither hard copy nor electronic copy of the entire deposition will become part of the official record of more...

Objections to Evidence

Reply papers may include objections to the evidence relied upon by the opposing party. Customarily, objections to evidence are made in a separate document. more...

 FILING AND SERVICE

Electronic Filing Required for Most Documents

Most documents must be filed electronically. (amended eff 9/24/12). more...

Method

For instructions on filing papers using the ECF system, Eastern District of California SmartRules procedural guide: FILING DOCUMENTS. more...

Service on Parties Who Have Consented to Electronic Service

When counsel have consented to electronic service, the Notice of Electronic Filing will constitute automatic service of the more...

Service on Unregistered Parties

If parties are not registered for the CM/ECF system, , prisoners or litigants, the notice will state that those parties were not electronically served. It is the duty of counsel more...

Other Filing Rules

Timing, Proof of Service

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

For updated information regarding filing procedure and requirements, Eastern District of California SmartRules procedural guide: FILING DOCUMENTS. more...

Requests to file documents under seal in the Eastern District of California are governed by Local Rule 141. more...

When service of any pleading, notice, motion, or other document required to be served is made, proof of more...

Filing of Multiple Copies of Paper Documents

One additional legible conformed copy of all paper documents to be filed or lodged shall be delivered to more...

Other Service Rules

Service Upon All Parties

Unless a party expressly waives service, copies of all documents submitted to the Court shall be served upon more...

Service Upon Attorney

Service of all documents authorized to be served is complete when served upon the attorney for the party. more...

Proof of Service for Paper Documents

When service of any pleading, notice, motion, or other document required to be served is made, proof of more...

 HEARING AND DISPOSITION

Request for Continuance of Hearing

Requests for continuances of hearings on the motion calendar, upon stipulation or otherwise, shall be made to the more...

Disposition Without Appearance

The court may make provision by rule or order for the submission and determination of motions without oral more...

Oral Argument; Submission

Upon the call of the motion, the Court will hear appropriate and reasonable oral argument.Alternatively, the motion may be submitted upon the record and briefs on file if the parties stipulate thereto, more...

Failure to Appear Constitutes Withdrawal

Absent notice of intent to submit the matter on the briefs, failure to appear may be deemed withdrawal more...

Contents and Scope of Order

Contents

Every order granting an injunction and every restraining order must: more...

(A) state the reasons why it issued; more...

(B) state its terms specifically; and more...

(C) describe in reasonable detail and not by referring to the complaint or other document the act more...

Persons Bound

The order binds only the following who receive actual notice of it by personal service or otherwise: more...

(A) the parties; more...

(B) the parties officers, agents, servants, employees, and attorneys; and more...

(C) other persons who are in active concert or participation with anyone described in Rule 65(d)(2)(A) or (B). more...

 

Submitting Proposed Findings

For instructions on submitting proposed findings of fact and conclusions of law, Eastern District of California SmartRules procedural guide: more...

Prevailing Party Must Prepare Order

If the Court makes an oral order and does not otherwise indicate, the prevailing party must prepare, serve, more...

 Effect on Trial

Evidence from Preliminary Injunction Hearing Becomes Part of Record

Even when consolidation is not ordered, evidence that is received on the motion and that would be admissible more...

Copyright SmartRules 2003-2013 exclusive of the text of Government codes

 

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RELATED DOCUMENTS:
Ninth Circuit - AZ Dist
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