FEDERAL LITIGATION QUICK REFERENCE

1 FEDERAL LITIGATION QUICK REFERENCE Page 1 of 7 Copyright SEDM, , LITIGATION Tool , Rev. 5-21-08 FEDERAL LITIGATION QUICK REFERENCE 1. DISTRICT COURT TIME LIMITS # Requirement Value Authority Computation of time 6 Time limit for filing a notice of appeal following entry (filing) of judgment 30 court days if not a party 60 court days if is a party 4(a)(1) 28 2107(a) 4(a)(1)(B) 28 2107(b) Advanced notice for filing a motion 28 calendar days before hearing minimum Local Rules ( civil rule (e)(1) in Calif. Southern District) Opposition motion due 14 calendar days before hearing minimum Local Rules ( civil rule (e)(2) in Calif.)

2 Southern District) Reply brief due 5 Court days prior to hearing Local Rules ( civil rule (e)(3) in Calif. Southern District) Notice from judge regarding waiver of oral arguments 10 calendar days before hearing Local custom Time limits on service of summons before dismissal of action No later than 120 days after filing of Complaint 4 Maximum length of time to respond to interrogatories, requests for admissions, and requests for production of documents without leave of court 30 days 36(a) (RFA) 34(b) (RFP) 33(b)(3) (Int.) Maximum amount of time to respond to questions at a deposition Unlimited 30-32 Number of days before trial that Pretrial Disclosure of evidence and witnesses must be made 30 days 26(a)(3) Number of court days after a pleading or order is filed in which to petition the court for a more definite statement regarding the content of the 10 court days 12(e) Deadline for filing motions or applications for reconsideration 30 days after filing of order Local Rules ( civil rule (i)(2) in Calif.

3 Southern District) Number of court days after a pleading or order is filed in which to petition the court to amend the pleadings for fraud, mistake, or error 10 court days 59(e) 2. OTHER DISTRICT COURT LIMITS AND VALUES # Requirement Value Authority Maximum length of opposition brief in civil case (without leave of court) 25 pages Local Rules ( civil rule (h) in Calif. Southern District) Maximum length of reply briefs in civil case 10 pages Local Rules ( civil rule (h) in Calif. Southern District) Maximum length of opposition brief in criminal case 25 pages Local Rules ( civil rule (3) in Calif.

4 Southern District) Cost to file complaints $350 Calif. Southern District Number of copies of pleading to file with court 2 Local custom Size of text on pleadings 10 pt minimum Local Rules ( civil rule for Cal. Southern District) Location and format of case number on each pleading page Lower right corner ( 05cv00934) Local Rules ( civil rule (b) in Calif. Southern District) Maximum number of admissions without leave of court Unlimited by Local rules may limit further. CA Southern District limits to 25. 36 26(b)(2) (Court may limit) 26(d) Local Rules limit to 25 ( civil rule (a) in Calif.

5 Southern District) Maximum number of interrogatories without leave of court 25 33(a) Local Rules limit to 25 ( civil rule (a) in Calif. Southern District) Maximum number of requests for the production of documents without leave of court Unlimited 34 All subpoenas issued by pro per litigants must be signed by the clerk of the court 45(3) FEDERAL LITIGATION QUICK REFERENCE Page 2 of 7 Copyright SEDM, , LITIGATION Tool , Rev. 5-21-08 3. APPELLATE COURT LIMITS AND VALUES # Requirement Value Authority Briefing schedule determined by 31(a) or by order of court 9th Number of copies of briefs to file 15 with Court for party represented by counsel 7 with Court for sui juris or pro per 2 copies served upon unrepresented party 9th 31-1 31(b) Date of service of briefs and motions Date of mailing Opening Brief due 40 days after record is filed 31(a)(1) Appellant Brief due 30 days after Appellants Brief served 31(a)(1) Reply Brief 14 days after service of Appellee s Brief 31(a)(1)

6 Response to motions due 8 business days from time of service of motion 27(a)(3)(A) Reply to motion due 5 business days from service of response. 27(a)(4) 26(c ) Motions should provide position of the opposing party. Adv. Committee Note to Rule 27-1(5) 9th (b)(6) Limit on size of Motions/Responses 20 pages exclusive of accompanying documents. Affidavits excluded. 27(d)(2) Extensions of time to file trial transcripts filed pursuant to Ninth Cir. R. 9th Cir. R. Extensions of time to file briefs filed At least seven calendar days before the due date 9th Cir.

7 R. (b) Five separately bound excerpts of record with white covers shall be filed at the time appellant files the Opening Brief. Each party shall be served with one copy of the excerpts 9th Each volume of excerpts limited to 300 pages. General information, office of the clerk Opening/Answering/Reply/Cross-appeal brief must be either 1. Proportionately spaced, 14 point typeface and not to exceed 14,000 words; reply briefs limited to 7,000 words 2. Monospaced, have or fewer characters per inch and contain less than 14,000 words or 1,300 lines of text; Reply briefs limited to 7,000 words or 650 lines.

8 32(a)(7)(C) 9th 32-1 9th Cir. Form 8 Petition for panel rehearing/petition for rehearing en banc/answer size limits 1. Proportionally spaced, 14 point typeface, less than 4,200 words 2. Monospaced, have or fewer characters per inch and contain less than 4,200 words or 390 lines of text 9th 35-4 9th 40-1 9th Cir. Form 11 Electronic service by consent is permitted 9th 9th Cir. Form 13 Number of copies of motions to file (Send an extra copy in self-addressed stamped envelope if you are requesting a conformed copy for your files) Original and four copies 27 and 32(c )(1) 9th 27 Format and organization of briefs 28, 30, 32 Tip on late filings If you received a served document late, it is best to call the clerk and notify him and either ask him for an extension or submit a motion to extend time.

9 28, 30, 32 FEDERAL LITIGATION QUICK REFERENCE Page 3 of 7 Copyright SEDM, , LITIGATION Tool , Rev. 5-21-08 4. TOPICAL INDEX IN ALPHABETICAL ORDER # Topic/Subject Authority Actions relating to unincorporated associations Amended pleadings 15 Appeal procedure 3 Contents of pleadings 6(d) and 56 Court discipline and complaints 28 351-353 Local Rules (rule 83 for Cal. Southern District) Cross Complaints 13 Declaratory judgments 57 Depositions 30-32 Depositions before action or pending appeal 27 Dismissal of actions 41 Injunctions 65 Interrogatories 33 Jury Trial Seventh Amendment 38 Title 18 Appendix, Rule 38 28 2402 (actions against the United States) Local Rules (rule for Cal.)

10 Southern District) Magistrate judge authority 28 636 72-73 Pretrial: Pretrial conference Setting of time for trial 17 16 Protective Orders 26(c ) Qualifications of judge 28 133 Requests for admissions 36 Requests for production of documents 34 Sanctions 11 (Upon Counsel) 16(f) (For failure in pretirial preparations) 37 (Failure to cooperate with discovery) Local Rules (rule for Cal. Southern District) Service of summons 4 Stipulations regarding discovery procedure 29 Substitution of Parties 25 Subpoenas 45 Summary judgment 56 Trial: Assignment of case for Selection of jurors Jury instructions 40 47 51 Use of depositions in court proceedings 32 FEDERAL LITIGATION QUICK REFERENCE Page 4 of 7 Copyright SEDM, , LITIGATION Tool , Rev.