Local Rule LR 3-4: Initial Filing Requirements

LR 3-4 Initial Filing Requirements

(a) Advance Payment Required (See 28 U.S.C. § 1914(c))

Before a document can be accepted for filing - or before the Clerk's Office can provide any services covered under the Schedule of Fees adopted by the Judicial Conference of the United States - the filing party, or the person requesting services, must pay all required fees, or file an in forma pauperis application for waiver of fees pursuant to 28 U.S.C. § 1915(a).

(b) Applications to Proceed In Forma Pauperis (See 28 U.S.C. § 1915)

The clerk is directed to conditionally grant an Application to Proceed In Forma Pauperis and not delay the filing, assignment, and statistical opening of any civil action pending final review and decision on the application by the Court. (See "Application to Proceed In Forma Pauperis - Incarcerated Person" and "Application to Proceed In Forma Pauperis" forms.)

(c) Civil Cover Sheet A completed JS-44 Civil Cover Sheet is required to be filed with every civil complaint, petition, or other paper that initiates a civil action.

(d) Consent to Magistrate Judge Jurisdiction in Social Security Cases In a case seeking review of the decision of the Commissioner of Social Security filed pursuant to 42 U.S.C. § 405(g), a plaintiff represented by counsel must indicate whether the plaintiff consents to Magistrate Judge jurisdiction at the time of filing.

Practice Tips 1. Copies of the JS-44 Civil Cover Sheet are available at the Divisional Office Intake Counters in Portland, Eugene, and Medford, and are available on the Court's website.

2. Checking the JURY DEMAND box on the JS-44 Civil Cover Sheet does not constitute a valid jury demand pursuant to LR 38 or Fed. R. Civ. P. 38(b).

3. Patent, Trademark, and Copyright Notices. AO Form 120 or AO 121 must be filed when initiating an action that includes a patent, trademark, or copyright claim. See LR 10-4.