Local Rule LR 5-9: Documents Not Filed With the Court

LR 5-9 Documents Not Filed With the Court

(a) Documents Retained by Parties Unless required by the Court in a particular proceeding, the following documents must be retained by the parties and not filed with the Court:

Notices of depositions and transcripts (see LR 27 and LR 30);

Interrogatories and responses (see LR 33);

Requests for production and responses (see LR 34);

Requests for admissions and responses (see LR 36);

Expert witness disclosures (see LR 16 and LR 26);

Unaccepted offers of judgment (see LR 68); and Initial Disclosures. (see LR 26)

(b) Service of Non-Filed Documents on Parties Any document enumerated in LR 5-9(a) served pursuant to Fed. R. Civ. P. 5 must also be provided concurrently to a party by e-mail. Interrogatories, requests for production, and request for admissions must be e-mailed in a word processing agreed upon by the parties.

Commentary The purpose of LR 5-9(a)-(b) is to allow counsel to prepare responses to discovery documents easily and efficiently. This rule does not affect the prescribed period for taking any action in response to the document, which is calculated according to the selected method of service.

(c) Proposed Forms of Orders or Judgments (See LR 10-7)

Proposed forms of orders or judgments should not be submitted unless stipulated to by the parties or requested by the Court.

When requested by the Court, a proposed form of order or judgment submitted by counsel must include the words "SUBMITTED BY."

Example SUBMITTED BY: John Q. Attorney John Q. Attorney OSB # 999-99999 (541) 999-9999 Attorney for Plaintiff Smith Corporation, Inc.

If requested, the proposed document should be e-mailed to the applicable judge. See Practice Tips for an example.

Practice Tip

(1) E-mail addresses in the following format have been established for each Chambers to receive submitted jury instructions and proposed forms of order under LR 5-9(c): . In this example, the initials HZ are for Judge Hernández and the initials are to change for each judge.

(2) Contact chambers for preferred electronic file format.

(d) Return of Unfiled Documents or Correspondence The Clerk will not accept for filing any courtesy or information copies of documents or correspondence exchanged between the parties unless they are contemporaneously filed as an exhibit or appendix to a pleading or other document.

(e) Letter Correspondence to the Court Unless directed by the Court, letters to the Court will not be docketed. (See Fed. R. App. P. 10(a) for guidance about including undocketed correspondence in the official record on appeal.)