Local Rule LR Cv 5: FORM AND FILING OF DOCUMENTS

LR Cv 5 FORM AND FILING OF DOCUMENTS

(a) Form and Content of Documents. All documents filed in a civil case shall be on 8½" x 11" paper and shall include the following:

(1) Captions. Any pleading or other document asserting a claim or counterclaim of any type shall include the full caption showing the names of all parties. Documents filed after a case is docketed shall also include the name, case number and initial(s) of the judge to whom the case has been assigned.

(2) Titles. All documents shall bear a title that concisely states the precise nature of the document and identifies the party filing it.

(3) Format; Page Numbering. Unless otherwise provided or ordered by the Court, all documents shall be double-spaced and typed in at least 12-point font. Footnotes shall be in at least 10-point font and may be single-spaced. Where a document is more than one page in length, the pages shall be numbered at the bottom center of each page.

(4) Jury Demand. Any pleading containing a demand for a jury trial shall set forth the demand to the right of the caption, below the case number.

(5) Signing of Pleadings. All documents filed on behalf of a party shall be signed by counsel representing the party on whose behalf the document is filed, or in the case of parties proceeding pro se, by the party himself or herself. The name, address and telephone number of the individual signing the document shall be typed or printed below the signature. Documents filed by attorneys also shall bear the attorney's bar number, and the name, address, fax number and e-mail address of the attorney's law firm.

(b) Civil Cover Sheet. Any person filing a complaint in a civil case or any other document that requires a file to be opened shall contemporaneously file a completed civil cover sheet describing the type of case and identifying any related case previously filed or pending in this Court. The Clerk may reclassify a case if the cover sheet does not accurately describe its type. Cover sheets shall be provided by the Clerk upon request.

(1) Related Case. A party initiating a civil case shall identify any cases previously filed or pending in this Court on the civil cover sheet that involve:

(A) some or all of the same parties; and

(B) the same or substantially similar issues of fact.

(2) Ongoing Duty. After the assignment of a civil case pursuant to LR Gen 105, counsel shall promptly notify the Court if they identify a related case as defined in LR Cv 5(b)(1) to avoid unnecessary duplication of judicial effort.

(c) Filing Fee. Any applicable filing fee prescribed by law shall be paid to the Clerk at the time of filing. If payment is made by check, the check shall be made payable to "Clerk, United States District Court."

(d) Discovery Documents. Unless otherwise ordered by the Court, disclosures made under Fed. R. Civ. P. 26(a)(1)-(3), notices of deposition, deposition transcripts, interrogatories, requests for production, requests for admission, and answers and responses thereto, shall not be filed with the Court. The parties in possession of such documents shall be responsible for preserving them and making them available for use at trial and/or for other purposes required by the Court.

(e) Subpoenas. Subpoenas, including proofs of service, shall not be filed with the Court, unless otherwise ordered by the Court or required by the Federal Rules of Civil Procedure. The parties in possession of such documents shall be responsible for preserving them and making them available for use at trial and/or for other purposes required by the Court.

(f) Place for Filing Documents. The original and all copies of any document filed with the Court that is part of the record in a case shall be filed with the Clerk. Such documents shall not be filed in a judge's chambers, unless otherwise required by these Rules or authorized by that judge. The Clerk will retain and docket original documents and will forward copies to the judicial officer to whom the case has been assigned.

Effective 4/1/24: §(b) amended. Effective 12/1/17: §(b) amended and comment removed. Effective 12/1/15: §(b) amended and comment added. Effective 12/1/11: (b) amended. Effective 10/1/09: New §(e) added, and old §(e) redesignated §(f). Effective 1/5/09: §(a)(3) amended. Effective 3/17/08: §§(a)(3) and (d) amended.

CROSS-REFERENCES See LR Cv 5.1 (Proof of Service of Summons and Other Documents), LR Cv 5.2 (Notice by Publication), LR Cv 7 (Motions and Other Papers) and LR Cv 56 (Motions for Summary Judgment). See also LR Cr 57 (form and filing of documents and use of cover sheets in criminal cases); and 28 U.S.C.§1914(a) (governing filing fee for civil actions).