Skip to main content

RULE 100 (Fed. R. Civ. P. 1)

TITLE – CONSTRUCTION – NUMBERING

(a) Title. These are the Local Rules of Practice for the United States District Court, Eastern District of California. They may be cited as "L.R."

(b) Numbering. When a Local Rule is a general, civil, or magistrate judges' Rule, the Rule number appears without designation; when criminal, the abbreviation "Crim" prefaces the Rule number to distinguish it. Admiralty and In Rem Rules are prefaced by the letter "A."

(c) Construction. These Local Rules are adopted pursuant to 28 U.S.C. § 2071, Fed. R. Civ. P. 83, and Fed. R. Crim. P. 57. They are intended to supplement and shall be construed and administered consistently with and subordinately to the United States Constitution; federal statutes; the Federal Rules of Civil Procedure, including the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions (Supplemental Rules); the Federal Rules of Criminal Procedure; the Federal Rules of Appellate Procedure; and the Rules Governing Section 2254 Cases in the United States District Courts.

(d) Applicability. Local Rules 100 through 199 and 300 through 399 govern proceedings in all actions in the United States District Court for the Eastern District of California to the extent not inconsistent with other Rules more specifically applicable to the particular action. Local Rules 200 through 299 govern proceedings in civil actions only, while Local Rules 400 through 499 are limited in application to criminal actions. Local Rules 500 through 599 are the Admiralty and In Rem Rules for the Eastern District of California.

(e) Effective Date. These Local Rules are effective on December 1, 2009, and shall govern all actions then pending or commenced thereafter. Where justice requires, the Court may order that an action pending before that date be governed by the practice of the Court before the adoption of these Local Rules.

(f) Electronic Filing Rules. These Local Rules include the requirements and procedures for electronic filing, service, and retention of documents. The Clerk shall maintain on the Court's website a comprehensive electronic filing user's manual that contains the procedures applicable to electronic filing. The Clerk shall notify the membership of the Bar of this Court and other attorneys authorized to practice in this Court of changes to electronic filing procedures by the most appropriate means.