Local Rule 101: DEFINITIONS

RULE 101 (Fed. R. Civ. P. 1)

DEFINITIONS For purposes of these Rules, unless the context otherwise requires, the terms below are defined as follows.

"Action" means a case, proceeding, or matter.

"Affidavit" includes a declaration prepared in accordance with federal law. See 28 U.S.C. § 1746.

"Attorney" refers to a member of the Bar of this Court, licensed to practice law by the State of California or a member of the bar in another state authorized to practice in this Court unless inconsistent with the purpose and intent of a particular Rule. Compare "attorney" with "counsel." See L.R. 183.

"Attorney's Signature" includes either a handwritten signature or an electronic signature.

"Briefs" include memoranda, points and authorities, and other written arguments, or compilations of authorities.

"Chief Judge" means the Chief Judge of the District appointed pursuant to 28 U.S.C. § 136.

"Clerk" means the Clerk of the District Court appointed pursuant to 28 U.S.C. § 751, or a duly authorized deputy clerk, as the case may be.

"CM/ECF" is the Case Management / Electronic Case Files docketing and file system implemented by the Eastern District of California. Districts implementing CM/ECF electronically manage their case files, i.e., the case files are stored in a data base and not in paper (CM), and filings in court are performed, to the extent possible, electronically in lieu of paper (ECF).

"Complaint" includes any complaint, petition, counterclaim, cross-claim, claim for relief under Fed. R. Civ. P. 14, or other claim for affirmative relief.

"Conventional Filing" is the filing of a document with the Clerk of Court in paper format. Documents filed conventionally may be filed via mail or in person. Parties that require a conventionally-filed document to be conformed and returned must submit one additional legible conformed copy, and if mailed, a postage paid return envelope. If a postage paid envelope is not received, documents cannot be returned.

"Conventional Service" is service during the course of an action accomplished pursuant to Fed. R. Civ. P. 5(b)(2)(A)-(D) and Fed. R. Crim. P. 49.

"Courtesy Paper Copy" is a document submitted in paper format to the Clerk for delivery to chambers when an electronic filing exceeds 25 pages or an exhibit or attachment exceeds 50 pages. The courtesy paper copy must be prominently labeled COURTESY COPY in the upper right corner of the first page. See L.R. 133(f).

"Counsel" refers to an attorney and/or a party acting in propria persona or pro se. See L.R. 183.

"Court" means the Judge and/or Magistrate Judge to whom an action has been assigned or before whom an action is being conducted.

"Courtroom Deputy Clerk" means the deputy clerk assigned to the particular Judge or Magistrate Judge to whom an action has been assigned or the Judge or Magistrate Judge before whom an action or a part thereof is being conducted.

"Days" are calculated pursuant to Fed. R. Civ. P. 6 and Fed. R. Crim. P. 45, for the purposes of these Local Rules.

"Defendant" includes any party against whom a complaint, petition, counterclaim, cross-claim, claim for relief under Fed. R. Civ. P. 14, indictment, information, violation notice, citation, or any other claim for affirmative relief is made.

"Direct Electronic Filing" means the filing of a document in electronic format via the Internet through the Court's ECF system.

"ECF System" means the Electronic Case Files system used by the Court, also referred to as CM/ECF, that allows for the filing and service of documents in .pdf format.

"E-Filing Registration" means registering with the United States District Court for the Eastern District of California to file documents electronically through ECF, distinct from PACER registration; e-filing registration also acts as a consent to service by electronic means during the course of an action unless the attorney opts out. See L.R. 135(g).

"Electronic Case Files" are the official records of each case file kept by the Court in electronic format.

"Electronic Filing" means the filing of documents in .pdf format through the Court's ECF system or submitted to the Clerk in electronic format on portable electronic media.

"Electronic Signature" is the signature on an electronically-filed document, constituting a combination of (1) the person's representative signature, "/s/ - Name" or a facsimile personalized signature on the signature line of the document, coupled with (2) the successful electronic filing of that document through use of the person's login and password. Alternatively, when a document is submitted to the Clerk on portable electronic media, signatures shall appear either as a facsimile of the original (in a scanned document placed on portable electronic media), or on a separate, scanned signature page if the document was published to .pdf and then placed on portable electronic media. In the latter situation, the docket shall reflect submission of the signature page.

"Email Box" means the email box assigned to each respective Judge or Magistrate Judge as listed on the Court's website used exclusively for transmission of emailed documents pertinent to court proceedings.

"En banc" means the several Judges or Magistrate Judges acting as a group or sitting en banc.

"Fed. R. App. P." means the Federal Rules of Appellate Procedure.

"Fed. R. Civ. P." means the Federal Rules of Civil Procedure.

"Fed. R. Crim. P." means the Federal Rules of Criminal Procedure.

"Filed" means delivered into the custody of the Clerk and accepted by the Clerk for inclusion in the official records of the action. Documents are filed for purposes of these Rules whether they are conventionally filed in paper or electronically filed, so long as the manner of filing is as provided for in these Rules or by order of the Court. See generally L.R. 133.

"General Duty Judge" means the Judge in Sacramento appointed by the Chief Judge to perform the following duties in Sacramento:

(a) Preside over naturalization ceremonies (or arrange for a substitute Judge or Magistrate Judge), and hear contested applications for citizenship;

(b) Select and impanel Grand Juries and preside over matters before the Grand Jury, including release and substitution of jurors and alternates, motions to compel testimony and production of records, bank secrecy and other protective orders, issuance of subpoenas and motions to disclose or quash, receipt and safekeeping of confidential materials such as those submitted to the Court pursuant to Fed. R. Crim. P. 6(e)(3)(B);

(c) Preside over attorney admissions;

(d) Assume and discharge the duties of a United States Magistrate Judge when the need arises; and

(e) Preside over such other miscellaneous matters as may from time to time be designated by the Chief Judge.

"General Order" means an order entered or adopted by the Chief Judge or by the Judges en banc relating to internal court administration. See L.R. 102(a).

"Judge" means a United States District Judge.

"Lodged" means delivered to the Clerk or to the courtroom deputy clerk for inclusion in the official records of the action. Lodged documents are not normally part of a record on appeal.

"Magistrate Judge" means a United States Magistrate Judge appointed pursuant to 28 U.S.C. § 631.

"Magistrate Judge Actions" are all criminal complaints, initial Rule 40 appearances or class B and C misdemeanors also known as "Petty Offense Actions," and all other actions opened as "mj" actions.

"Miscellaneous Case/Action" is a number assigned to an ancillary or supplementary proceeding not defined as a civil or criminal action.

"Motion" means a motion, application, petition, or other request made to the Court for an order or other judicial activity.

"Notice of Electronic Filing" is a notice generated in ECF that notifies parties that a document has been filed.

"Order" means any directive by the Court other than a judgment, including oral, telephonic, written, and electronic directives.

"PACER," short for Public Access to Court Electronic Records, is a system maintained by the Administrative Office of the United States Courts for access to court electronic records. Registration to this system is required to access documents filed in ECF.

"PACER Registration" is a separate requirement for e-filing along with e-filing registration. PACER registration allows users to view documents through the PACER (Public Access to Court Electronic Records) System, http://pacer.psc.uscourts.gov. See L.R. 135(g)(2).

".PDF" or "Portable Document Format" is the required format for documents filed through the ECF system. Documents may be converted to .pdf format through .PDF software.

".PDF Software" is the software needed to convert word processor or scanned documents to .pdf format.

"Plaintiff" includes any party who files a complaint, petition, cross-claim, claim for relief under Fed. R. Civ. P. 14, or any other claim for affirmative relief.

"Pretrial Conference" means the final pretrial conference as defined in Fed. R. Civ. P. 16(e). See L.R. 282.

"Prisoner Actions" are actions brought in propria persona by a person in custody who is seeking habeas corpus relief (28 U.S.C. § 2241 et seq.) or any relief authorized by 42 U.S.C. § 1981 et seq., or actions pursuant to Bivens or the Federal Tort Claims Act.

"Pro Se Action" means an action in which all the plaintiffs or all the defendants are proceeding in propria persona. In these Rules, "pro se" and "in propria persona" are used interchangeably.

"Received" means accepted by the Clerk for physical inclusion in the Court's records but not suitable for filing as part of the official record in the action, e.g., copies of correspondence between the parties, letters to the Court not suitable for filing, and other miscellaneous documents. Received documents are not normally part of a record on appeal.

"Removed Case" means an action removed from state court to federal court pursuant to 28 U.S.C. § 1441 et seq. Removed cases are initiated pursuant to the CM/ECF procedures in the same fashion as any other civil action. The appropriate state court file records, see 28 U.S.C. §§ 1446(a), 1447(b), should be filed electronically or as otherwise provided herein. See L.R. 133.

"Serve" includes service of process, personal and mailed service during the course of the action by conventional filers, and the service of documents by electronic filers during the course of the action effected through the CM/ECF System and communicated by the Notice of Electronic Filing. See Fed. R. Civ. P. 4, 4.1, 5; Fed. R. Crim. P. 49, L.R. 135.

"Signature" refers to either a handwritten signature on a paper document or an electronic signature. A signature on a document submitted to the Clerk on portable electronic media shall appear either as a facsimile of the original in a scanned document, or on a separate, scanned signature page if the document was published to .pdf. See L.R. 131.

"Status Conference" means any pretrial, scheduling, or discovery conference excepting the final pretrial conference as defined in Fed. R. Civ. P. 16(e). See L.R. 240.

"Text Only Order" refers to an order issued by the Court without an attached electronic document. The order appears as a docket entry with the words "Text Entry Only." See L.R. 137.

"Weapon" means any instrument intended to be used for attack or defense, including but not limited to firearms and knives. See L.R. 103.