Local Rule 512: PROCESS GENERALLY
E.D. Cal. — Civil rule
RULE 512 PROCESS GENERALLY
(a) Issuance of Summons. See L.R. 210(a).
(b) Proof of Service. See L.R. 210(b).
(c) Judicial Authorization for Arrest, Attachment or Garnishment. See Supplemental Rules B(1), C(3). Unless otherwise ordered, the review of complaints and accompanying papers provided for in Supplemental Rules B(1) and C(3) is conducted in the absence of the affiant party or attorney. The plaintiff shall lodge a form of order that, upon signature by the Court, will direct the arrest, attachment or garnishment. See L.R. 137(b).
(d) Issuance of Authorization by the Clerk. Process may be issued by the Clerk only when a plaintiff or attorney certifies by affidavit filed with the Clerk that specified exigent circumstances make review by the Court impracticable, but no such process shall be issued until every effort to secure judicial review has been pursued, including conducting a hearing by telephone conference.
(e) Use of State Procedures. When the plaintiff invokes a state procedure in order to attach or garnish under Fed. R. Civ. P. 4(n), the process of attachment or garnishment shall so state.
(f) Instructions to Marshal. If service of process is to be effected by the Marshal, see Supplemental Rules C(3) and E(4), the party who requires service shall state in writing that party's instructions to the Marshal on appropriate forms available from the Marshal's Office specifying information necessary to effect service. If the party does not wish the process to be served at the time of giving instructions, the party shall request that service of process be held in abeyance. In such a case, the Marshal has no responsibility to ensure that process is served at a later date absent further instruction.
(g) Seizure of Property Already in Custody of the United States. When property in the custody of an officer or employee of the United States is to be arrested or attached, the person effecting service shall deliver a copy of the complaint and warrant for arrest, order of the Court, or summons and process of attachment, to such officer or employee or, if such officer or employee is not found within the District, then to the custodian of the property within the District. The person effecting service shall notify such officer, employee, or custodian not to relinquish the property from custody until ordered to do so by the Court.