Local Rule LOCAL CIVIL RULE 10: FORM OF PLEADINGS

LOCAL CIVIL RULE 10 - FORM OF PLEADINGS

(a) Form: Statement Regarding Filing of Documents.

(1) All documents drafted for filing in this Court shall be on 8-1/2 by 11 inch paper, numbered sequentially, plainly written in ink or printed in no smaller than standard 12-point typeface without defacing erasures or interlineations, shall be double spaced and if filed in paper format, not printed on the reverse side of the paper. Footnotes may be printed in no smaller than standard 10-point typeface. Quotations and footnotes may be single spaced. All margins must be no less than one inch. No print or writing, except page numbers, must appear in the margins, and page numbers must not be less than one-half inch from the bottom of the page.

(2) In addition to the requirement of Fed. R. Civ. P. 10(a), after allotment the caption shall also indicate the initials of the United States District Judge and United States Magistrate Judge ("Magistrate Judge") to whom the case is assigned (e.g., 10-CV-292-JVP-SCR).

(3) A completed and executed Civil Cover Sheet form shall accompany the initial pleading of each civil case to be filed, except that such requirement shall not apply to persons in the custody of civil, state, or federal institutions or to persons filing cases pro se.

(4) In addition to the requirements of Fed. R. Civ. P. 7.1(a), civil complaints must also be accompanied by a separately filed and signed certificate of interested persons that contains a complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities that are financially interested in the outcome of the case or else a statement that there are no such persons to identify. This requirement shall not apply to persons in the custody of civil, state or federal institutions or to persons filing cases pro se.

(5) An amended complaint will supersede any prior filed complaint. Except to the extent that adoption by reference is permitted under Fed. R. Civ. P. 10(c), an amended complaint shall set forth amended allegations and fully restate all other allegations against all parties.

(b) Consolidated Cases.

(1) Unless otherwise ordered by the Court, where cases are consolidated, whether for trial only or for pretrial matters and trial, the caption of all documents filed after consolidation shall list first the name and docket number of the lowest numbered case in the group, with words "consolidated with" or abbreviation "c/w". This shall be followed by a listing of the names and docket numbers of only those cases to which the document applies. This rule does not apply to cases wherein the assigned Magistrate Judge has ordered coordinated or consolidated discovery, but the cases are not consolidated for trial or any other purpose. See LR 10(b)(3).

(2) The caption of the lowest numbered case will serve as the identifying caption during the pendency of the consolidation and will continue to be used even if that particular case is closed.

(3) For cases consolidated for discovery purposes only, the caption of all discovery related filings subject to the assigned Magistrate Judge's discovery consolidation order shall list the names and docket numbers of all cases in which coordinated discovery has been ordered. The filing party's case caption should appear at the top of the pleading followed by the other case caption(s) separated by "AND". For discovery pleadings required to be filed into the record, the filing party must file the pleading in each individual case subject to the discovery consolidation order.

(c) Constitutional Questions. Whenever the constitutionality of any act of Congress is, or is intended to be, drawn into question in any suit or proceeding to which the United States, or any agency, officer or employee thereof as such officer or employee, is not a party, counsel for the party raising or intending to raise the constitutional issue shall notify the Court, in writing, of the existence of that question (to enable the Court to comply with 28 U.S.C. § 2403). A copy of such notice shall be served upon each of the other parties. The notice shall give the title of the cause, a reference to the questioned statute sufficient for its identification, and the grounds upon which the statute is claimed to be unconstitutional.