Local Rule Civil Rule 1.1: Scope and Availability of Local Rules
S.D. Cal. — Civil rule
Civil Rule 1.1 Scope and Availability of Local Rules a. Title and Citation. These are the Local Civil Rules of Practice for the United States District Court for the Southern District of California. They may be cited as "CivLR ." b. Effective Date. These Rules become effective on January 2, 2025. c. Scope of the Rules; Construction, Definitions. These rules supplement the Federal Rules of Civil Procedure, and they must be construed so as to be consistent with those rules and to promote the just, efficient and economical determination of every action and proceeding. The provisions of the Civil Rules must apply to all actions and proceedings, including criminal, bankruptcy and admiralty, and actions and proceedings before magistrate judges, except where they may be inconsistent with rules or provisions of law specifically applicable thereto. d. In any case for the convenience of the parties in interest, or in the interest of justice, a judge may waive the applicability of these rules. e. Definitions 1. "Attorney" or "counsel" includes an attorney, proctor, advocate, solicitor, counsel, or counselor; 2. "Brief" includes briefs, memoranda, points and authorities and other written argument or compilation of authorities; 3. "Civil action" includes any action, case, proceeding or matter of a civil nature; 4. "Clerk" means the Clerk of the United States District Court for the Southern District of California and deputy clerks, unless the context otherwise requires; 5. "Court" includes the district judge or magistrate judge to whom a civil or criminal action, proceeding, case or matter has been assigned; 6. "Court Clerk" means a deputy clerk assigned to the courtroom of a judge or magistrate judge of this Court; 7. "Declaration" includes any declaration under penalty of perjury executed in conformance with 28 U.S.C. § 1746, and any properly executed affidavit; 8. "Defendant" means any party against whom a claim for relief is made or against whom an indictment or information is pending in a criminal case; 9. "Fed. R. App. P." means the Federal Rules of Appellate Procedure; 10. "Fed. R. Civ. P." means the Federal Rules of Civil Procedure; 11. "Fed. R. Crim. P." means the Federal Rules of Criminal Procedure; 12. "Fed. R. Evid." means the Federal Rules of Evidence; 13. "File" means the delivery to and acceptance by the Clerk or the court clerk of a document which will be noted in the civil or criminal docket; 14. "Judge" refers to any United States District Judge exercising jurisdiction with respect to a particular action or proceeding in said court or, to a part-time or full-time United States Magistrate Judge, to whom such action or proceeding has been assigned for purposes relevant to the context in which such reference occurs; 15. "Lodge" means to submit by email or otherwise any document(s) to the Clerk of Court (unless otherwise specified by these rules or by order of the Court); 16. "Motion" includes all motions, applications, petitions or other requests made for judicial action; 17. "Person" includes natural person, corporation, partnership or other association of individuals; 18. "Plaintiff" means any party claiming affirmative relief by complaint, counter claim or crossclaim.