Attorney Admission

Do I have to file a Pro Hac Vice application and pay the admission fee if I am an attorney for a federal agency in another district?

Each attorney must submit a completed Pro Hac Vice application; however, no fee is required. You must provide statutory authority or provide a copy of a delegation of authority from the United States Department of Justice authorizing you to litigate civil cases in court. Please write on the application: fee waived - (agency, i.e., D.O.J. attorney or Department of Labor attorney). You must also submit a Pro Hac Vice admission card for government attorneys.

Do I need a certificate of good standing to be admitted to the court?

No, but you must be a member in good standing of the California State Bar.

How can I get an application for admission to practice?

The application form can be viewed on-line HERE.

How often are attorney admissions ceremonies held?

Admission ceremonies in this district are held jointly with the State Bar of California and take place every June and December (usually the first week of the month).

CJA

Are CJA attorneys exempt from PACER fees?

Yes, CJA attorneys are exempt from CM/ECF-PACER access fees for work performed pursuant to appointments in specific cases. Contact the PACER Service Center at 800-676-6856 for more information. Or you can access the PACER Service Center on-line: http://www.pacer.gov/

What fees are allowable in federal capital prosecutions and HC death penalty cases?

Refer to General Order 370-B.

When do I submit my CJA voucher for payment?

Refer to General Order 494-A. All vouchers must be submitted within 90 days of sentencing or dismissal of the case. A letter demonstrating good cause why the voucher should be paid must accompany any late voucher. The Clerk is directed to reject any CJA Vouchers submitted 1 year or more after termination of the case unless the court orders otherwise for good cause shown.

Where do I pick up a copy of the CJA Panel Application?

Applications are available on line. Click here.

Where may I obtain CJA voucher status or payment rates?

Please contact the CJA Financial Deputy at 619-557-5736.

General Procedures

How can I contact a reporter that has left the office or retired?

Contact the Electronic Court Recorder/Court Reporter Coordinator at 619-557-7310.

How do I continue, set or reset a hearing?

Check with the Courtroom Deputy of the assigned Judge for the correct procedures.

How do I file an attorney substitution?

Attorney substitutions must be submitted in pleading format. Refer to Local Civil Rule 83.3 - Attorneys - Admission to Practice Standards of Conduct - Duties

g. Appearances, Substitutions and Withdrawal of Attorneys.

2. Substitutions. When an attorney of record for any person ceases to act for a party, such party must appear in person or appoint another attorney by a written substitution of attorney signed by the party, the attorney ceasing to act, and the newly appointed attorney, or by a written designation filed in the case and served upon the attorney ceasing to act, unless attorney is deceased, in which event the designation of a new attorney will so state. Until such substitution is approved by the court, the authority of the attorney of record will continue for all proper purposes.

How do I obtain a copy of the current Local Rules?

Copies are available free of charge on on website, www.casd.uscourts.gov. If you prefer, mail a check or money order in the amount of $3.00 payable to the Clerk of Court and a self-addressed 9.5" x 12" envelope with $2.00 postage to the Clerk's Office, 880 Front Street, Room 4290, San Diego, CA 92101. New attorneys are provided complimentary copies at attorney admissions ceremonies.

I'm going to be late for a court appearance. What should I do?

Call the courtroom deputy or chambers of the judge assigned to the case.

I have a conflict? How do I get off the case?

Contact the courtroom deputy to set a hearing date.

What is the jurisdiction or geographical area covered by the SDC Court?

San Diego and Imperial Counties

When will someone recently arrested go to court for a first appearance?

Arraignments on new complaints take place on the first floor of the courthouse (940 Front Street, San Diego, CA 92101) within 72 hours of arrest. Check the Magistrate Judge Duty Calendar.

Where are the defendants being held?

Defendants are held various at places, including Metropolitan Correctional Center in San Diego, Imperial County Jail in El Centro (ICJ), Western Region Detention Facility in San Diego (GEO), Corrections Corporation of America [San Diego Correctional Facility in Otay Mesa (CCA)], California City in Arizona (CALCITY), just to name a few.

Research

How can I verify a sentence imposed in a criminal case?

Refer to the docket via CM/ECF PACER or contact the Clerk’s Office at 619-557-5600.

I have a case number. How can I determine which judge is assigned?

Criminal and civil case numbers are followed by the initials of the assigned judge(s). If you don't know the judge's initials, refer to the docket via CM/ECF PACER, at the Clerk’s Office public terminals, or contact the Clerk’s Office at 619-557-5600.

I submitted a proposed order for signature. Is it signed yet?

Refer to the docket via CM/ECF PACER, at the Clerk’s Office public terminals, or contact the Clerk’s Office at 619-557-5600.

What date was a hearing on?

Refer to the docket via CM/ECF PACER, at the Clerk’s Office public terminals, or contact the Clerk’s Office at 619-557-5600.

Where can I obtain copies of district court cases?

Refer to the docket via CM/ECF PACER, at the Clerk’s Office public terminals, or contact the Clerk’s Office at 619-557-5600.

Where can I obtain the U. S. Treasury (T-Bill) rate?

Go to http://www.uscourts.gov/FormsAndFees/Fees/PostJudgementInterestRates.aspx for the Current Applicable Rates.

Who was the court reporter or electronic court recorder present at a particular hearing?

Refer to the docket via CM/ECF PACER, at the Clerk’s Office public terminals, or contact the Clerk’s Office at 619-557-5600.

Appeals

Can I file an appeal even if it is late?

The U.S. District Court Clerk's Office will accept and process all appeals, including those which are late. The 9th Circuit Court of Appeals will determine if the appeal will proceed.

Do I have to designate what part of the record I want sent to the 9th Circuit Court of Appeals?

No designation is required.

Do I send the filing fee to the U. S. District Court or the 9th Circuit Court of Appeals?

The filing fee is always paid to the U.S. District Court. As of 1/1/2011, for attorney E-filers, the filing fee must be paid via Pay.gov during the E-filing of the Notice of Appeal. Pro se parties can pay the fee at the Clerk’s Office.

How do I serve the transcript designation and ordering form on the court reporter?

If you deliver the paper copies to the court, we will place the service copy in the court reporter's box. If not, you will need to find his/her office in the courthouse and serve him/her with their copies.

How many copies of the appeal do I file?

We require the original only. No additional copies are required. For attorney E-filers, the appeal should be filed electronically.

How will I get the scheduling order in my appeal?

The scheduling order is prepared by the Clerk's Office in the 9th Circuit Court of Appeals and you will receive the Notice of Docket Activity from the Ninth Circuit Court of Appeals.

What is the address for the 9th Circuit Court of Appeals?

Clerk, U.S. Court of Appeals for the Ninth Circuit
P.O. Box 193939
San Francisco, CA 94119-3939

What is the fee for filing a notice of appeal?

$455.00 for appeals in civil and criminal cases.

Where do I file my brief?

All appeal briefs are filed at the 9th Circuit Court of Appeals.

Where do I file the Representation Statement?

This statement may be attached to the Notice of Appeal (which is E-filed in the District Court) pursuant to the Ninth Circuit’s Rule 3-2

Intake

Can an individual in a foreign country be served with process by international mail?

See Rule 4(f) of the Federal Rules of Civil Procedure, which refers to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents.

Do I need a civil cover sheet when filing a civil complaint?

Yes.

Do you accept electronic filings?

According to the Administrative Policies & Proecedures, Section1: The Electronic Filing System – a. Authorization for Electronic Filing:

Pursuant to General Order No. 550, beginning on November 1, 2006, the U.S. District Court for the Southern District of California requires attorneys and others who have obtained permission of the court in civil and criminal cases to file documents with the court electronically, over the Internet, through its Case Management/Electronic Case Filing (CM/ECF) system. The court expects all attorneys practicing in this District to participate in electronic filing to the extent practicable.

Do you require blue backs?

No.

How many copies do I need to file "x" document?

According to the Administrative Policies & Proecedures, Section 2 – e: Courtesy Copies for Judicial Officers

Documents Filed Electronically:

Unless otherwise ordered by the court, parties must deliver to the Clerk’s Office or mail directly to the judge’s chambers, within 24 hours after filing, any criminal or civil case filing which exceeds 20 pages in length including attachments and exhibits. In addition, where a party makes multiple filings in a case on the same day, and those filings cumulatively exceed 20 pages, a courtesy copy must be provided to the assigned judicial officer. If the nature of the filing is such that the need for a judge's immediate attention is anticipated or desired, a courtesy copy must be delivered on the same day as the filing. A copy of the Notice of Electronic Filing must precede the first page of the courtesy copy. Courtesy copies are to be addressed to the attention of the assigned judicial officer.

Documents Filed in Paper Format:

For civil filings we require an original and one copy for the court. Criminal filings require one original and two copies for the court. Criminal filings involving sentencing require one original and three copies. Any additional copies will be conformed and returned to the filer if a self-addressed stamped envelope is provided.

If I put a document in the drop box, what file stamp date will it receive?

It will be file stamped the same day it was dropped. The drop box is open from 4:30 p.m. - 6:00 p.m. Monday through Friday.

Is it possible to serve a complaint without a summons? If so, what are the benefits?

Yes. A plaintiff may send a notice of commencement of action and request for waiver of service to a defendant. Upon signing of the waiver by defendant, it is filed with the court and the action proceeds as if service had been made. By signing the waiver, defendant does not waive any objection to venue or jurisdiction of the court. See Rule 4(d) of the Federal Rules of Civil Procedure.

Benefits apply to both plaintiff and defendant. Plaintiff saves the fees affiliated with service. If defendant fails to timely return the waiver to the Clerk, defendant can later be assessed the costs subsequently incurred by effecting service via summons. Defendant who waives service has 60 days from the date the notice and request were sent to respond to the complaint. Service via summons requires a response within 21 days.

• Notice of Lawsuit and Request for Waiver of Service of Summons (submitted from plaintiff(s) to defendant(s))
• Waiver of Service of Summons (defendant(s) dates, signs, and returns to plaintiff(s). Plaintiff(s) files Waiver with the Clerk’s Office.)

Is there a fee to file an answer in a civil case?

No.

What is the fee to file a new civil complaint?

$400.00, unless a motion to proceed "In Forma Pauperis" is filed and approved by a judge.