COMPLAINT AGAINST A PRIVATE PERSON OR CORPORATION: FRCP 4

Complaint: Original and one copy for the court.

Civil Cover Sheet: A Civil Cover Sheet Form JS 44 must accompany the complaint (CivLR 3.1). Only one civil cover sheet is required by the clerk.

Waiver of Service: Waiver of Service may be used in lieu of issuing summons in order to save service costs (FRCP 4(d)). Two official forms have been devised to implement the procedure for waiver of service. These forms are provided in Attachments E and F. The plaintiff will send to the defendant the notice of commencement of action and a request for waiver of service. The defendant signs the waiver of service and returns it to plaintiff. The plaintiff will file the waiver with the clerk. Upon filing of waiver, the action proceeds.

Summons: The Clerk’s Office will issue a summons, if appropriate, as soon as the case has been opened in CM/ECF and a case number and judge assignment have been made. The summons will be sent electronically to the filer of the complaint.

Service on Foreign Countries: When service is to be effected outside a judicial district of the United States, the methods of service appropriate under an applicable treaty or international agreement shall be employed, if available (FRCP 4(f)). Counsel shall investigate methods of service.

Filing Fee: $350.00 or motion to proceed in forma pauperis (available in Clerk’s Office).

SUITS INVOLVING THE USA: FRCP 4(i)

Complaint: Original and one copy for the court.

Civil Cover Sheet: Original.

Summons: The Clerk’s Office will issue a summons, if appropriate, as soon as the case has been opened in CM/ECF and a case number and judge assignment have been made. The summons will be sent electronically to the filer of the complaint.

Filing Fee: $350.00 or motion to proceed in forma pauperis (available in Clerk’s Office).

U.S. Attorney General Requires: Copy of the complaint and summons.

U.S. Attorney Needs: Copy of the complaint and summons.

Agency Being Served Needs: Copy of the complaint and summons.

REMOVAL OF CASE FROM STATE COURT: 28 USC § 1446

Notice of Removal: Original and one copy for the court, with letter-sized copy of state court pleadings attached. Pursuant to 28 USC § 1446, notice of removal will be filed together with a copy of all process, pleadings, and orders served upon defendant(s) in the action. Original plus one copy of each pleading is required for filing.

Civil Cover Sheet: Original.

Summons: Service of process may be completed or a new process may be issued in the district court after filing notice of removal, if defendant(s) has yet to be served (28 USC § 1448).

Notice of Filing: Not required, although it will be accepted for filing, if available.

Filing Fee: $350.00 or motion to proceed in forma pauperis (available in Clerk’s Office).

SEIZURES: 28 USC § 1356

Complaint: Original and one copy for court.

Civil Cover Sheet: Original.

Summons: The Clerk’s Office will issue a summons, if appropriate, as soon as the case has been opened in CM/ECF and a case number and judge assignment have been made. The summons will be sent electronically to the filer of the complaint.

Application to Substitute Custodian and Application for Arrest: Original and one copy for court. Substitution of custodian not required, but will be accepted for filing, if presented.

Bond: Original and one copy of a $350.00 cash or surety bond for stipulation for costs.

Substitute Custodian and Warrant Authorization Order: An order signed by the judge designating a keeper of the property and allowing issuance of warrant.

Filing Fee: $30.00 or motion to proceed in forma pauperis (available in Clerk’s Office).

APPEALS: FEDERAL RULES OF APPELLATE PROCEDURE 25 (hereinafter referred to as FRAP)

Notice of Appeal: Original filed with the district court. Copies will be forwarded to the appeals court and the district court judge.

Filing Fee: $455.00, paid to the district court, or a motion to proceed in forma pauperis (IFP) on appeal (available in Clerk’s Office). If IFP status was previously granted in case being appealed, a new IFP motion is not required.

Transcript designation forms can be obtained from the clerk.

Designations of record should be directed to the appeals court.

INMATE FILINGS:

42 USC § 1983 (Civil Rights), 28 USC § 2254 (State Habeas Corpus), and 28 USC § 2255 (Federal Habeas Corpus) forms may be obtained from the Clerk's Office or from the prison law library. Prisoners who desire to proceed in forma pauperis must submit a prison trust account statement for the six months immediately preceding the filing of the action (28 USC § 1915(a)(2)). This statement can be obtained from the prison trust accounting office. Motions to proceed in forma pauperis can be obtained from the prison library or from the clerk when requested in writing at 880 Front Street, Suite 4290, San Diego, CA 92101-8900. There is no filing fee for 28 USC § 2255 motions.

HABEAS CORPUS:

Litigants proceeding with or without an attorney who wish to file a habeas corpus petition challenging their conviction or sentence, may receive a copy of this court’s habeas manual, which is entitled: PRO SE HABEAS CORPUS HANDBOOK: A Manual For State Prisoners Filing a Federal Habeas Corpus Petition Attacking a State Conviction or Sentence Pursuant to 28 U.S.C. § 2254, or § 2241. The manual is available from the Clerk’s Office or from California prison law libraries.

General Filing Procedures in PDF Format

Warrant of Arrest: A warrant of arrest for each item to be seized and a certified copy of order for U.S. Marshal's Office. Signed and distributed by clerk.

Marshal's Form: An original of the U.S. Marshal Form 285 is required for each service.

Filing Fee: $350.00 or motion to proceed in forma pauperis (available in Clerk’s Office).

Contact the U.S. Marshal's Office for any additional fees that its office may have in connection with a seizure.

COMPLAINT FOR WARRANT FOR ARREST IN ACTION IN REM OF A MARINE VESSEL: FRCP RC & RE

Complaint: Original and one copy for the court.

Civil Cover Sheet: Original.

Summons: The Clerk’s Office will issue a summons, if appropriate, as soon as the case has been opened in CM/ECF and a case number and judge assignment have been made. The summons will be sent electronically to the filer of the complaint.

Application to Substitute Custodian and Application for Arrest: Original and one copy for court. Substitution of custodian not required, but will be accepted for filing, if presented.

Bond: May be ordered by court.

Substitute Custodian and Warrant Authorization Order: An order signed by the judge designating a keeper of the property and allowing issuance of warrant.

Warrant of Arrest: A warrant of arrest for each vessel to be seized and a certified copy of the order for U.S. Marshal’s Office. Prepared, signed and distributed by clerk.

Marshal's Form: An original U.S. Marshal Form 285 is required for each service.

Filing Fee: $350.00 or motion to proceed in forma pauperis (available in Clerk’s Office).

Contact the U.S. Marshal's Office for any additional fees in connection with a seizure.

REGISTRATION OF JUDGMENT FROM ANOTHER DISTRICT (incoming):
28 USC § 1963

Judgment: A certified copy of the judgment from the other district court.

Form AO 451: “Certification of Judgment for Registration in Another District” from the other district (Attachment H).

Filing Fee: $46.00

General Filing Procedures in PDF Format