AMENDED COMPLAINT: FRCP 15

Complaint: Original and one copy for the court.

Summons: Summons to be issued as to newly added defendants only. Original plus two copies are to be submitted to the clerk. The clerk will sign one original, and conform two copies. One conformed copy will be kept by the clerk for the official record. The second conformed copy can be duplicated for service upon each newly added defendant. (If no additional defendants are added, the existing defendants must be served a copy of the amended complaint, but no summons is required.)

Filing Fee: None.

Note: An amended complaint can be accepted only if no responsive pleading has been filed. If a response has been filed, the movant must request, ex parte, the court for an order allowing the amended complaint be filed or must submit a stipulation of movant and adverse party agreeing to the filing of amended complaint.

DEPOSITION: FRCP 45

Subpoena: Attorneys may issue and sign a subpoena on behalf of a court in which the attorney is authorized to practice or a court in the district in which the deposition or production is compelled by the subpoena (FRCP 45(a)(3)).

Notice of Taking Deposition: Not required, but will be accepted for filing, if presented.

Witness Fees: Contact the U.S. Marshal for current rates.

Filing Fee: None.

MOTION FILING PRACTICE: CivLR 7.1 and CrimLR 47.1

Motion filing in civil cases adheres to a rigid time schedule as follows:

Civil Document	No. Of Days Due - Prior to Hearing Date	CivLR
Notice of Motion & Motion, t/w Supporting Docs	28 Calendar	7.1(e)(1)
Opposition	14 Calendar	7.1(e)(2)
Reply	5 Court	7.1(e)(3)

Applications for orders shortening time shall be submitted ex parte, accompanied by a proposed order, and be served on all opposing parties (CivLR 7.1(e)(6)).

Criminal Document	No. Of Days Due - Prior to Hearing Date	CrimLR
Notice of Motion & Motion, t/w Supporting Docs	14 Calendar	47.1(b)(1)
Opposition	7 Calendar	47.1(c)

MOTION ARGUMENT: CivLR 7.1

A party can submit a motion for decision based solely on the pleadings and without oral argument upon approval of the court. The statement “Oral Argument Not Required” is to be placed below the nature of the document, or the noticed hearing date if applicable. Opposing parties can indicate a willingness to waive oral argument by similarly including the same statement. If either party indicates such a willingness, the adverse party must promptly call the law clerk of the assigned judge and indicate whether or not there is concurrence (CivLR 7.1(d)(2)(a)-(c)). The court can also determine that no oral argument will be heard, at their own discretion.

MOTION FOR SANCTIONS: FRCP 11

FRCP 11 requires sanction motions be separate from other motions/requests. They must clearly describe the conduct that violates FRCP 11(b).

DEFAULT JUDGMENT: FRCP 55

The procedure for filing a default judgment is to first file a request for clerk’s entry of default, together with an affidavit regarding service of process, if not already on file (FRCP 55(a)). If the defendant has been properly served and no responsive pleading has been filed, a clerk’s entry of default may been signed. Upon filing of a clerk’s entry of default, a motion for default judgment and a proposed judgment should be filed with the Clerk's Office to be submitted to the judge (FRCP 55(b)(2)). The clerk is authorized to issue default judgments for a sum certain if the defendant has been defaulted for failure to appear (FRCP 55(b)(1)).

General Filing Procedures in PDF Format