A party may amend its pleading once as a matter of course within no later than 21 days after serving it, or if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier. FRCP 15 (a)(1) (amended eff 12/1/23) .
NEW RULE AMENDMENTS EFFECTIVE DECEMBER 1, 2023
Under amended FRCP 6 (a)(1), all deadlines stated in days, no matter the length of the period, are computed in the same way. The day of the event that triggers the deadline is not counted. All other days - including intermediate Saturdays, Sundays, and legal holidays - are counted, with only one exception: If the period ends on a Saturday, Sunday, or legal holiday, then the deadline falls on the next day that is not a Saturday, Sunday, or legal holiday. FRCP 6 (a)(1).
When determining the last day of a filing period stated in days, a day on which the clerk's office is not accessible because of the weather or another reason is treated like a Saturday, Sunday, or legal holiday. FRCP 6 (a)(3).
A party may seek leave of court to amend a pleading at any time during the action. FRCP 15(a) and (b).
The court must set a cut-off date for the amendment of pleadings. FRCP 16(b)(3)(A) (amended eff 12/1/15)
If a complaint is amended before a responsive pleading is served, the amended complaint is simply filed with the court and served on all parties. FRCP 5 (a) and (d) (amended eff 12/1/18).
A party may also amend its complaint with written consent of the opposing party. FRCP 15 (a)(2).
To seek leave of court to amend a complaint based on stipulation, customarily, the parties execute a stipulation agreeing to the amendment of the complaint, then the amending party submits an ex parte application to the court, based on the stipulation, requesting leave to file the amended complaint. See Eastern District of California SmartRules™ procedural guide: EX PARTE APPLICATION.
After the expiration of the time to amend as a matter of course, a party may amend its pleading only with the opposing party’s written consent or the court’s leave. The court should freely give leave when justice so requires. FRCP 15(a).
See Eastern District of California SmartRules™ procedural guide: MOTION FOR LEAVE TO AMEND PLEADING.
Leave may be sought to amend a complaint to conform to proof at trial. FRCP 15(b).
Form and Format of Papers
Case law authority requires that the caption of amended complaints contain the names of all the parties.
The term "changed pleadings" shall refer to amended and supplemental pleadings permitted and filed pursuant to FRCP 15. Unless prior approval to the contrary is obtained from the Court, every pleading to which an amendment or supplement is permitted as a matter of right or has been allowed by Court order shall be retyped and filed so that it is complete in itself without reference to the prior or superseded pleading. No pleading shall be deemed supplemented until this Local Rule has been complied with. All changed pleadings shall contain copies of all exhibits referred to in the changed pleading. Permission may be obtained from the Court, if desired, for the removal of any exhibit or exhibits attached to prior pleadings, in order that the same may be attached to the changed pleading. Eastern Dist. LR 220.
All requirements applicable to complaints apply to amended complaints. See Eastern District of California SmartRules™ procedural guide: COMPLAINT.
As to parties who have not yet appeared, all additional documents required to be served with a complaint must be served with an amended complaint. Please See Eastern District of California SmartRules™ procedural guide: COMPLAINT.
A summons must be served with a copy of the complaint. The plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m) and must furnish the necessary copies to the person who makes service. FRCP 4(c)(1) (amended eff 12/1/17).
A form of summons for the Eastern District is available on the court's Civil Forms page.
Every complaint, amended complaint, or other document initiating a civil action shall be accompanied by a completed civil cover sheet, on a form available from the Clerk and on the court's website. This requirement is solely for administrative purposes, and matters appearing only on the civil cover sheet have no cognizable effect in the action. Eastern Dist. LR 200 (amended eff 12/1/09).
A form of cover sheet for the Eastern District is available on the court's Civil Forms page.
A party, intervenor, or proposed intervenor must file a disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. FRCP 7.1 (b).
A party must promptly file a supplemental disclosure statement if any required information changes. FRCP 7.1 (b).
A nongovernmental corporate party or a nongovernmental corporation that seeks to intervene must file 2 copies of a disclosure a statement that identifies any parent corporation and any publicly held corporation owning 10% or more of its stock; or states that there is no such corporation. FRCP 7.1 (a)(1).
The definition of "related case" is found at Eastern Dist. LR 123(a) (amended eff 12/1/09).
Counsel who has reason to believe that an action on file or about to be filed is related to another action on file (whether or not dismissed or otherwise terminated) shall promptly file in each action and serve on all parties in each action a Notice of Related Cases. This notice shall set forth the title and number of each possibly related action, together with a brief statement of their relationship and the reasons why assignment to a single Judge or Magistrate Judge is likely to effect a savings of judicial effort and other economies. The Clerk shall notify the Judges or Magistrate Judges to whom the actions are assigned promptly of such filing. Eastern Dist. LR 123(b) (amended eff 12/1/09).
An action may not be dismissed and thereafter refiled for the purpose of obtaining a different Judge or Magistrate Judge. If an action is dismissed and it, or one essentially the same, is refiled, it shall be assigned to the same Judge and Magistrate Judge. It is the duty of all counsel appearing therein to bring the facts of the refiling to the attention of the Clerk pursuant to Local Rule 123. Eastern Dist. LR 123(d) (amended eff 12/1/09).
If, at any time in an action to which neither the United States nor any of its officers, agencies, or employees is a party, any party draws in issue the constitutionality of a federal administrative regulation of general applicability, that party shall immediately file a notice identifying the regulation in issue and setting forth in what respects its constitutionality is questioned.
If the party required to file and serve the notice fails to do so, every other party shall file and serve such a notice. Cf. 28 U.S.C. § 2403(a) (requirement re Acts of Congress); FRCP 5.1. Eastern Dist. LR 132(a) (amended eff 12/1/09).
The court may supply additional documents that must be served with the Amended Complaint.
FILING AND SERVICE
The Eastern District of California is an electronic case management/filing district (CM/ECF). Unless excused by the Court or by the electronic filing procedures set forth in Eastern District local rules, attorneys shall file all documents electronically pursuant to those Rules. Eastern Dist. LR 133 (a) (amended eff 9/24/12).
Visit the court's CM/ECF page for more information.
For more detailed information regarding electronic filing See Eastern District of California SmartRules™ procedural guide: FILING DOCUMENTS.
The Notice of Electronic Filing will constitute automatic service of the document on all others. Service via this electronic notice constitutes service pursuant to FRCP 5 (b)(2)(E) and Fed. R. Crim. P. 49. Eastern Dist. LR 135 (a) (amended eff 3/1/22).
Service on Unregistered Parties
If parties are not registered for the CM/ECF system, e.g. , prisoners or self-represented parties, the notice will state that those parties were not electronically served. It is the duty of counsel to serve these parties in accordance with the appropriate Federal Rules of Procedure. Eastern Dist. LR 135 (b) (amended eff 3/1/22).
A person who electronically files any document (excluding attachments or exhibits) in excess of 25 pages must also provide a courtesy paper copy of the document to the appropriate chambers.
A person who electronically files attachments or exhibits that total in excess of 50 pages must also provide a paper courtesy copy of those attachments or exhibits to chambers by delivering it to the Clerk.
The courtesy copy must be mailed or otherwise sent to the pertinent courtroom deputy clerk no later than the next business day following the electronic filing. All courtesy copies shall be prominently labeled as such in capital letters on the face sheet of the courtesy copy. Chambers have no obligation to retain the courtesy copies. See also Eastern Dist. LR 130(b). Eastern Dist. LR 133(f) (amended eff 12/1/09).
Delivery of Paper Documents to the Clerk
All paper documents presented for filing or lodging shall be delivered to the Clerk who will, when appropriate, deliver the documents to the Judge or Magistrate Judge after docketing. Original documents to be filed or lodged shall not be mailed to chambers. If a particular document is to be brought to the immediate attention of the Judge or Magistrate Judge assigned to the action, a copy may be mailed or otherwise delivered to chambers, but the original shall be presented to the Clerk. See FRCP 5 and Eastern Dist. LR 121 (b).
All documents delivered to the Clerk for filing or lodging in a pending action should be presented to the Clerk at the office where the action is pending. See Eastern Dist. LR 120 and Eastern Dist. LR 121. Documents filed at an incorrect office will be accepted by that office. Eastern Dist. LR 133 (d)(1).
Multiple Copies of Paper Documents
An amended complaint must be served on all parties to the action, unless the court orders otherwise under FRCP 5(c) because there are numerous defendants. FRCP 5 (a) (amended eff 12/1/18).
The proof of service is only required if documents are not served by filing them with the court's electronic filing system. FRCP 5 (d)(1)(B) (amended eff 12/1/18).
Service may be made by personal delivery, mail, or delivering a copy by mail or personal delivery, electronically to users registered with the court's electronic-filing system or by other electronic means consented to in writing. FRCP 5 (b) (amended eff 12/1/18).
As to any party who has not yet appeared in the action, the amended complaint and summons must be personally served. FRCP 4 (c) & (e) (amended eff 12/1/17).
Unless a party expressly waives service, copies of all documents submitted to the Court shall be served upon all parties to the action, except that no service need be made upon parties held in default for failure to appear unless the document involved asserts new or additional claims for relief against such defaulting parties. Eastern Dist. LR 135 (d) (amended eff 3/1/22). See also FRCP 5 (a) (amended eff 12/1/18)
Service of all documents authorized to be served is complete when served upon the attorney for the party. When an attorney represents multiple parties, service of one copy of the document on that attorney constitutes service upon all parties represented by that attorney. Where multiple attorneys represent the same party or parties, service shall be made upon all such attorneys. Eastern Dist. LR 135 (f) (amended eff 3/1/22).
Copyright © RPCD Holdings LLC 2003-2024 exclusive of the text of government codes.
Disclaimer: The materials and information on this website do not constitute legal advice or create an attorney-client relationship. See terms of use for more details.