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2.00.00 Filing Requirements In Civil Matters:
Click on a topic below for more information.
2.01.00 Complaints Against a Private Person or Corporation
2.02.00 Suits Involving the U.S.A.
2.03.00 Suits Involving the Secretary of State
2.04.00 Out-of-State Service for Insurance Commissioner
2.05.00 Amended Complaint
2.06.00 Removal of Case from State Court
2.07.00 Attachment and Garnishment: In
Personam
2.08.00 Actions in Rem
2.09.00 Certification of Judgment for Registration in Another District
2.10.00 Registration of a Foreign Judgment in Our Court
2.11.00 Writ of Execution
2.12.00 Garnishment After Judgment
2.13.00 Replevin
2.14.00 Subpoenas
2.15.00 Appeals
2.16.00 Attorney's Admission to Practice - General Admission
2.17.00 Attorney's Admission to Practice - Pro Hac Vice
2.18.00 Court Appointments in Criminal Cases
PLEASE refer
to the Fees page for filing fee information.
2.01.00 Complaints Against a Private Person or Corporation
Complaint - original (plus one copy of the Complaint for each defendant to be served)
Civil Cover Sheet - original
Waiver of Service of summons - FRCP Rule 4 (Rev. 12/93) provides for securing consent
of defendant to dispense with actual service, saving costs.
Summons - If necessary, original only for each defendant to be served. The Clerk will make
copies after the original is signed and sealed.
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1.00.00 General Filing Information
3.00.00 Clerk of Court
2.02.00 Suits Involving the U.S.A.
Court Needs: Complaint (original plus 2 copies), prepared Summons for named defendant, Civil Cover Sheet, Filing Fee
Attorney General Needs: Complaint (2 copies), Summons (2 copies), service on U.S. Attorney (personal service)
Agency Served: Complaint (1 copy), Summons (1 copy)
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1.00.00 General Filing Information
3.00.00 Clerk of Court
2.03.00 Suits Involving the Secretary of State
Court Needs: Complaint (original and 1 copy), prepared Summons, Civil Cover Sheet (original), Filing Fee
Secretary of State: Complaint (1 copy each defendant), Summons (1 copy)
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1.00.00 General Filing Information
3.00.00 Clerk of Court
2.04.00 Out-of-State Service for Insurance Commissioner
Court Needs: Complaint (original and 1 copy), prepared Summons, Civil Cover Sheet (original), Filing Fee
Insurance Commissioner Needs: Complaint (3 copies each defendant), Civil Cover Sheet, Summons (3 copies)
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1.00.00 General Filing Information
3.00.00 Clerk of Court
2.05.00 Amended Complaint (Rule 15, Federal Rules of Civil Procedure)
Complaint: Original of the Amended Complaint for the Court (plus a copy for each
defendant to be served); all new material must be underscored (Local Rule 9b).
Summons: Prepared summons for issuance by Clerk for new
defendant(s). (If no additional
defendants are added, the existing defendants must be provided with a copy of the Amended
Complaint, but no summons is required.)
Filing Fee: None
Note: An Amended Complaint can be accepted only if no Answer to the original Complaint
has been filed. If an Answer has been filed, the plaintiff must motion the Court for an Order
allowing the Amended Complaint to be filed or the plaintiff must secure written consent of
the adverse party.
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1.00.00 General Filing
Information 3.00.00
Clerk of Court
2.06.00 Removal of Case from
State Court (28:USC 1441)
Notice of Removal: Original, signed by counsel.
Civil Cover Sheet: Original
Complaint: copy of complaint filed in state court
Answer: One copy, if available, and copies of any pending pleadings or motions needing
court action.
Notice of Filing: Not required, although it will be accepted for filing, if available.
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1.00.00 General Filing
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2.07.00 Attachment and Garnishment: In Personam (Rule B: Supplemental Rules for Certain
Admiralty and Maritime Claims)
Complaint: Original
Civil Cover Sheet: Original
Affidavit: Original
Summons: Original for each defendant to be served.
Marshal's Form: An original of U.S. Marshal's Form 285 is required for each service.
Note: If the attachment and garnishment are to be issued under State law: An original of the
summons and of the Process of Attachment are required. The bond required is double the amount of the claim.
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2.08.00 Actions in Rem (Rule C, Supplemental Rules for Certain Admiralty and Maritime
Claims)
Complaint: Original verified Complaint
Civil Cover Sheet: Original
Bond: Judge determines if required
Marshal's Form: An original U.S. Marshal's Form 285 for each vessel to be attached.
Warrant of Arrest: Original for each vessel
Note: If the Warrant of Arrest is sought by a private party, not the government, it will be
issued only upon order of Court. The paperwork will be sent to the Judge for a decision.
If the Warrant of Arrest is accompanied by an original of a Motion and proposed Order for
the substitute custodian, these will be sent to the Judge for a decision prior to issuing the
warrants.
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1.00.00 General Filing
Information 3.00.00
Clerk of Court
2.09.00 Certification of Judgment for Registration in Another District
Form CIV 101: There is no fee for the preparation of Form CIV 101 which will accompany
the certified copy of the judgment from our Court to be registered in another District.
See Fees page link for more information.
Filing Fee: None
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2.10.00 Registration of a
Foreign Judgment in Our Court
Judgment: Certified copy of judgment from the original District Court.
Form CIV 101: Form CIV 101 (Certification of Judgment for Registration in Another
District) from the other District.
See Fees page link for more information.
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1.00.00 General Filing
Information 3.00.00
Clerk of Court
2.11.00 Writ of Execution (Rule 69, Federal Rules of Civil Procedure)
Fieri Facias: Original
Marshal's Form: Service is governed by the Federal Rules of Civil Procedure, specifically
Rules 69 and 4. If the U.S. Marshal effectuates service, then Form USM 285 must
accompany the Writ of Execution. If service is effectuated by the Sheriff pursuant to State
law, the Sheriff's procedures should be followed.
Filing Fee: None
Note: Execution of Judgment may be issued 10 days after entry of judgment unless otherwise
ordered by the Court. If a notice of appeal has been filed and a Supersedeas Bond posted,
a Writ of Execution cannot be issued.
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2.12.00 Garnishment After Judgment (Follow state procedures)
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2.13.00 Replevin (Follow State procedures)
Complaint: Original of the Complaint in Replevin for the Court plus 1 copy for each
defendant.
Civil Cover Sheet: Original
Affidavit: Original
Bond: Original Replevin Bond, double the amount of claim.
Replevin: Original of the Replevin
Service: If provided by Marshal, must have USM 285 form for each service.
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1.00.00 General Filing
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Clerk of Court
2.14.00 Subpoenas (See Rule 45, Federal Rules of Civil Procedure)
Effective 12/1/91, subpoenas are not to be filed with the Court, unless challenged by motion.
For further procedural information, please see Information & Form Manual for Attorneys,
Exhibit 19.
Witness Fees: $40.00 per day, plus 48.5 cents per mile, to be attached to the subpoena when
served.
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2.15.00 Appeals
Notice of Appeal: Original plus copies for all parties.
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Clerk of Court
2.16.00 Attorney's Admission to Practice - General Admission
Petition: An original Motion for Admission to the General Bar form, admission
questionnaire, and proposed order.
Bar: Must be a member of the Bar of any State.
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2.17.00 Attorney's Admission to Practice - Pro Hac Vice
Petition Form: Original Motion for Admission Pro Hac Vice form, with proposed Order
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2.18.00 Court Appointments in Criminal Cases
Prerequisite: Membership in the Federal Trial Bar
Application Procedure: CJA (Criminal Justice Act) applications are available through
the Federal Public Defender's office.Top
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