Tuesday, July 28, 2009

Make a Federal Case Out of It

When I was young, when we kids would start to get worked up about some childhood dispute between us siblings, my dad would say, "Don't make a federal case out of it!" So I grew up believing that only major disputes should be filed in federal court. This isn't actually the rule, however, but there is still some wisdom in that admonishment. Don't make a federal case out of something unless you are ready for some serious rigamarole--defined at http://dictionary.reference.com/browse/rigamarole as "an elaborate or complicated procedure".

Take, for instance, the Central District of California's local rules on e-filing. Once a complaint is filed, all ensuing documents must be filed electronically (and many judges require a paper copy delivered to the tray outside of chambers within 24 hours thereafter). However, if your answer includes a counterclaim, that is considered a "case-initiating document" which must be filed traditionally.

But wait, there's more! You cannot make this traditional appearance at the clerk's filing window with your case-initiating document unless you have first e-filed a "Notice of Manual Filing". At least the clerk will probably be kind enough to tell your messenger "wait here while I call your attorney" and proceed to call and inform you that you need to immediately e-file the Notice of Manual Filing which she is holding in her hand, as she is ready to kick it (and your case-initiating document as well) if you are out to lunch.

So that's a new twist: you can't traditionally file a counterclaim until you e-file a Notice of Manual Filing.

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