Retention Requirement. The Registered User must maintain in paper form
U.S. Bankruptcy Court for the Southern District of California
U.S. Bankruptcy Court for the Southern District of California
or in a scanned format any Document that is filed using their login and password that contains an original signature, other than that of the Registered User, or proof of the consent in the case of a Document filed under LBR 5005- 4(e), until 5 years after the case is closed or the adversary proceeding is terminated. The Registered User must provide the original paper or printed copy for review upon request. 1.12 Correcting Filing or Docket Errors Once a document is submitted and becomes part of the case docket, corrections to the docket may be made only by the Clerk's Office. The System will not permit the filing party to make changes to a filing once the transaction has been accepted.
The filing party must contact the Clerk's Office as soon as an error has been discovered and provide the case number and document number. If appropriate, the Clerk's Office will make a docket entry indicating that the document was filed in error. The filing party will be advised if the document needs to be re-filed. If the Clerk's Office discovers filing or docketing errors, the filer will be advised of what further action, if any, is required to address the error.
However, if the error is minor, the Clerk's Office may correct the error, with or without notifying the parties. If it appears a document has been filed in the wrong case, the Clerk's Office will docket an entry indicating this possible error and notify the filing party. If it is confirmed as an error, the party will be directed to re-file the document in the correct case. The Clerk's Office will not delete any documents filed by a party unless ordered by the Court.
1.13 Public Access to the System Any person or organization other than Registered Users must register with PACER and receive a login and password to access Court records online. Information regarding PACER may be found on the Court’s Internet website at casb.uscourts.gov. 7 Go to Table of Contents Electronic access to Court records is also available at the Clerk’s Office during regular business hours. Copies and certified copies of electronically filed documents may be purchased at the Office of the Clerk, 325 West F Street, San Diego, California 92101-6991.
The fee for copying and certification will be in accordance with 28 U.S.C. 1930. 1.14 Technical Failures A Registered User whose filing is made untimely as the result of a technical failure may seek appropriate relief from the Court. Section 2: Preparation of Documents The following provides guidance for the preparation of Documents to be filed with the court. A paper size of 8-1/2 by 11 inches with not more than 28 lines per page is assumed for all electronic and paper filings.
2.1 Attorney Identification STATE BAR MEMBERSHIP NUMBER. Attorneys presenting documents for filing must insert their State Bar membership number immediately to the right of their name at the top of the title page. 2.2 Title Page In the space commencing 2 inches from the top and to the left of center-page, there must be typed or printed single-spaced the following information: a) Name and State Bar membership number of counsel presenting a document, or if not represented by an attorney, the name of the party; b) Office address, including the street address in addition to any post office box. If no office address, state residence address. c) Area code and telephone number of the party presenting the document. d) Two lines below the telephone number, the name and interest of the party on whose behalf the document is presented must be identified; in the instance of multi-party representation, reference may be made to the bottom of the signature page for including a complete list of co-counsel, including their State Bar membership numbers and addresses and telephone numbers, and parties represented. e) Two lines below the last information required by subsection (d), centered on the page, insert the name of the court, as follows: UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA 8 Go to Table of Contents 2.3 Caption and Title of Documents Filed • Required Caption In addition to the information generally required by FRBP 1005 (for notices), 7010 (for adversary proceedings) and 9004(b) (for bankruptcy cases), the caption of each document must commence 2 lines beneath the name of the court and set forth: 1) the case number, followed by the initials of the currently assigned judge and chapter number, and, if the document is to be filed in the adversary proceeding, the adversary proceeding number; 2) any relief from stay identification number, as required by Local Bankruptcy Rule 4001-1(b), inserted 2 lines below the bankruptcy case (the designator “RS No.” must precede the number); 3) a concise description of the nature of the document (e.g., Notice of Motion for Summary Judgment, Complaint to Determine Dischargeability of Debt); and 4) the date, time, and name of the judge, if the document (other than a notice of hearing) is to be considered at a future hearing.
This information must be inserted 2 lines below the case number, adversary proceeding number, or “RS” number. • Responsibility of Filer to Provide Proper Case Name and Number The filer presenting a document for filing will bear sole responsibility for ensuring that the case name, case number, adversary number, if any, and any required identification number for relief from stay matters match. The court may refuse to consider documents entered on the wrong docket or misfiled because of erroneous or omitted information provided by the filer. 2.4 Pagination All documents must be numbered consecutively at the bottom of each page, including any attached exhibits. The exhibit number must be placed immediately above or below the page number of each page of the exhibit.
2.5 Line Spacing of Documents Documents must be double-spaced except for the identification of counsel, title of the action, category headings, footnotes, quotations, exhibits and descriptions of real property. Quotations from cited cases or other authorities must be clearly indented not less than 5 spaces or more than 20 spaces and may be single-spaced. 2.6 Legibility of Documents All documents must be prepared by electronic means or software that will produce clear and permanent copies equally legible to printing, in black or dark blue ink using a 9 Go to Table of Contents base 14 font, which is preinstalled on most computers. These approved fonts include Courier (Regular, Bold, Italic, and Bold Italic), Arial (Regular, Bold, Oblique, and Bold Oblique), and Times New Roman (Roman, Bold, Italic, and Bold Italic).
Documents prepared by pro se filers may follow these requirements or may be hand-printed on opaque, unglazed, white paper of standard quality not less than 13-pound weight and must be in black or dark blue ink clearly written and equally legible to printing. 2.7 Length of Brief in Support of or in Opposition to Motion LBR 9013-7(d) governs length of papers. (a) Length of Papers; Tables. 1) Briefs and memoranda in support of or in opposition to any pending motion or application must not exceed 25 pages.
2) Reply memoranda must not exceed 10 pages. 3) Briefs and memoranda exceeding 10 pages must include a table of contents and table of cited authorities. These tables do not count toward the page limitation. 2.8 Amendment of Voluntary Petition, Lists, Schedules and Statements LBR 1009 governs the amendment of Voluntary Petitions, Lists, Schedules and Statements.
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