Review by Judge (a) Authorization to Issue Process. Before the clerk will issue a summons and process of arrest, attachment or garnishment to any party, including intervenors, under Fed. R. Civ

U.S. District Court for the Northern District of California

Rule Set: Admiralty and Maritime Local Rules of the United States District Court for the Northern District of California

Rule: 3-1

Jurisdiction: NDCA

Bluebook Citation: N.D. Cal. Adm. L.R. 3-1

P. Supp.

B and C, the pleadings, the affidavit required by Fed. R. Civ. P. Supp. B and accompanying supporting papers must be reviewed by a judge, as defined in Civil L.R. 1- 5(l). If the judge finds the conditions set forth in Fed. R. Civ. P. Supp. B or C exist, the judge shall authorize the clerk to issue appropriate process.

Supplemental process or alias process may thereafter be issued by the clerk upon application without further order of the court. Cross Reference See Fed. R. Civ. P. Supp. B, C. (b) Exigent Circumstances. If the plaintiff or his attorney certifies by affidavit submitted to the clerk that exigent circumstances make review impracticable, the clerk shall issue a summons and warrant of arrest or process of attachment and garnishment.

Cross Reference See Fed. R. Civ. P. Supp. B, C. (c) Personal Appearance. Unless otherwise required by the judge, the review by the judge will not require the presence of the applicant or its attorney but shall be based upon the pleadings and other papers submitted on behalf of that party. (d) Order.

Upon approving the application for arrest, attachment or garnishment, the judge will issue an order to the clerk authorizing the clerk to issue an order for arrest, attachment or garnishment. The proposed form of order authorizing the arrest, attachment or garnishment, and the order of arrest, attachment or garnishment shall be submitted with the other documents for review. (e) Request for Review. Except in case of exigent circumstances, application for review shall be made by filing a Notice of Request for Review in Accordance with Fed. R. Civ. P. Supp.

B or C with the clerk and stating therein the process sought and any time requirements within which the request must be reviewed. The clerk shall contact the judge to whom the matter is assigned to arrange for the necessary review. It will be the duty of the applicant to ensure that the application has been reviewed, and upon approval, presented to the clerk for issuance of the appropriate order.

Chat with this local rule using AI

Ask CiteLaw's AI Navigator anything about this local rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.