Instructions For Attorneys Completing Civil Case Cover Sheet Form. This is a California form and can be use in USDC Central Federal.
Tags: Instructions For Attorneys Completing Civil Case Cover Sheet, CV-71A, California Federal, USDC Central
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL COVER SHEET INSTRUCTIONS All civil actions presented to the Clerk for filing must be accompanied by a Civil Cover Sheet (Form CV-71), in duplicate, completed and signed by the attorney or party presenting the matter. Local Rule 3-1. Neither the Civil Cover Sheet nor the information it contains, however, replaces or supplements the filing and service of pleadings or other papers as required by law, except as provided by the Court's local rules. The attorney or self-represented party filing a case should complete the Civil Cover Sheet as follows: I. (a) PLAINTIFFS - DEFENDANTS. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify the agency first, then the official, including both the official's name and title. (b) COUNTY OF RESIDENCE. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved. (c) ATTORNEYS. Enter the name of the attorney of record and the attorney's firm name, address, and telephone number. A self-represented party must enter his or her own name and information. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)." See Local Rule 83-2.4 for information regarding changes to an attorney's or self-represented party's name, address, firm association, phone number, fax number, or e-mail address. See Local Rule 41-6 regarding dismissal of an action when a self-represented plaintiff fails to keep the Court apprised of his or her current address. II. JURISDICTION. Place an "X" in one of the boxes, to indicate the basis of the Court's jurisdiction. If there is more than one basis of jurisdiction, precedence is determined in the following order: (1) United States plaintiff. Jurisdiction based on 28 U.S.C. §1345 or § 1348. Includes suits by agencies and officers of the United States. (2) United States defendant. The plaintiff is suing the United States, its officers, or agencies. (3) Federal question. Refers to suits under 28 U.S.C. § 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress, or a treaty of the United States. (If the U.S. is a party, however, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked.) (4) Diversity of citizenship. Refers to suits under 28 U.S.C. § 1332, where parties are citizens of different states. If box 4 is checked, the citizenship of the different parties must be checked in Section III. (NOTE: federal question actions take precedence over diversity cases.) III. CITIZENSHIP (RESIDENCE) OF PRINCIPAL PARTIES. This section must be completed if diversity of citizenship is the basis of jurisdiction in Section II. Mark this section for each principal party. IV. ORIGIN. Place an "X" in one of the six boxes: (1) Original Proceedings. For cases that originate in the United States district courts. (2) Removed from State Court. For proceedings initiated in state courts that are removed to the district courts under 28 U.S.C. § 1441. (3) Remanded from Appellate Court. For cases remanded to the district court for further action. Use the date of remand as the filing date. CV-71A (07/16) (JS-44 Rev. 07/16) CIVIL COVER SHEET INSTRUCTIONS American LegalNet, Inc. www.FormsWorkFlow.com Page 1 of 2 (4) Reinstated or Reopened. For cases reinstated or reopened in the district court. Use the reopening date as the filing date. (5) Transferred from Another District. For cases transferred under 28 U.S.C. § 1404(a). Do NOT use this for within-district transfers or multidistrict litigation transfers. If this box is checked, do NOT check (6) below. (6) Multidistrict Litigation - Transfer. For multidistrict cases transferred into the district under 28 U.S.C. § 1407. If this box is checked, do NOT check (5) above. (8) Multidistrict Litigation - Direct File. For cases that you intend to identify as related to an MDL proceeding pending in this district. V. REQUESTED IN COMPLAINT. Jury Demand: Indicate whether a jury is being demanded. Class Action: Indicate whether you are filing a class action under Rule 23, F.R.Cv.P. Demand: Enter the dollar amount (in thousands of dollars) being demanded or indicate other demand, e.g., preliminary injunction. VI. CAUSE OF ACTION. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. (Example: 47 U.S.C. § 553. Unauthorized reception of cable service.) VII. NATURE OF SUIT. Place an "X" in the appropriate box. MARK ONE BOX ONLY. If the cause of action fits more that one nature of suit, select the most definitive. VIII. VENUE. This section is used to determine the division of the Court to which this case will initially be assigned. The initial assignment is subject to change, in accordance with the Court's general orders. Use questions A, B, C, and D to determine the correct initial division assignment, then enter that division in question E. Also answer question F. IX. (a) IDENTICAL CASES. Indicate whether an identical action has previously been filed in or removed to this Court. List the docket number and judge's name for any identical case(s). (b) RELATED CASES. Using the definition of "related" cases that appears in this section, indicate whether the present case is related to any other case previously filed in this Court. List the docket number and presiding judge's name for any related case(s). Check all boxes that apply. SIGNATURE. The attorney or self-represented litigant must sign and date this form. X. CV-71A (07/16) (JS-44 Rev. 07/16) CIVIL COVER SHEET INSTRUCTIONS American LegalNet, Inc. www.FormsWorkFlow.com Page 2 of 2