COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Calendar No. : JUDICIAL SUBPOENA NOTICE TO COUNSEL Plaintiff(s) -against- : The court has directed that the following rules be specifically :called to your attention: I. Continuing Obligation to Report Related Cases (Local Rule 83-1.3.3) : II. Service of Papers and Process (Local Rule 4) Defendant(s) : . . . . . III.. . . . .Notice.of.Right. to. Consent .to .disposition .of.a. Civil Case by a United States Magistrate Judge .. ..... . .... . ....... . ......... . .... [28 U.S.C. §636 (c) and General Order 194-G]. I. THE PEOPLE OF THE STATE OF NEWREPORT RELATED CASES CONTINUING OBLIGATION TO YORK TO Parties are under the continuing obligation to promptly advise the Court whenever one or more civil actions or proceedings previously commenced and one or more currently filed appear to be related. Local Rule 83-1.3.3 states: "It shall be the continuing duty of the attorney in any case promptly to GREETINGS: bring to the attention of the Court, by the filing of a Notice of Related Case(s) pursuant to Local Rule 83-1.3, WE COMMAND of the attorney or party appear relevant to a determination whether such action all facts which in the opinionYOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable pending actions should, under the criteria and procedures set forth in Local Rule 83-1.3, at the Court and one or more located at beCounty by the same judge." heard of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjournedRule 83-1.2.1.and give"It is not permissible in this action on the part of the an action for the date, to testify states: evidence as a witness to dismiss and thereafter refile Local purpose of obtaining a different judge." Local Rule 83-1.2.2 provides:this subpoena is punishable as a contempt of court andand thereafter the to Your failure to comply with Whenever an action is dismissed before judgment will make you liable the party on whose behalf this subpoena wasthe latter action shall be assigned $50 and all damages sustained as a same or essentially the same action is refiled, issued for a maximum penalty of to the judge to whom the first result of assigned. It comply. action wasyour failure to shall be the continuing duty of every attorney or party appearing in such a refiled action promptly to bring the prior action to the attention of the Clerk in the Civil Cover Sheet and by filing , one of the Justices of the a Notice of Witness, Honorable Related Case(s) pursuant to Local Rule 83-1.3. Court in II. County, day of , 20 SERVICE OF PAPERS AND PROCESS (Attorney must sign above and type name below) Local Rule 4-2 states: "Except as otherwise provided by order of Court, or when required by the treaties or statutes of the United States, process shall not be presented to a United States Marshal for Service." Service of process must be accomplished in accordance with Rule 4 of the Federal Rules of Civil Attorney(s) for Procedure or in any manner provided by State Law, when applicable. Service upon the United States, an officer or agency thereof, shall be served pursuant to the provisions of FRCP 4 (i). Service should be promptly made; unreasonable delay may result in dismissal of the action under Local Rule 41 and Rule 4(m) of the Federal Rules of Civil Procedure. Proof of service or a waiverandservice of summons and complaint Office of P.O. Address must be filed with the court. Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: NOTICE TO COUNSEL CV-20 (12/03) American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : III. Index No. : NOTICE OF RIGHT TO CONSENT TO DISPOSITION Calendar No. CASE BY A OF A CIVIL UNITED STATES MAGISTRATE JUDGE Plaintiff(s) : JUDICIAL SUBPOENA Pursuant to Local Rule 73-2, this notice must be served with the Summons or Waiver of Service -against: of Summons and Complaint on all defendants. : In accordance with the provisions of 28 U.S.C. §636(c), you are hereby notified that the full-time : United States Magistrate Judges of this District Court, in addition to their other duties, may, upon the consent of all parties to their civil case, conduct any and all proceedings in a civil case, including a jury or Defendant(s) : non-jury trial,.and order the . . . . . of . .final. judgment. .Copies. of . . . . . . . . . . . . . . . . . . . . . . entry . . a . . . . . . . . . . . . . . . . . . . appropriate consent forms for this purpose (Form number CV-11) are available from the Clerk of Court. Since Magistrate Judges do not handle felony criminal trials, civil trial dates are not at risk of being preempted by a criminal trial, which normally has priority. Further, in some cases the Magistrate Judge may beTO to assign an earlier trial date than a District Judge. There may be other advantages and disadvantages able which you will want to consider. THE PEOPLE OF THE STATE OF NEW YORK Your decision to consent or not to consent to the disposition of your case by a United States GREETINGS: Magistrate Judge is entirely voluntary and should be communicated solely to the clerk by submitting a joint form of consent or separate forms of consent, form CV-11. Please note that the United States District Court WE COMMAND YOU, that all business and thirty (30) days prior to the date of the you attend before must approve the consent if it is not submitted at least excuses being laid aside, you and each of Final Pretrial , the Honorable parties must consent before the case may proceed before a United States Magistrate Judge. at the Court Conference. ALL located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed With the exception noted below, the parties may consent to proceed before any Magistrate Judge or adjourned date, to testify and give evidence as a witness in this action on the part of the whose name appears on a list maintained by the Clerk of those Magistrate Judges currently available for consent cases. A space is provided on the consent form for use by parties if they desire to consent to a Magistrate Judge from the list. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena beenissued for a to a Magistrate Judges and all damages sustained as a NOTE: In cases which already have was assigned maximum penalty of $50 pursuant to 28 U.S.C. result of your failure to comply. §636(b)(1)(B) and these Local Rules, the parties may consent to proceed only before the assigned Magistrate Judge. Witness, Honorable , one of the Justices of the Court Any appeal from a judgmentday the Magistrate 20 in County, , Judge shall be taken to the United States Court of of of Appeals in the same manner as an appeal from any other judgment of the district court in accordance with 28 U.S.C. §636(c)(3). (Attorney must sign above and type name below) Attorney(s) for CLERK, UNITED STATE DISTRICT COURT Office and P.O. CENTRAL DISTRICT OF CALIFORNIA Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: NOTICE TO COUNSEL CV-20 (12/03) American LegalNet, Inc. www.USCourtForms.com