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Instructions For Attorneys Completing Civil Case Cover Sheet CV-71A - California
| Instructions For Attorneys Completing Civil Case Cover Sheet Form. This is a California form and can be used in Civil USDC Central Federal . |
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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM Authority for Civil Cover Sheet The CV-71 (JS-44 ) Civil Cover Sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form 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 first the agency and then the official giving both name and title. 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. (NOTE: in land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.) Attorneys. Enter firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section ("see attachment"). Refer to Local Rules 83-2.7 and 41-6 for further information regarding change of attorney name, address, firm association, phone number, fax number or e-mail address, and dismissal of action for failure of pro se plaintiff to keep Court apprised of current address. JURISDICTION. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdiction be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States Plaintiff. (1) Jurisdiction is based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States Defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal Question. (3) This refers to suits under 28 U.S.C. 1331 where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, and act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code take precedence and box 1 or 2 should be marked. Diversity of Citizenship. (4) This refers to suits under 28 U.S.C. 1332 where parties are citizens of different states. When box 4 is checked, the citizenship of the different parties must be checked. (See Section III below) (Federal question actions take precedence over diversity cases.) III. IV. RESIDENCE (CITIZENSHIP) OF PRINCIPAL PARTIES. This section of the CV-71(JS-44) is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. ORIGIN. Place an "X" in one of the seven boxes: (1) (2) (3) (4) (5) (6) (7) V. Original Proceedings. Cases which originate in the United States District Courts. Removed from State Court. Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C. Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate court. Check this box for cases remanded to the district court for further action. Use the date of remand as thefiling date. Reinstated or Reopened. Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. For cases transferred under Title 28 U.S.C. Section 1404(a). DO NOT use this for within-district transfers or multidistrict litigation transfers. When this box is checked, DO NOT check (6) below. Multidistrict Litigation. Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, DO NOT check (5) above. Appeal to District Judge from Magistrate Judge Judgment. Check this box for an appeal from a magistrate judge's decision. (b) (c) II. REQUESTED IN COMPLAINT. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. CAUSE OF ACTION. Report the civil statute directly related to the cause of action and give a brief description of the cause of action. Do not cite jurisdictional statues unless diversity. Example: U.S. Civil Statue: 47 USC 553 Brief Description: Unauthorized reception of cable service NATURE OF SUIT. Place an "X" in the appropriate box. MARK ONE BOX ONLY. If the cause of action fits more than one nature of suit, select the one that best describes your cause of action.. VI. VII. VIII (a) IDENTICAL CASES. Indicate if an identical action has previously been filed and dismissed, remanded or closed. Insert the docket number and judge's name, if applicable. (b) RELATED CASES. This section of the CV-71 (JS-44)) is used to reference related cases, if any. If there are related cases, insert the docket numbers and the corresponding judge's name for each case. Check all boxes that apply. IX. VENUE. This section of the CV-71 (JS-44) is used to identify the correct division in which the case will be filed. Please remember to indicate the residence of EACH plaintiff and defendant and the county or state in which each claim arose. If the United States government or an agency thereof is a plaintiff or defendant, place an "X" in the appropriate box. Indicate the residence of other parties, if any. In each category: for each party and claim, indicate the county, if in California. If other than California, you need only to list the state or country. X. Attorney or party appearing pro per must sign and date this form. CV-71A (03/05) (JS-44 amended 11/04) INSTRUCTIONS FOR CIVIL COVER SHEET Page 1 of 1 Am
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