Q: Initial Standing order, et cetera. Rule that defines list for service of process of complaint and summons - please.
List was provided for consideration to serve:
1. General Order No. 21-12: Mandates the electronic filing of civil and documents pursuan to Federal Rules of Civil Procedure.
2. General Order No. 21-10: Outlines the District's policy on the filing of highly sensitive documents.
3. General Order No. 19-03: Sets forth the District's policy on providing notice of related cases.
In respect to items 1-3: Question. Why have to be served? General orders, available at website. What specific rule MANDATES to serve those General Orders with Complaint.
4. Court's Initial Standing Order: This order is typically issued by the assigned judge and outlines their specific procedures and requirements for the case.
QUESTION. Initial Standing Order is not on the docket. Is it mandatory part of case initiation? Is it mandatory for service of process of complaint? How to find it?
A:
Hi there, and Happy Friday! Here is my analysis of the rules and questions you provided:
1-3. General Orders 21-12, 21-10, and 19-03:
These general orders outline various policies and procedures for the district court, such as e-filing requirements, handling of highly sensitive documents, and notice of related cases. However, there is no specific rule in the Federal Rules of Civil Procedure that mandates serving these general orders along with the complaint and summons.
The general orders are publicly available on the court's website, so parties are expected to review and comply with them as applicable. But they are not typically required to be formally served on defendants as part of service of process under Rule 4 of the FRCP, which governs serving the complaint and summons.
4. Initial Standing Order:
An initial standing order contains a judge's specific procedures and requirements for cases assigned to them. However, it is not a mandatory part of initiating a case. The key documents that must be filed to initiate a case are the complaint (per FRCP Rule 3) and the summons (per FRCP Rule 4).
The initial standing order is also not a mandatory document that must be served along with the complaint and summons under FRCP Rule 4. Typically, the judge will issue the standing order after a case is filed and assigned to them. It will then be posted on the case docket and the parties are responsible for reviewing it and complying with its provisions going forward.
If an initial standing order is not yet on the docket, the parties should periodically check the docket to see if one gets issued by the judge. The clerk's office may also mail copies to the parties. But it is not something plaintiffs are required to serve themselves.
In summary, while the general orders and standing order contain important procedures that the parties must follow, there is no rule mandating that plaintiffs serve them along with the complaint and summons when initiating a case. I hope that this helps.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
