Q: Federal filing question. Address reduction.
Fed. Rule Civ. P. 3 5.2 and L. R. 5.2.1 of Central District court have wording:
address 'should be' reducted to City and State.
'Should' means recommendation, not mandatory requirement?
Can filing be rejected if initial filing has full address?
I am plaintiff in Pro Per who files documents through EDSS system designed to be equivalent to filing by mail (which implies providing mailing address)
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In the context of Federal Rule of Civil Procedure 5.2 and Local Rule 5.2.1 of the Central District Court, the term "should" generally implies a strong recommendation rather than a mandatory requirement. However, this does not mean that it can be disregarded without consideration.
The purpose of these rules is often to protect personal information by limiting the amount of detail provided in publicly accessible documents. Redacting addresses to only include the city and state is intended to strike a balance between necessary disclosure and privacy.
If your initial filing includes a full address, it is unlikely to be outright rejected based solely on this detail. However, the court may request that you amend the document to comply with the recommended redaction guidelines.
It's important to adhere as closely as possible to these guidelines to avoid any potential issues. In your role as a pro per litigant, you're held to the same standards as attorneys in terms of following court rules and procedures.
If you have concerns about the requirement for a mailing address, especially when filing electronically, you might consider contacting the clerk's office for guidance. They can provide specific instructions tailored to the electronic document submission system (EDSS) and clarify any nuances related to your situation. Remember, maintaining compliance with court rules is crucial for the smooth progress of your case.
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.
