E.D. Okla. Local Rules Filing Check

Starts a civil action and states the claims.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a)) naming all parties
• Short and plain statement of the grounds for jurisdiction (FRCP 8(a)(1))
• Short and plain statement of each claim (FRCP 8(a)(2)), in numbered paragraphs (FRCP 10(b))
• Demand for the relief sought (FRCP 8(a)(3))
• Jury demand, if wanted (FRCP 38(b))
• Exhibits attached as needed (FRCP 10(c))
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Civil cover sheet (JS 44) and summons for each defendant (FRCP 4(b)); filing fee or IFP application
• Disclosure statement by nongovernmental corporate parties and, in diversity cases, every party (FRCP 7.1)
• Redact Social Security and taxpayer-ID numbers, birth dates, minors’ names and financial-account numbers (FRCP 5.2(a))

Rules: FRCP 3; FRCP 8(a); FRCP 10; FRCP 11; FRCP 38(b)

Responds to each allegation of the complaint and raises defenses.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Admit or deny each allegation, or state lack of knowledge (FRCP 8(b))
• Affirmative defenses (FRCP 8(c))
• Defenses under FRCP 12(b), if not raised by motion
• Counterclaims or crossclaims, if any (FRCP 13)
• Jury demand, if wanted (FRCP 38(b))
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))
• Disclosure statement (FRCP 7.1), if not already filed

Deadline: 21 days after service of the summons and complaint; 60 days if service was waived (90 if the waiver request was sent outside the U.S.); 60 days for the United States and its agencies or officers (FRCP 12(a)).

Rules: FRCP 8(b)–(c); FRCP 12(a); FRCP 12(b); FRCP 10; FRCP 11

Asserts a claim against an opposing party (counterclaim) or a co-party (crossclaim).

• Usually pleaded in the answer
• Statement of each claim and demand for relief (FRCP 8(a))
• Compulsory counterclaims arising from the same transaction must be stated (FRCP 13(a))
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))

Deadline: Answer to a counterclaim or crossclaim due 21 days after service (FRCP 12(a)(1)(B)).

Rules: FRCP 13; FRCP 8(a); FRCP 12(a)(1)(B)

Brings in a nonparty who may be liable to the defendant for all or part of the claim.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a)) adding the third-party defendant
• Claims against the third-party defendant
• Summons and service on the new party
• Signature of attorney of record with address, email and phone (FRCP 11(a))

Deadline: Without leave within 14 days after serving the original answer; after that, by motion (FRCP 14(a)(1)).

Rules: FRCP 14(a)

Discloses parent corporations and 10% stockholders, and in diversity cases each party’s citizenship.

• Identify any parent corporation and any publicly held corporation owning 10% or more of its stock, or state there is none (FRCP 7.1(a)(1))
• In diversity cases, the citizenship of every individual or entity whose citizenship is attributed to the party (FRCP 7.1(a)(2))
• Signature of attorney of record with address, email and phone (FRCP 11(a))

Deadline: With the party’s first appearance, pleading, petition, motion, response or other request; supplement if information changes (FRCP 7.1(b)).

Rules: FRCP 7.1

Removes a case from state court to federal court.

• Short and plain statement of the grounds for removal (28 U.S.C. § 1446(a))
• Copies of all process, pleadings and orders served on the defendant (§ 1446(a))
• Consent of all properly joined and served defendants for removal under § 1441(a) (§ 1446(b)(2)(A))
• Civil cover sheet and fee
• Prompt written notice to adverse parties and a copy filed with the state court clerk (§ 1446(d))
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Disclosure statement (FRCP 7.1)

Deadline: Within 30 days after the defendant receives the initial pleading or summons (§ 1446(b)(1)); diversity cases may not be removed more than 1 year after commencement except for bad faith (§ 1446(c)(1)).

Rules: 28 U.S.C. § 1441; 28 U.S.C. § 1446; FRCP 11; FRCP 81(c)

Seeks dismissal for lack of jurisdiction, improper venue, insufficient process or service, failure to state a claim, or failure to join a party.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Motion stating with particularity the grounds and the relief sought (FRCP 7(b)(1))
• Supporting memorandum of law (form and length set by local rule)
• Supporting declarations or exhibits as needed (28 U.S.C. § 1746)
• Proposed order (required by many local rules)
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))
• Redact Social Security and taxpayer-ID numbers, birth dates, minors’ names and financial-account numbers (FRCP 5.2(a))

Deadline: Before a responsive pleading is filed (FRCP 12(b)); defenses in Rule 12(b)(2)–(5) are waived if omitted (FRCP 12(h)(1)).

Rules: FRCP 12(b); FRCP 12(g)–(h); FRCP 7(b)

Seeks judgment on the pleadings alone.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Motion stating with particularity the grounds and the relief sought (FRCP 7(b)(1))
• Supporting memorandum of law (form and length set by local rule)
• Supporting declarations or exhibits as needed (28 U.S.C. § 1746)
• Proposed order (required by many local rules)
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))
• Redact Social Security and taxpayer-ID numbers, birth dates, minors’ names and financial-account numbers (FRCP 5.2(a))

Deadline: After the pleadings are closed, but early enough not to delay trial.

Rules: FRCP 12(c)

Asks for a clearer pleading when one is too vague to respond to.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Motion stating with particularity the grounds and the relief sought (FRCP 7(b)(1))
• Supporting memorandum of law (form and length set by local rule)
• Supporting declarations or exhibits as needed (28 U.S.C. § 1746)
• Proposed order (required by many local rules)
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))
• Redact Social Security and taxpayer-ID numbers, birth dates, minors’ names and financial-account numbers (FRCP 5.2(a))

Deadline: Before filing a responsive pleading; must point out the defects and details desired.

Rules: FRCP 12(e)

Strikes an insufficient defense or redundant, immaterial, impertinent or scandalous matter.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Motion stating with particularity the grounds and the relief sought (FRCP 7(b)(1))
• Supporting memorandum of law (form and length set by local rule)
• Supporting declarations or exhibits as needed (28 U.S.C. § 1746)
• Proposed order (required by many local rules)
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))
• Redact Social Security and taxpayer-ID numbers, birth dates, minors’ names and financial-account numbers (FRCP 5.2(a))

Deadline: Before responding to the pleading, or within 21 days after service if no response is allowed.

Rules: FRCP 12(f)

Seeks permission to amend a pleading.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Motion and grounds (FRCP 7(b))
• Proposed amended pleading attached (required by many local rules)
• Redline comparison (required by some local rules)
• Proposed order (required by many local rules)
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))

Deadline: Amendment once as a matter of course is allowed within 21 days after serving, or 21 days after service of a responsive pleading or Rule 12(b), (e) or (f) motion (FRCP 15(a)(1)); otherwise by consent or leave. After a scheduling-order deadline, good cause is required (FRCP 16(b)(4)).

Rules: FRCP 15(a)(2); FRCP 16(b)(4)

Seeks to join the action as a party.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Motion stating the grounds for intervention (FRCP 24(c))
• Pleading setting out the claim or defense for which intervention is sought (FRCP 24(c))
• Proposed order (required by many local rules)
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))

Deadline: Must be timely (FRCP 24(a)–(b)).

Rules: FRCP 24

Seeks judgment because there is no genuine dispute of material fact.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Motion identifying each claim or defense on which judgment is sought (FRCP 56(a))
• Memorandum of law
• Statement of undisputed material facts with record citations (required by many local rules; FRCP 56(c)(1))
• Supporting declarations or affidavits on personal knowledge (FRCP 56(c)(4)) and record excerpts
• Proposed order (required by many local rules)
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))
• Redact Social Security and taxpayer-ID numbers, birth dates, minors’ names and financial-account numbers (FRCP 5.2(a))

Deadline: Unless a local rule or order sets otherwise, any time until 30 days after the close of all discovery (FRCP 56(b)).

Rules: FRCP 56

Seeks emergency or interim injunctive relief.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Motion and memorandum addressing likelihood of success, irreparable harm, balance of equities and public interest
• Affidavit or verified complaint showing immediate and irreparable injury, and attorney certification of efforts to give notice, for a TRO without notice (FRCP 65(b)(1))
• Proposed order specifying the terms and acts restrained (FRCP 65(d))
• Proposed security amount (FRCP 65(c))
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))

Deadline: A TRO issued without notice expires after no more than 14 days unless extended (FRCP 65(b)(2)).

Rules: FRCP 65; FRCP 7(b)

Asks the court to order disclosure or discovery responses.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Motion and grounds
• Certification of good-faith conferral to obtain the discovery without court action (FRCP 37(a)(1))
• The disputed requests and responses (often required to be quoted by local rule)
• Proposed order (required by many local rules)
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))

Rules: FRCP 37(a)

Protects a party or person from annoyance, embarrassment, oppression or undue burden in discovery.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Motion and good-cause showing (FRCP 26(c)(1))
• Certification of good-faith conferral (FRCP 26(c)(1))
• Proposed protective order
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))

Rules: FRCP 26(c)

Seeks sanctions for a filing that violates Rule 11(b).

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Motion stating with particularity the grounds and the relief sought (FRCP 7(b)(1))
• Supporting memorandum of law (form and length set by local rule)
• Supporting declarations or exhibits as needed (28 U.S.C. § 1746)
• Proposed order (required by many local rules)
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))
• Redact Social Security and taxpayer-ID numbers, birth dates, minors’ names and financial-account numbers (FRCP 5.2(a))

Deadline: Must be made separately from any other motion and served, but not filed, until 21 days after service if the challenged paper is not withdrawn or corrected (FRCP 11(c)(2)).

Rules: FRCP 11(c)

Asks to extend a deadline.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Motion stating with particularity the grounds and the relief sought (FRCP 7(b)(1))
• Supporting memorandum of law (form and length set by local rule)
• Supporting declarations or exhibits as needed (28 U.S.C. § 1746)
• Proposed order (required by many local rules)
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))
• Redact Social Security and taxpayer-ID numbers, birth dates, minors’ names and financial-account numbers (FRCP 5.2(a))

Deadline: Before the deadline expires for good cause; after it expires, also requires excusable neglect (FRCP 6(b)(1)). Some deadlines cannot be extended (FRCP 6(b)(2)).

Rules: FRCP 6(b)

Asks the court to send a removed case back to state court.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Motion stating with particularity the grounds and the relief sought (FRCP 7(b)(1))
• Supporting memorandum of law (form and length set by local rule)
• Supporting declarations or exhibits as needed (28 U.S.C. § 1746)
• Proposed order (required by many local rules)
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))
• Redact Social Security and taxpayer-ID numbers, birth dates, minors’ names and financial-account numbers (FRCP 5.2(a))

Deadline: For any defect other than lack of subject-matter jurisdiction, within 30 days after the notice of removal is filed; lack of subject-matter jurisdiction may be raised any time before final judgment (§ 1447(c)).

Rules: 28 U.S.C. § 1447(c)

Asks to transfer the case to another district.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Motion stating with particularity the grounds and the relief sought (FRCP 7(b)(1))
• Supporting memorandum of law (form and length set by local rule)
• Supporting declarations or exhibits as needed (28 U.S.C. § 1746)
• Proposed order (required by many local rules)
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))
• Redact Social Security and taxpayer-ID numbers, birth dates, minors’ names and financial-account numbers (FRCP 5.2(a))

Rules: 28 U.S.C. § 1404(a); 28 U.S.C. § 1406(a)

Asks permission to file material under seal.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Motion explaining the basis for sealing
• Proposed redacted public version
• Unredacted version lodged under seal
• Proposed order (required by many local rules)
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))

Rules: FRCP 5.2(d); FRCP 26(c)(1)(F)

Seeks admission of out-of-district counsel for one case.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Motion by local counsel
• Applicant’s declaration and certificate(s) of good standing
• Fee
• Proposed order (required by many local rules)

Rules: Local rules (no national rule)

Obtains a default and then judgment against a party that failed to plead or defend.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Request to the clerk for entry of default with affidavit showing failure to plead or defend (FRCP 55(a))
• Motion for default judgment with proof of damages (FRCP 55(b))
• Servicemembers Civil Relief Act affidavit (50 U.S.C. § 3931)
• Proposed judgment
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))

Rules: FRCP 55(a)–(b); 50 U.S.C. § 3931 (Servicemembers Civil Relief Act affidavit)

Responds to a pending motion.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Memorandum in opposition
• Response to statement of undisputed facts (summary-judgment motions, per local rule)
• Supporting declarations or exhibits
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))

Deadline: Set by local rule or court order (no single national deadline).

Rules: FRCP 6; FRCP 7(b); Local rules

Replies to the opposition to the movant’s motion.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Reply memorandum limited to matters raised in the opposition
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))

Deadline: Set by local rule or court order.

Rules: Local rules

Sets out the legal argument supporting a motion or position.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Table of contents and table of authorities (required above a page threshold by many local rules)
• Preliminary statement, statement of facts, argument and conclusion
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))

Rules: FRCP 7(b); Local rules

Sworn or penalty-of-perjury testimony supporting a filing.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Numbered statements on personal knowledge
• Exhibits identified and authenticated
• Unsworn declaration language: “I declare under penalty of perjury that the foregoing is true and correct. Executed on (date).” (28 U.S.C. § 1746)
• Declarant’s signature
• Redact Social Security and taxpayer-ID numbers, birth dates, minors’ names and financial-account numbers (FRCP 5.2(a))

Rules: 28 U.S.C. § 1746; FRCP 56(c)(4)

Asks for a pretrial ruling on admissibility of evidence.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Motion stating with particularity the grounds and the relief sought (FRCP 7(b)(1))
• Supporting memorandum of law (form and length set by local rule)
• Supporting declarations or exhibits as needed (28 U.S.C. § 1746)
• Proposed order (required by many local rules)
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))
• Redact Social Security and taxpayer-ID numbers, birth dates, minors’ names and financial-account numbers (FRCP 5.2(a))

Rules: Federal Rules of Evidence 103, 104; Court’s inherent authority

Seeks judgment because no reasonable jury could find for the opponent.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Motion stating with particularity the grounds and the relief sought (FRCP 7(b)(1))
• Supporting memorandum of law (form and length set by local rule)
• Supporting declarations or exhibits as needed (28 U.S.C. § 1746)
• Proposed order (required by many local rules)
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))
• Redact Social Security and taxpayer-ID numbers, birth dates, minors’ names and financial-account numbers (FRCP 5.2(a))

Deadline: Before the case is submitted to the jury (FRCP 50(a)(2)); renewed motion no later than 28 days after entry of judgment (FRCP 50(b)).

Rules: FRCP 50(a); FRCP 50(b)

Identifies trial witnesses, deposition designations and exhibits.

• Witnesses expected or who may be called (FRCP 26(a)(3)(A)(i))
• Deposition designations (ii)
• Exhibits (iii)
• Filed promptly after service, unless the court orders otherwise

Deadline: At least 30 days before trial unless ordered otherwise; objections within 14 days after (FRCP 26(a)(3)(B)).

Rules: FRCP 26(a)(3); FRCP 16(e)

Requests jury instructions for the court to give.

• Each instruction numbered, on a separate page, with supporting authority (common local-rule requirement)
• Proposed verdict form
• Pattern instructions identified where used

Deadline: At the close of the evidence or any earlier reasonable time the court orders (FRCP 51(a)(1)).

Rules: FRCP 51(a)

Seeks a new trial or changes to the judgment.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Motion stating with particularity the grounds and the relief sought (FRCP 7(b)(1))
• Supporting memorandum of law (form and length set by local rule)
• Supporting declarations or exhibits as needed (28 U.S.C. § 1746)
• Proposed order (required by many local rules)
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))
• Redact Social Security and taxpayer-ID numbers, birth dates, minors’ names and financial-account numbers (FRCP 5.2(a))

Deadline: No later than 28 days after entry of judgment; this deadline cannot be extended (FRCP 59(b), (e); FRCP 6(b)(2)). A timely motion resets the time to appeal (FRAP 4(a)(4)).

Rules: FRCP 59(a); FRCP 59(e); FRAP 4(a)(4)

Seeks relief from a final judgment or order.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Motion stating with particularity the grounds and the relief sought (FRCP 7(b)(1))
• Supporting memorandum of law (form and length set by local rule)
• Supporting declarations or exhibits as needed (28 U.S.C. § 1746)
• Proposed order (required by many local rules)
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))
• Redact Social Security and taxpayer-ID numbers, birth dates, minors’ names and financial-account numbers (FRCP 5.2(a))

Deadline: Within a reasonable time; for mistake, newly discovered evidence or fraud, no more than 1 year after entry of judgment (FRCP 60(c)(1)).

Rules: FRCP 60(b); FRCP 60(c)

Seeks an award of attorney’s fees.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Motion specifying the judgment and the statute, rule or other grounds entitling the movant to the award (FRCP 54(d)(2)(B))
• Amount sought or a fair estimate
• Billing records and declarations supporting the rates and hours
• Proposed order (required by many local rules)
• Signature of attorney of record with address, email and phone (FRCP 11(a))
• Certificate of service, unless served through the court’s electronic-filing system on registered users (FRCP 5(d)(1)(B))

Deadline: No later than 14 days after entry of judgment unless a statute or order provides otherwise (FRCP 54(d)(2)(B)(i)).

Rules: FRCP 54(d)(2)

Requests taxable costs from the clerk.

• Itemized costs under 28 U.S.C. § 1920 with supporting invoices
• Verifying affidavit (28 U.S.C. § 1924)
• Form AO 133

Deadline: Set by local rule; the clerk may tax costs on 14 days’ notice (FRCP 54(d)(1)).

Rules: FRCP 54(d)(1); 28 U.S.C. § 1920; 28 U.S.C. § 1924

Reports the parties’ proposed discovery plan to the court.

• Views and proposals on each subject in FRCP 26(f)(3): disclosures, discovery subjects and phasing, electronically stored information, privilege, limits, and other orders
• Signatures of all parties’ counsel

Deadline: Within 14 days after the Rule 26(f) conference (FRCP 26(f)(2)).

Rules: FRCP 26(f); FRCP 16(b)

Discloses witnesses, documents, damages computation and insurance without a request. Served on the parties, not filed with the court.

• Witnesses likely to have discoverable information (FRCP 26(a)(1)(A)(i))
• Copies or descriptions of documents and ESI (ii)
• Computation of damages (iii)
• Insurance agreements (iv)
• Signature certifying completeness (FRCP 26(g)(1))
• Served on parties — not filed with the court (FRCP 5(d)(1)(A))

Deadline: Within 14 days after the Rule 26(f) conference unless stipulated or ordered otherwise (FRCP 26(a)(1)(C)).

Rules: FRCP 26(a)(1); FRCP 5(d)(1)(A)

Written questions to another party, answered under oath. Served on the parties, not filed with the court.

• No more than 25 interrogatories including discrete subparts without leave or stipulation (FRCP 33(a)(1))
• Definitions and instructions
• Signature (FRCP 26(g))
• Served — not filed until used in the proceeding (FRCP 5(d)(1)(A))

Deadline: Responses due 30 days after service (FRCP 33(b)(2)). Not before the Rule 26(f) conference except as allowed (FRCP 26(d)).

Rules: FRCP 33; FRCP 26(b); FRCP 26(g); FRCP 5(d)(1)(A)

Requests documents, ESI or tangible things, or entry onto land. Served on the parties, not filed with the court.

• Each item or category described with reasonable particularity (FRCP 34(b)(1)(A))
• Reasonable time, place and manner for inspection, and form for ESI (FRCP 34(b)(1)(B)–(C))
• Signature (FRCP 26(g))
• Served — not filed

Deadline: Responses due 30 days after service (FRCP 34(b)(2)(A)); early Rule 34 requests may be delivered more than 21 days after service (FRCP 26(d)(2)).

Rules: FRCP 34; FRCP 26(g); FRCP 5(d)(1)(A)

Asks another party to admit facts, the application of law to fact, or the genuineness of documents. Served on the parties, not filed with the court.

• Each matter separately stated (FRCP 36(a)(2))
• Copies of documents whose genuineness is to be admitted (FRCP 36(a)(2))
• Signature
• Served — not filed

Deadline: Matters are admitted unless answered or objected to within 30 days after service (FRCP 36(a)(3)).

Rules: FRCP 36; FRCP 26(g)

Commands a nonparty to testify, produce documents or permit inspection. Served on the parties, not filed with the court.

• Court, title of the action and case number; command; text of FRCP 45(d)–(e) (FRCP 45(a)(1))
• Signed by the clerk or an attorney authorized to practice in the issuing court (FRCP 45(a)(3))
• Notice and a copy to every party before serving a documents subpoena (FRCP 45(a)(4))
• Witness fees and mileage tendered for attendance (FRCP 45(b)(1))
• Uses form AO 88 / 88A / 88B

Rules: FRCP 45

Ends the action, or part of it, without a court order.

• Caption: court name, title of the action, file number and document designation (FRCP 10(a))
• Notice of dismissal before the opposing party serves an answer or summary-judgment motion (FRCP 41(a)(1)(A)(i)), or stipulation signed by all parties who have appeared (FRCP 41(a)(1)(A)(ii))
• Whether dismissal is with or without prejudice (without prejudice unless stated; FRCP 41(a)(1)(B))
• Signature of attorney of record with address, email and phone (FRCP 11(a))

Rules: FRCP 41(a)(1)

Starts an appeal to the court of appeals.

• Party or parties taking the appeal (FRAP 3(c)(1)(A))
• The judgment or order appealed from (FRAP 3(c)(1)(B))
• The court to which the appeal is taken (FRAP 3(c)(1)(C))
• Filing fee
• Signature

Deadline: Within 30 days after entry of the judgment or order; 60 days if the United States or its officer or agency is a party (FRAP 4(a)(1)).

Rules: FRAP 3; FRAP 4(a); 28 U.S.C. § 1291

Raises defenses, objections or requests that can be decided without trial on the merits.

• Caption with court, case title (United States v. …) and case number
• Motion in writing stating the grounds and the relief sought (FRCrP 47(b))
• Supporting memorandum and affidavits as needed (FRCrP 47(d))
• Signature of counsel of record
• Certificate of service (FRCrP 49(a)–(b))
• Redactions required by FRCrP 49.1(a)

Deadline: Motions listed in FRCrP 12(b)(3) must be made before trial, by the deadline the court sets (FRCrP 12(c)); otherwise untimely absent good cause (FRCrP 12(c)(3)).

Rules: FRCrP 12(b); FRCrP 47

Seeks exclusion of unlawfully obtained evidence.

• Caption with court, case title (United States v. …) and case number
• Motion identifying the evidence and the grounds
• Memorandum of law
• Affidavit or declaration establishing standing and facts (often required for an evidentiary hearing)
• Request for evidentiary hearing
• Signature of counsel of record
• Certificate of service (FRCrP 49(a)–(b))

Deadline: Before trial, by the court’s pretrial-motion deadline (FRCrP 12(b)(3), (c)).

Rules: FRCrP 12(b)(3)(C); FRCrP 41(h); Fourth, Fifth and Sixth Amendments

Challenges defects in instituting the prosecution or in the indictment.

• Caption with court, case title (United States v. …) and case number
• Motion and grounds
• Memorandum of law
• Signature of counsel of record
• Certificate of service (FRCrP 49(a)–(b))

Deadline: Defects listed in FRCrP 12(b)(3)(A)–(B) must be raised before trial; lack of jurisdiction may be raised any time while the case is pending (FRCrP 12(b)(2)).

Rules: FRCrP 12(b)(1); FRCrP 12(b)(3)(A)–(B)

Asks the government to specify details of the charge.

• Caption with court, case title (United States v. …) and case number
• Motion identifying the particulars sought
• Signature of counsel of record
• Certificate of service (FRCrP 49(a)–(b))

Deadline: Before or within 14 days after arraignment, or later if the court permits (FRCrP 7(f)).

Rules: FRCrP 7(f)

Requests or compels disclosure of statements, records, documents, examinations and expert information.

• Written request to the government (FRCrP 16(a)(1))
• Motion to compel only after conferral (many local rules)
• Caption with court, case title (United States v. …) and case number
• Signature of counsel of record
• Certificate of service (FRCrP 49(a)–(b))

Rules: FRCrP 16; FRCrP 12(b)(3)(E); Brady v. Maryland, 373 U.S. 83 (1963)

Seeks pretrial release or review of a release or detention order.

• Caption with court, case title (United States v. …) and case number
• Motion addressing the § 3142(g) factors
• Proposed release conditions
• Signature of counsel of record
• Certificate of service (FRCrP 49(a)–(b))

Deadline: A motion to revoke or amend a magistrate judge’s order is to be determined promptly (18 U.S.C. § 3145(a)–(b)).

Rules: 18 U.S.C. § 3142; 18 U.S.C. § 3145

Gives notice of an intended alibi defense after a government request.

• Each specific place the defendant claims to have been
• Name, address and phone number of each alibi witness (FRCrP 12.1(a)(2))
• Signature of counsel of record
• Certificate of service (FRCrP 49(a)–(b))

Deadline: Within 14 days after the government’s written request, or as the court directs (FRCrP 12.1(a)(2)).

Rules: FRCrP 12.1

Gives notice of an insanity defense or expert evidence of a mental condition.

• Written notice to the government and filed with the clerk (FRCrP 12.2(a)–(b))
• Signature of counsel of record

Deadline: Within the time for pretrial motions or another time the court sets (FRCrP 12.2(a)–(b)).

Rules: FRCrP 12.2

Objects to the presentence report and argues for a sentence under 18 U.S.C. § 3553(a).

• Written objections to the presentence report (FRCrP 32(f)(1))
• Sentencing memorandum addressing guidelines calculation and § 3553(a) factors
• Letters of support and exhibits
• Caption with court, case title (United States v. …) and case number
• Signature of counsel of record
• Certificate of service (FRCrP 49(a)–(b))
• Redactions required by FRCrP 49.1(a)

Deadline: Objections to the presentence report within 14 days after receiving it (FRCrP 32(f)(1)); memorandum deadline set by local rule or order.

Rules: FRCrP 32(f); FRCrP 32(i); 18 U.S.C. § 3553(a); U.S. Sentencing Guidelines

Seeks acquittal because the evidence is insufficient to sustain a conviction.

• Caption with court, case title (United States v. …) and case number
• Motion and supporting memorandum
• Signature of counsel of record
• Certificate of service (FRCrP 49(a)–(b))

Deadline: After the government closes its evidence or after all evidence; or within 14 days after a guilty verdict or after the court discharges the jury (FRCrP 29(a), (c)(1)).

Rules: FRCrP 29

Seeks a new trial in the interest of justice.

• Caption with court, case title (United States v. …) and case number
• Motion and supporting memorandum
• Affidavits supporting newly discovered evidence
• Signature of counsel of record
• Certificate of service (FRCrP 49(a)–(b))

Deadline: Newly discovered evidence: within 3 years after the verdict; any other reason: within 14 days after the verdict (FRCrP 33(b)).

Rules: FRCrP 33

Corrects clear error, reduces a sentence for substantial assistance, or seeks a sentence reduction under 18 U.S.C. § 3582(c).

• Caption with court, case title (United States v. …) and case number
• Motion and grounds
• For compassionate release, proof of exhaustion of administrative remedies (18 U.S.C. § 3582(c)(1)(A))
• Signature of counsel of record
• Certificate of service (FRCrP 49(a)–(b))

Deadline: Correction of arithmetical, technical or other clear error within 14 days after sentencing (FRCrP 35(a)).

Rules: FRCrP 35; 18 U.S.C. § 3582(c)

Collateral attack on a federal sentence.

• Every ground for relief and supporting facts (§ 2255 Rule 2(b))
• Relief requested
• Signed under penalty of perjury (§ 2255 Rule 2(b)(5))
• Substantially follows the official form or the local form (§ 2255 Rule 2(c))

Deadline: Generally within 1 year from the latest of the events in 28 U.S.C. § 2255(f).

Rules: 28 U.S.C. § 2255; Rules Governing Section 2255 Proceedings, Rule 2

Starts a criminal appeal.

• Party taking the appeal, judgment or order appealed, and court of appeals (FRAP 3(c))
• Signature

Deadline: Defendant: within 14 days after entry of the judgment or order, or of the government’s notice of appeal (FRAP 4(b)(1)(A)). Government: within 30 days (FRAP 4(b)(1)(B)).

Rules: FRAP 3; FRAP 4(b)