Stipulations will be recognized as binding only when made in open court, on the record at a deposition, or when filed in the proceeding. Central Dist. LR 7-1 (amended 1/1/10).
A separate proposed order shall be submitted with any stipulation, application, motion, or request of the parties requiring an order of the court. If the proposed order is the result of a stipulation, the pertinent elements requested in the stipulation shall be set forth in the order. Unless the filer is exempted from electronic filing pursuant to Central Dist. LR 5-4.2(a), the proposed order shall be submitted as provided in Central Dist. LR 5-4.4. Central Dist. LR 52-4.1.
A separate proposed order must be lodged with any motion or application requiring an order of the Court, pursuant to Local Rule 52-4.1. Unless exempted from electronic filing, each proposed order must comply with Central Dist. LR 5-4.4. Central Dist. LR 7.20.
Submission of Proposed Orders
A continuance of the final pretrial conference will not be granted merely on the basis of a stipulation between the parties. If the court is satisfied that the parties are preparing the case diligently and that more time is required, the final pretrial conference may be continued on the submission of a timely, signed stipulation. The stipulation must set forth the reasons for the requested continuance and must explain what has been theretofore accomplished in preparing the case. The court will not grant a continuance of the final pretrial conference unless the stipulation was lodged before the date on which the final pretrial conference order must be lodged with the court. Counsel must inform the court immediately by telephone or "other expeditious means" if a stipulation is to be submitted for continuance of the final pretrial conference. Central Dist. LR 16-9 (amended eff 12/1/06). See also Central Dist. LR 40-1.1.
Written stipulations affecting the progress of the case shall be filed with the Court, be accompanied by a separate order as provided in Local Rule 52-4.1, and will not be effective until approved by the judge, except as authorized by statute or the F.R.Civ.P. Central Dist. LR 7-1 (amended eff 1/1/10).
Without the court's approval, parties may stipulate that depositions be taken before any person, at any time or place, upon any notice, and in any manner. Additionally parties may stipulate to modify other discovery procedures, except that stipulations extending the time provided in Rules 33, 34, and 36 for responses to discovery require court approval if they would interfere with any time set for completion of discovery, for hearing of a motion, or for trial. FRCP 29.
Parties may stipulate to dismiss an action pursuant to Rule 41 (a)(1)(ii) . The stipulation must be filed with the Court. FRCP 41 (a)(1)(ii) .
A stipulation extending the time to respond to the initial complaint shall be filed with the Clerk. If the stipulation, together with any prior stipulations, does not extend the time for more than a cumulative total of 30 days from the date the response initially would have been due, the stipulation need not be approved by the judge. Any such stipulation must have as its title “Stipulation to Extend Time to Respond to Initial Complaint By Not More than 30 days (L.R. 8-3)”. Directly beneath the title, the parties shall state when the Complaint was served, when a response currently is due, and when it will be due following the filing of the stipulation. This rule shall not apply to answers, replies or other responses to cross-claims, counterclaims, third-party complaints or any amended or supplemental pleadings. Central Dist. LR 8-3 (amended 2/16/09)
The parties must make "every effort" to stipulate to facts that the parties know or have reason to know there can be no dispute. A stipulation to the existence of a fact does not, unless expressly stated, stipulate to the admissibility of that fact. Central Dist. LR 16-2.2.
Counsel to the parties are required to create a written stipulation if they are unable to resolve their discovery differences. The stipulation must be filed and served with the notice of motion. Central Dist. LR 37-2 (amended eff 12/1/19).
Following the conference of counsel, counsel for the moving party must personally deliver, e-mail, or fax to counsel for the opposing party the moving party’s portion of the stipulation, together with all declarations and exhibits to be offered in support of the moving party’s position. Unless the parties agree otherwise, within seven (7) days of receipt of the moving party’s material, counsel for the opposing party must personally deliver, e-mail, or fax to counsel for the moving party the opposing party’s portion of the stipulation, together with all declarations and exhibits to be offered in support of the opposing party’s position. After the opposing party’s material is added to the stipulation by the moving party’s counsel, the stipulation must be provided to opposing counsel, who must sign it (electronically or otherwise) and return it to counsel for the moving party no later than the end of the next business day, so that it can be filed with the notice of motion. Central Dist. LR 37-2.2 (amended eff 12/1/19).
The stipulation must be one document signed by both parties, must contain all issues in dispute, and, as to each such issue, the contentions and points and authorities of each party. The stipulation may not refer to any other document. If the sufficiency of an answer to another document is at issue, the stipulation must quote, verbatim, both the original document and the allegedly insufficient answer. Each party must state how it proposed to resolve each dispute at the conference of counsel. The title page of the joint stipulation must include the date and time of the motion hearing, the discovery cut-off date, the pretrial conference date, and the trial date. Any scheduling order must be attached to the motion. Central Dist. LR 37-2.1 (amended eff 12/1/21).
The page limit established by Local Rule 11-6 does not apply to stipulations regarding discovery disputes. However, the stipulation should present the disputed issues as concisely as possible. If a stipulation is longer than ten (10) pages, excluding exhibits, it must be accompanied by a table of contents setting forth the headings and sub-headings used in the stipulation. A table of authorities need not be provided. Central Dist. LR 37-2.1 (amended eff 12/1/21).
A discovery motion without a joint stipulation must be accompanied by a declaration stating that opposing counsel failed to meet and confer, failed to provide its portion of the joint stipulation, or refused to sign the joint stipulation. Central Dist. LR 37-2.4 (amended eff 12/1/19).
A stipulation to continue a hearing date must provide the date by which opposition and reply papers must be filed with the court. Central Dist. LR 7-11 (amended eff 1/1/10).
See Central District of California SmartRules™ Guide: GENERAL RULES AND FORMATTING REQUIREMENTS.
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