Federal Court Motion Filing Checklist

Federal Court Motion Filing Checklist

Court: United States District Court for the [________________________________]

Case Number: [________________________________]

Case Caption: [________________________________] v. [________________________________]

Motion Type: [________________________________]

Filing Attorney: [________________________________]

Date Prepared: [__/__/____]

I. Pre-Filing Requirements

Meet and Confer Requirement

☐ Local rules reviewed for meet-and-confer requirements
☐ Opposing counsel contacted: [__/__/____]
☐ Good faith effort to resolve dispute documented
☐ Meet-and-confer certification prepared
☐ Opposing party's position on motion: [________________________________]

Court Permission Required

☐ Motion type requires leave of court: ☐ Yes ☐ No
☐ If yes, motion for leave prepared
☐ Good cause statement included

Scheduling Considerations

☐ Briefing schedule reviewed (local rules)
☐ Any court-ordered deadlines checked
☐ Motion does not conflict with pending matters

II. Motion Document Requirements

Caption and Format (FRCP 7, 10)

☐ Full court name in caption
☐ Case number included
☐ All party names listed
☐ Motion title clearly states relief sought
☐ Numbered paragraphs
☐ Proper font size (typically 12-point)
☐ Proper margins (typically 1-inch)
☐ Proper line spacing (per local rules)
☐ Page numbers included

Motion Content Requirements (FRCP 7(b))

☐ Motion states grounds for relief sought
☐ Relief requested clearly stated
☐ Legal basis for motion identified
☐ Relevant facts set forth

Signature Block (FRCP 11)

☐ Attorney signature ("/s/ [Name]")
☐ Bar admission number
☐ Firm name
☐ Address
☐ Telephone number
☐ Email address
☐ FRCP 11 certification understood

III. Supporting Memorandum of Law

Memorandum Requirements

☐ Separate memorandum required by local rules: ☐ Yes ☐ No
☐ Page limit: [____] pages (check local rules)
☐ Word limit: [____] words (if applicable)

Memorandum Content

☐ Introduction/Summary of Argument
☐ Statement of Facts (with record citations)
☐ Legal Standard
☐ Argument
☐ Each argument clearly labeled
☐ Legal citations in proper format
☐ Record citations for factual assertions
☐ Conclusion with specific relief requested
☐ Signature block

Table Requirements (for longer briefs)

☐ Table of Contents (if required)
☐ Table of Authorities (if required)

IV. Declarations and Affidavits

Declaration Requirements

☐ Declarant identified with full name
☐ Capacity/basis for knowledge stated
☐ Sworn under penalty of perjury (28 U.S.C. § 1746)
☐ Personal knowledge requirement met
☐ Date included
☐ Signature included

Affidavit Requirements (if used instead of declaration)

☐ Notarized signature
☐ Jurat completed by notary
☐ Notary seal affixed

Attorney Declarations

☐ Facts requiring attorney declaration identified
☐ Attorney declaration prepared for procedural matters
☐ Client declaration prepared for substantive facts

V. Exhibits

Exhibit Preparation

☐ Each exhibit numbered or lettered
☐ Exhibit list prepared
☐ Exhibits properly authenticated (declaration reference)
☐ Exhibits attached to supporting declaration

Document Formatting

☐ Clear, legible copies
☐ Relevant portions highlighted or flagged
☐ Bates numbers (if applicable)
☐ No privileged material included
☐ Confidential material properly designated

Large Exhibit Considerations

☐ File size within CM/ECF limits
☐ Exhibits split if necessary
☐ Appendix prepared if required

VI. Proposed Order

Proposed Order Requirements

☐ Required by local rules: ☐ Yes ☐ No
☐ If required:
☐ Separate document prepared
☐ Caption included
☐ Recitals stating motion and basis
☐ Ordering paragraphs with specific relief
☐ Signature line for judge
☐ Word format (.doc or .docx) if required

VII. Notice of Motion and Hearing

Notice Requirements

☐ Local rules require notice of motion: ☐ Yes ☐ No
☐ Hearing date obtained from court: [__/__/____]
☐ Notice of hearing included
☐ Time and location of hearing stated

Motions Decided on Papers

☐ District allows decision on papers: ☐ Yes ☐ No
☐ Request for decision on papers included (if applicable)
☐ Oral argument requested: ☐ Yes ☐ No

VIII. CM/ECF Electronic Filing

Filing Requirements

☐ Active CM/ECF credentials
☐ All documents in PDF format
☐ Text-searchable PDFs
☐ Proper docket event selected
☐ All related documents linked

Document Order

☐ Motion filed first (main document)
☐ Memorandum as attachment or separate filing
☐ Declarations attached
☐ Exhibits attached
☐ Proposed order uploaded (if required)

E-Filing Deadlines

☐ Filing deadline: [__/__/____]
☐ Documents filed by 11:59 PM local time (court location)

IX. Service Requirements

Certificate of Service

☐ Certificate of service completed
☐ All parties listed
☐ Method of service stated
☐ Date of service included
☐ Signed by attorney

Service Methods (FRCP 5(b))

☐ CM/ECF electronic service (automatic for registered users)
☐ Email (with consent)
☐ Mail (add 3 days to response time)
☐ Personal delivery

X. Briefing Schedule

Opposition/Response Deadline

☐ Standard: 14 days after service (local rules may vary)
☐ Calculated opposition deadline: [__/__/____]
☐ Extensions requested: ☐ Yes ☐ No

Reply Deadline

☐ Standard: 7 days after opposition (local rules may vary)
☐ Calculated reply deadline: [__/__/____]
☐ Reply calendared

XI. Common Motion Types - Special Requirements

Motion to Dismiss (FRCP 12)

☐ Specific Rule 12(b) ground(s) identified
☐ Attached relevant portions of complaint
☐ No matters outside pleadings (or convert to summary judgment)

Motion for Summary Judgment (FRCP 56)

☐ Filed after discovery or within 30 days of close
☐ Statement of undisputed material facts (if required)
☐ Supporting evidence attached
☐ Legal standard (no genuine dispute of material fact)

Discovery Motions

☐ Meet-and-confer completed
☐ Discovery dispute certification
☐ Relevant discovery requests attached
☐ Relevant responses attached

Motion to Compel

☐ Specific discovery at issue identified
☐ Deficient responses quoted
☐ Good cause shown

Motion for Extension of Time

☐ Original deadline stated
☐ Good cause explained
☐ Proposed new deadline stated
☐ Other parties' position stated

XII. Local Rule Compliance Checklist

District: [________________________________]

☐ Page/word limits verified
☐ Font requirements verified
☐ Margin requirements verified
☐ Cover page requirements (if any)
☐ ECF filing conventions followed
☐ Judge-specific procedures reviewed
☐ Meet-and-confer requirements satisfied
☐ Certificate of compliance attached (if required)

XIII. Quality Control

Final Review

☐ All documents proofread
☐ Citations verified
☐ Record cites accurate
☐ Exhibits match references
☐ Page/word limits complied with
☐ All signatures in place
☐ Filing deadline confirmed
☐ Service list complete

XIV. Document Tracking Log

Sources and References

• Federal Rules of Civil Procedure: https://www.uscourts.gov/rules-policies/current-rules-practice-procedure
• CM/ECF Information: https://www.uscourts.gov/court-records/electronic-filing-cm-ecf
• Local Court Rules: [Check specific district website]

Prepared by: [________________________________]

Date: [__/__/____]

Supervising Attorney (if applicable): [________________________________]