Filing a response

[TeacherMomma]

I am formatting my response to the USTs motion to dismiss, and I have all my information, this is more of a format question in case anyone here knows: he filed a declaration, and I have to respond to each of his points in a response declaration - do I format it like his, with my response numbered according to his number? For example, if he says :

1. XYZ debtor blah blah blah

then on my response I number it 1 and respond

1. We stipulate (or object, whatever) to blah blah blah


Lastly, would it be acceptable to say

We stipulate to the USTs statements contained in numbers 1-15, instead of typing them all out?

[justbroke]

I don't really see either way. I just wanted to say.. good for you to challenge the U.S. Trustee yourself (pro se)! Best wishes!

[TeacherMomma]

Thanks. But what do you mean you don't see either way? I have to respond to his statements, right? If so, then do I just format it how he did - numbered, and answer each statement on my response in a numbered format like he did?

And what are the fonts again? Someone here told me.....

[justbroke]

Thanks. But what do you mean you don't see either way? I have to respond to his statements, right? If so, then do I just format it how he did - numbered, and answer each statement on my response in a numbered format like he did?

And what are the fonts again? Someone here told me.....

Umm, you'll have to see the Style Guide for your District.

It's usually a local rule under 5005-3. I looked up CASB (California Southern District), and it appears it's just simple...

5005-3. FORM, PAPER, LEGIBILITY.
Only plain paper (no thermal paper) facsimile machines may be used. All documents shall be on size 8-1/2" x 11" bond. All copies shall be clear, clean and legible, and comply with Local Bankruptcy Rule 9004.

9004-3. PAPERS PRESENTED TO THE COURT - FORM AND FORMAT.
(a) LEGIBILITY. All papers shall be typewritten or hand-printed or prepared by a photocopying or other duplicating process that will produce clear and permanent copies equally legible to printing, in black or dark blue ink. The typeface shall be no smaller than pica size, with not more than ten (10) typed characters per inch.

(b) SIGNATURES. All original papers shall be signed by the individual attorney for the party presenting them, or by the unrepresented party. The name of the person signing the paper shall be typed underneath the signature. Copies shall be conformed to the original.

(c) PAPER SIZE. The original of all papers shall be submitted on opaque, unglazed, white paper of standard quality not less than 13-pound weight. The paper shall be 8-1/2 by 11 inches with not more than twenty-eight (28) lines per page. Pre-printed forms provided by the clerk must be reproduced "heel-to-toe" so that they may be easily read without removal from the file; otherwise, only one side of the paper will be used. Papers shall be double-spaced except for the identification of counsel, title of the action, category headings, footnotes, quotations, exhibits and descriptions of real property. Quotations from cited cases or other authorities shall be clearly indented not less than five (5) spaces or more than twenty (20) spaces and may be single-spaced.

continued... CASB Local Rules (PDF)

[TeacherMomma]

I know I had the stylke guide at some point and I SWEAR I read about fonts! Thanks for the info.

[2manybills]

Yes Teacher Momma. Central District of California requires that when you are responding to anything that you have to state the question first. Even when we respond to discovery, it is the same.

We usually will do it like:

QUESTION NO. 1



RESPONSE TO QUESTION NO. 1

Or interrogatory, etc. etc.

If you need any help with formatting, you know where to find me.

[aces67]

The one our lawyer did for us addressed each number individually. So the UST had 10 different items listed and our response addressed each one individually.