Blank California Cv 71 PDF Form

Blank California Cv 71 PDF Form

The California CV-71 form, known as the Civil Cover Sheet, is a crucial document required by the United States District Court for initiating civil cases in the Central District of California. This form collects essential information about the parties involved, the basis of jurisdiction, and the nature of the suit, helping the court manage cases effectively. To ensure a smooth filing process, it is important to fill out the CV-71 accurately; start by clicking the button below.

The California CV 71 form serves as a crucial document for initiating civil cases in the United States District Court for the Central District of California. This Civil Cover Sheet is designed to provide essential information about the parties involved, the basis of jurisdiction, and the nature of the suit. It includes sections for identifying plaintiffs and defendants, detailing their citizenship, and specifying the legal grounds for the case. Users must indicate whether the case is original or has been removed from another court, as well as whether it involves a jury demand or class action. The form also requires a brief statement of the cause of action and the relevant U.S. civil statute. Additionally, it prompts users to disclose any related cases and to specify the venue where the claims arose. Completing the CV 71 form accurately is vital for ensuring proper case management and statistical tracking by the court.

Document Sample

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA CIVIL COVER SHEET

I. (a) PLAINTIFFS ( Check box if you are representing yourself )

DEFENDANTS ( Check box if you are representing yourself )

(b)Attorneys (Firm Name, Address and Telephone Number. If you are representing yourself, provide same.)

(b)Attorneys (Firm Name, Address and Telephone Number. If you are representing yourself, provide same.)

II. BASIS OF JURISDICTION (Place an X in one box only.)

III. CITIZENSHIP OF PRINCIPAL PARTIES-For Diversity Cases Only

 

 

 

 

 

 

 

(Place an X in one box for plaintiff and one for defendant)

 

 

 

 

1. U.S. Government

3. Federal Question (U.S.

 

PTF

DEF

Incorporated or Principal Place

PTF

 

DEF

Citizen of This State

1

1

 

4

4

 

 

 

 

of Business in this State

 

Plaintiff

Government Not a Party)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Citizen of Another State

2

2

Incorporated and Principal Place

 

5

5

 

 

 

 

 

 

 

of Business in Another State

 

2. U.S. Government

4. Diversity (Indicate Citizenship

Citizen or Subject of a

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Defendant

3

3

Foreign Nation

 

6

6

of Parties in Item III)

 

Foreign Country

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IV. ORIGIN (Place an X in one box only.)

 

 

 

5. Transferred from Another

6. Multi-

 

 

 

 

1. Original

2. Removed from

3. Remanded from

4. Reinstated or

District (Specify)

 

District

 

 

 

 

 

 

 

Litigation

 

 

 

 

 

State Court

Appellate Court

Reopened

 

 

 

 

 

 

 

Proceeding

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

V. REQUESTED IN COMPLAINT: JURY DEMAND:

Yes

No (Check "Yes" only if demanded in complaint.)

 

 

 

 

CLASS ACTION under F.R.Cv.P. 23:

Yes

No

MONEY DEMANDED IN COMPLAINT: $

 

 

 

 

 

 

 

 

 

 

VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.)

VII. NATURE OF SUIT (Place an X in one box only).

OTHER STATUTES

CONTRACT

REAL PROPERTY CONT.

IMMIGRATION

PRISONER PETITIONS

PROPERTY RIGHTS

375 False Claims Act

110 Insurance

240 Torts to Land

462 Naturalization

Habeas Corpus:

820 Copyrights

 

 

245 Tort Product

Application

463 Alien Detainee

 

400 State

120 Marine

 

 

830 Patent

Liability

465 Other

510 Motions to Vacate

Reapportionment

 

 

 

Immigration Actions

Sentence

840 Trademark

410 Antitrust

130 Miller Act

290 All Other Real

 

530 General

 

430 Banks and Banking

140 Negotiable

Property

TORTS

SOCIAL SECURITY

 

TORTS

 

535 Death Penalty

861 HIA (1395ff)

Instrument

PERSONAL PROPERTY

450 Commerce/ICC

150 Recovery of

PERSONAL INJURY

370 Other Fraud

Other:

862 Black Lung (923)

Rates/Etc.

310 Airplane

540 Mandamus/Other

Overpayment &

 

371 Truth in Lending

 

460 Deportation

Enforcement of

315 Airplane

550 Civil Rights

863 DIWC/DIWW (405 (g))

 

Judgment

 

 

470 Racketeer Influ-

Product Liability

380 Other Personal

 

864 SSID Title XVI

 

555 Prison Condition

 

 

enced & Corrupt Org.

151 Medicare Act

320 Assault, Libel &

Property Damage

560 Civil Detainee

865 RSI (405 (g))

480 Consumer Credit

 

Slander

385 Property Damage

152 Recovery of

330 Fed. Employers'

Conditions of

 

 

Defaulted Student

Product Liability

Confinement

FEDERAL TAX SUITS

 

Liability

490 Cable/Sat TV

 

Loan (Excl. Vet.)

BANKRUPTCY

FORFEITURE/PENALTY

870 Taxes (U.S. Plaintiff or

 

 

340 Marine

850 Securities/Com-

153 Recovery of

422 Appeal 28

625 Drug Related

Defendant)

345 Marine Product

modities/Exchange

USC 158

 

Overpayment of

Seizure of Property 21

871 IRS-Third Party 26 USC

 

Liability

423 Withdrawal 28

890 Other Statutory

Vet. Benefits

USC 881

7609

 

Actions

160 Stockholders'

350 Motor Vehicle

USC 157

 

 

CIVIL RIGHTS

690 Other

 

 

355 Motor Vehicle

 

891 Agricultural Acts

Suits

 

440 Other Civil Rights

 

 

 

Product Liability

 

 

893 Environmental

190 Other

 

LABOR

 

360 Other Personal

441 Voting

 

Matters

Contract

710 Fair Labor Standards

 

Injury

 

 

 

 

895 Freedom of Info.

 

 

Act

 

195 Contract

362 Personal Injury-

442 Employment

 

Act

720 Labor/Mgmt.

 

Product Liability

Med Malpratice

 

 

896 Arbitration

196 Franchise

365 Personal Injury-

443 Housing/

Relations

 

Accomodations

 

 

 

Product Liability

740 Railway Labor Act

 

899 Admin. Procedures

REAL PROPERTY

445 American with

 

367 Health Care/

 

 

210 Land

751 Family and Medical

 

Disabilities-

 

Act/Review of Appeal of

Pharmaceutical

 

Condemnation

Employment

Leave Act

 

Agency Decision

Personal Injury

 

790 Other Labor

 

 

220 Foreclosure

Product Liability

446 American with

 

 

Litigation

 

950 Constitutionality of

230 Rent Lease &

368 Asbestos

Disabilities-Other

 

 

791 Employee Ret. Inc.

 

State Statutes

Personal Injury

448 Education

 

Ejectment

Security Act

 

 

Product Liability

 

 

FOR OFFICE USE ONLY: Case Number:

AFTER COMPLETING PAGE 1 OF FORM CV-71, COMPLETE THE INFORMATION REQUESTED ON PAGE 2.

CV-71 (02/13)

CIVIL COVER SHEET

Page 1 of 2

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA

CIVIL COVER SHEET

VIII(a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed?

NO

YES

If yes, list case number(s):

 

 

 

 

 

 

 

 

VIII(b). RELATED CASES: Have any cases been previously filed in this court that are related to the present case?

NO

YES

If yes, list case number(s):

Civil cases are deemed related if a previously filed case and the present case:

(Check all boxes that apply)

A. Arise from the same or closely related transactions, happenings, or events; or

 

 

B. Call for determination of the same or substantially related or similar questions of law and fact; or

 

C. For other reasons would entail substantial duplication of labor if heard by different judges; or

 

D. Involve the same patent, trademark or copyright, and one of the factors identified above in a, b or c also is present.

IX. VENUE: (When completing the following information, use an additional sheet if necessary.)

(a)List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named plaintiff resides.

Check here if the government, its agencies or employees is a named plaintiff. If this box is checked, go to item (b).

County in this District:*

California County outside of this District; State, if other than California; or Foreign Country

(b)List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named defendant resides.

Check here if the government, its agencies or employees is a named defendant. If this box is checked, go to item (c).

County in this District:*

California County outside of this District; State, if other than California; or Foreign Country

(c)List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH claim arose.

NOTE: In land condemnation cases, use the location of the tract of land involved.

County in this District:*

California County outside of this District; State, if other than California; or Foreign Country

*Los Angeles, Orange, San Bernardino, Riverside, Ventura, Santa Barbara, or San Luis Obispo Counties

Note: In land condemnation cases, use the location of the tract of land involved

X. SIGNATURE OF ATTORNEY (OR SELF-REPRESENTED LITIGANT):

 

DATE:

Notice to Counsel/Parties: The CV-71 (JS-44) Civil Cover Sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law. This form, approved by the Judicial Conference of the United States in September 1974, is required pursuant to Local Rule 3-1 is not filed but is used by the Clerk of the Court for the purpose of statistics, venue and initiating the civil docket sheet. (For more detailed instructions, see separate instructions sheet).

Key to Statistical codes relating to Social Security Cases:

Nature of Suit Code

Abbreviation

861

HIA

862

BL

863

DIWC

863

DIWW

864

SSID

865

RSI

Substantive Statement of Cause of Action

All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended. Also, include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the program. (42 U.S.C. 1935FF(b))

All claims for "Black Lung" benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969. (30 U.S.C. 923)

All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as amended; plus all claims filed for child's insurance benefits based on disability. (42 U.S.C. 405 (g))

All claims filed for widows or widowers insurance benefits based on disability under Title 2 of the Social Security Act, as amended. (42 U.S.C. 405 (g))

All claims for supplemental security income payments based upon disability filed under Title 16 of the Social Security Act, as amended.

All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act, as amended. (42 U.S.C. 405 (g))

CV-71 (02/13)

CIVIL COVER SHEET

Page 2 of 2

File Specifics

Fact Name Details
Governing Law The CV-71 form is governed by the Local Rules of the United States District Court for the Central District of California.
Purpose This form serves to provide essential information about a civil case to the court.
Filing Requirement The CV-71 form must be filed with the initial complaint in civil cases.
Jurisdiction Basis Users must indicate the basis of jurisdiction, such as federal question or diversity of citizenship.
Nature of Suit The form requires selection of the nature of the suit from a predefined list, which includes various categories.
Identification of Parties It includes sections for identifying both plaintiffs and defendants, including their attorneys if applicable.
Statistical Codes The form contains statistical codes that assist in categorizing cases for reporting purposes.
Signature Requirement A signature from the attorney or self-represented litigant is required to validate the form.

How to Use California Cv 71

Filling out the California CV-71 form is an essential step in initiating a civil case in the Central District of California. After completing this form, you will be ready to file your case with the court. It's important to provide accurate information to avoid any delays in processing your case.

  1. Begin by identifying yourself as the plaintiff or defendant. Check the appropriate box if you are representing yourself.
  2. In the section for attorneys, fill in the firm name, address, and telephone number if applicable. If you are representing yourself, provide the same information.
  3. Move to the "Basis of Jurisdiction" section and place an X in one box that applies to your case.
  4. If your case involves diversity, complete the "Citizenship of Principal Parties" section by marking an X in the appropriate boxes for both the plaintiff and defendant.
  5. Next, indicate the "Origin" of your case by placing an X in one of the boxes provided.
  6. In the "Requested in Complaint" section, check "Yes" or "No" for a jury demand. If applicable, enter the amount of money demanded in the complaint.
  7. For the "Cause of Action," cite the U.S. Civil Statute under which you are filing and provide a brief statement of your cause.
  8. In the "Nature of Suit" section, place an X in one box that best describes your case.
  9. If your case has been previously filed, answer the question in section VIII(a) and provide any case numbers if applicable.
  10. In section IX, list the counties where each named plaintiff and defendant resides, including any additional necessary information.
  11. Finally, sign and date the form in section X, confirming that all information provided is accurate.

Your Questions, Answered

What is the California CV-71 form?

The California CV-71 form, also known as the Civil Cover Sheet, is a document required by the United States District Court for the Central District of California. It serves as an overview of the civil case being filed, providing essential information such as the names of the plaintiffs and defendants, the basis for jurisdiction, and details about the nature of the suit. This form helps the court organize and manage cases efficiently.

Who needs to fill out the CV-71 form?

Any individual or attorney filing a civil case in the Central District of California must complete the CV-71 form. If you are representing yourself, you can check the appropriate box indicating self-representation. This form is crucial for the court to track cases and ensure that all necessary information is provided from the outset.

What information is required on the CV-71 form?

The CV-71 form requires several key pieces of information, including:

  1. Names and contact details of the plaintiffs and defendants.
  2. Basis of jurisdiction (e.g., federal question, diversity).
  3. Citizenship of the principal parties, especially for diversity cases.
  4. Origin of the case (original filing, removal from state court, etc.).
  5. Nature of the suit, including the specific cause of action.
  6. Information on any related cases.

Completing these sections accurately helps the court understand the context of your case.

What is the significance of the jurisdiction section?

The jurisdiction section of the CV-71 form is critical because it determines the legal authority under which your case is filed. You must indicate whether your case is based on federal law, diversity of citizenship, or another jurisdictional basis. This information helps the court decide whether it has the power to hear your case.

How do I indicate if my case is a class action?

If your case is a class action, you should check the appropriate box on the CV-71 form. Class actions involve a group of people with similar claims against a defendant. By marking this section, you inform the court that the case may involve multiple plaintiffs, which can affect how the case is managed and processed.

What should I do if my case has been previously filed?

If your case has been previously filed in the court and was dismissed, remanded, or closed, you must indicate this on the CV-71 form. There is a specific section where you can list any prior case numbers. This helps the court avoid duplication and ensures that related cases are handled appropriately.

Is the CV-71 form filed with the court?

The CV-71 form is not filed as part of the official case documents. Instead, it is used by the Clerk of the Court for statistical purposes and to organize the civil docket. While it is an essential part of the filing process, it does not replace the need to file other pleadings and documents required by law.

Common mistakes

  1. Failing to check the appropriate representation box: Individuals often forget to indicate whether they are representing themselves or are being represented by an attorney. This oversight can lead to confusion about who is responsible for the case.

  2. Incorrectly filling out the basis of jurisdiction: Many people do not place an "X" in the correct jurisdiction box. This can affect how the case is processed and may delay proceedings.

  3. Not providing complete citizenship information: In diversity cases, it is crucial to accurately indicate the citizenship of both the plaintiff and the defendant. Omitting this information can result in complications regarding the court's jurisdiction.

  4. Neglecting to specify the nature of the suit: Some individuals fail to place an "X" in the appropriate box for the nature of the suit. This detail is essential for categorizing the case correctly within the court system.

  5. Omitting requested relief information: People sometimes forget to specify the money demanded in the complaint. This information is critical for the court to understand the stakes involved in the case.

  6. Not checking for identical or related cases: Failing to indicate whether there are any identical or related cases can lead to procedural issues. It is important to provide this information to avoid duplication of efforts.

  7. Inaccurate venue information: Listing incorrect counties or failing to provide necessary details about the venue can complicate the case. It is essential to ensure that all venue information is accurate and complete.

Documents used along the form

When filing a civil case in California, the CV-71 form is just one piece of the puzzle. Several other forms and documents often accompany it, each serving a specific purpose in the legal process. Understanding these documents can help ensure that your filing is complete and accurate, minimizing delays in your case.

  • Summons (Form CIV-100): This document notifies the defendant that a lawsuit has been filed against them. It provides essential information, including the name of the court, the parties involved, and instructions on how the defendant should respond.
  • Complaint: This is the formal legal document that outlines the plaintiff's case against the defendant. It includes the facts of the case, the legal basis for the lawsuit, and the relief sought by the plaintiff.
  • Proof of Service: This document confirms that the defendant has been properly served with the summons and complaint. It is crucial for establishing that the court has jurisdiction over the defendant.
  • Case Management Statement (Form CM-110): This form is used to provide the court with information about the case and to propose a schedule for the proceedings. It helps the court manage the case effectively and ensures all parties are on the same page regarding deadlines.
  • Notice of Related Case: If there are any related cases that may affect the current lawsuit, this document must be filed. It helps the court identify cases that involve similar issues or parties, which can streamline the legal process.

Filing these documents alongside the CV-71 form is essential for a smooth legal process. Each form plays a vital role in ensuring that all parties are informed and that the court can proceed effectively. Be diligent in preparing and submitting these forms to avoid unnecessary complications in your case.

Similar forms

The California CV-71 form, known as the Civil Cover Sheet, shares similarities with the Federal Civil Cover Sheet used in U.S. District Courts. Both documents serve as a preliminary filing requirement that provides essential information about a civil case. They include sections for identifying parties, jurisdiction, and the nature of the suit. This commonality helps streamline the administrative process and ensures that the court has the necessary details to manage the case efficiently. Both forms are crucial for statistical tracking and case management within the federal court system.

Another document that resembles the CV-71 is the Notice of Removal form. This form is used when a defendant seeks to transfer a case from state court to federal court. Like the CV-71, it requires information about the parties involved, the basis for federal jurisdiction, and the nature of the claims. The Notice of Removal ensures that all relevant details are provided to the federal court, similar to how the CV-71 prepares the court for a new civil action. Both documents aim to facilitate a smooth transition into the federal judicial system.

The Case Information Statement (CIS) used in various state courts also bears resemblance to the CV-71 form. The CIS collects information about the case, including parties, attorneys, and the nature of the dispute. This document, like the CV-71, is designed to assist the court in understanding the basic elements of the case at the outset. Both forms serve as tools for case management, helping judges and clerks to organize and prioritize their dockets effectively.

The Complaint form, which initiates a civil lawsuit, is another document that shares characteristics with the CV-71. While the Complaint details the allegations and claims against the defendant, it also includes essential information about the parties involved and the basis for the court's jurisdiction. Both documents work in tandem; the CV-71 provides a snapshot of the case, while the Complaint elaborates on the specifics of the dispute. Together, they lay the groundwork for the litigation process.

Lastly, the Scheduling Order, which outlines deadlines and procedures for a case, is similar in its purpose to the CV-71 form. While the CV-71 is completed at the beginning of a case, the Scheduling Order is typically issued after the initial filings. Both documents aim to facilitate court efficiency and ensure that all parties are aware of their obligations. They provide a framework for how the case will proceed, emphasizing the importance of organization in the judicial process.

Dos and Don'ts

When filling out the California CV 71 form, keep the following points in mind:

  • Do: Ensure all sections are completed accurately. Missing information can delay processing.
  • Do: Use clear and legible handwriting or type your responses. This helps prevent misunderstandings.
  • Do: Check the appropriate boxes for jurisdiction and nature of suit. This is crucial for proper categorization.
  • Do: Provide complete addresses for all parties involved. This ensures that all documents reach the correct individuals.
  • Do: Review the form for errors before submission. Double-checking can save time and effort later.
  • Don't: Leave any sections blank. Incomplete forms may be rejected or delayed.
  • Don't: Use legal jargon or complex language. Keep your statements straightforward and clear.
  • Don't: Forget to sign and date the form. An unsigned form is not valid.
  • Don't: Submit the form without a copy for your records. Keeping a copy is essential for future reference.
  • Don't: Ignore the instructions provided with the form. They contain important guidelines for successful completion.

Misconceptions

Understanding the California CV-71 form is crucial for anyone involved in civil litigation. However, several misconceptions can lead to confusion. Here are seven common misunderstandings:

  • It is not necessary to complete the form if you have an attorney. Many believe that only self-represented litigants need to fill out the CV-71. In fact, attorneys must also complete this form for all civil cases.
  • The CV-71 form is optional. Some think this form is optional, but it is required for initiating civil cases in the Central District of California.
  • You can skip sections if they do not apply. Many assume that they can leave sections blank. However, it’s important to fill out every applicable section to avoid delays in processing your case.
  • Only federal cases require the CV-71 form. This form is specifically for federal court cases, but it is essential for any civil case filed in the Central District of California, regardless of the nature of the case.
  • The form is only for certain types of cases. Some people think the CV-71 is only for specific types of civil cases. It actually covers a wide range of civil actions, including those related to contracts, torts, and civil rights.
  • It does not affect the timeline of your case. Failing to complete the CV-71 accurately can delay your case. The court relies on this form for processing and statistical purposes.
  • Submitting the form is the last step in filing a case. Some believe that once they submit the CV-71, their case is filed. In reality, this form is just one part of the overall filing process.

Be sure to address these misconceptions when preparing to file your case. Accurate completion of the CV-71 form is essential for a smooth legal process.

Key takeaways

When filling out the California CV-71 form, there are several important points to keep in mind. Here are some key takeaways:

  • Ensure that you check the appropriate box if you are representing yourself as either the plaintiff or defendant.
  • Provide complete contact information for your attorney or yourself, including firm name, address, and phone number.
  • Indicate the basis of jurisdiction by marking only one box that fits your case.
  • For diversity cases, accurately fill out the citizenship information for both the plaintiff and defendant.
  • Mark the origin of the case by selecting the appropriate box that describes how the case was initiated.
  • Clearly state whether a jury demand is made in the complaint.
  • Specify if the case is a class action under Federal Rule of Civil Procedure 23.
  • Provide the amount of money demanded in the complaint, if applicable.
  • In the cause of action section, cite the U.S. Civil Statute relevant to your case.
  • Make sure to complete the second page of the form after finishing the first page.

Completing the CV-71 form accurately is crucial for the proper processing of your case. Take your time to ensure all information is correct and complete.