Lodge | Practical Law

Lodge | Practical Law

Lodge

Lodge

Practical Law Glossary Item w-001-4519 (Approx. 3 pages)

Glossary

Lodge

A term used in California state-court litigation referring to the direct transmittal of documents to a judge for the judge's consideration, but not for filing in the official court record. Documents that counsel commonly lodge, but not file, with the court include proposed orders, proposed judgments, and appendices of other authorities (Cal. Rules of Court, rule 3.1113(m) (proposed orders and judgments); Cal. Rules of Court, rule 3.1113(i) (appendix of other authorities)).
Counsel should check the local court's rules and the judge's rules regarding the proper method for lodging documents. If lodging:
  • Electronically, the court may provide a specific email address where counsel should transmit lodged documents, and the lodging party should provide an electronic address to which the court may send a notice of deletion.
  • In paper format, courts typically require counsel to send the document by hand-delivery, mail, or overnight courier service. The lodging party also must provide a postage-paid, self-addressed return envelope so the court can return the document after consideration.
Lodging should be distinguished from the act of providing courtesy copies to a judge. Lodged documents are necessary for the court's full consideration of a motion or other application but are prohibited by rule or local practice from being filed with the clerk's office. Courtesy copies are simply additional copies of pleadings, motions, and other filed documents given to the judge after filing to save the judge's staff the time of making copies of those documents themselves.