PROOF OF SERVICE
U.S. Bankruptcy Court for the Central District of California
U.S. Bankruptcy Court for the Central District of California
(a) Duty to Serve Documents. Whenever in these rules the duty to serve a document is indicated by terms such as “must serve”, “must be served”, “need be served”, “must contain proof of service”, “give written notice”, or similar term, a party’s duty to serve a document may be accomplished via NEF if the recipient is a registered CM/ECF User. Exceptions are indicated in LBR 2002-2(a)(3) for the United States trustee and in LBR 9036-1. (b) Mandatory Court Form.
Proof of service must be made by executing court- mandated form F 9013-3.1.PROOF.SERVICE, providing the exact title of the document being served, the methods of service for each person or entity served, the date upon which the proof of service was executed, and the signature of the person who 131 LBR 9013-3 (c) (d) performed the service and identified appropriate persons who will be served via NEF by the court’s CM/ECF electronic transmission program. Attach to Document to be Filed. The proof of service must be attached as the last page of the document to be filed. If a supplemental proof of service is required, the supplemental proof of service must contain a complete caption page formatted in accordance with the instructions set forth in The Central Guide.
Explicitly Indicate the Method of Service and How Person or Entity is Related to the Case. When preparing a proof of service, it must be explicitly indicated how each person who is listed on the proof of service is related to the case or adversary proceeding. (1) Designation of Relation to Case. Examples of how a person or entity is related to a case include but are not limited to: debtor, trustee, designated creditor, attorney for designated party, agent for service of process, judge, United States trustee, etc. (2) Methods of Service.
The following methods of service are available: (A) Service via Notice of Electronic Filing. List email addresses of CM/ECF Users who are related to the motion or other proceeding described in the document being filed, and who will be served via NEF. Explicitly indicate how each person or entity is related to the case. For example: ATTORNEY FOR TRUSTEE: Harold Smith, [email protected] ATTORNEY FOR DEBTOR: Harold Jones, [email protected] UNITED STATES TRUSTEE: [email protected] TRUSTEE: Mary Wilson, [email protected] (B) Service by U.S. Mail.
List the exact street address of each person or entity served, and if the service was by certified mail, so indicate. Explicitly indicate how each person or entity is related to the case. For example: CREDITOR: Neighborhood Equipment Rental Attn: Officer or Managing/General Agent 2531 15th Street, Anytown, CA 54321 National Bank of ABC Attention: President 456 Service Street, Suite 100, Anytown, CA 99991 Via Certified Mail 132 LBR 9013-3 DEBTOR Jane Doe 123 Western Avenue, #8, Anytown, CA 54321 AGENT FOR SERVICE OF PROCESS: John Agent 456 Service Street, Suite 100, Anytown, CA 54321 (C) Service by Overnight Mail. List the exact street address of the person or entity served, and identify the company performing the overnight mail service.
Explicitly indicate how each person or entity is related to the case. or example: PRESIDING JUDGE’S COPY Bankruptcy Judge Joan Williams Courthouse, Suite 987 231 Courthouse Lane, Anytown, CA 91234 Via overnight mail with Fedex Tracking number: 1234567 (D) Service by Email. List the email address of the person or entity who has consented to service by email. Explicitly indicate how each person or entity is related to the case. For example: ATTORNEY FOR DEBTOR’S PRINCIPALS George Block [email protected] (E) Service by Facsimile.
List the telephone number of the party who has consented to serve by facsimile. A document exceeding a total of 15 pages must not be served by facsimile unless expressly authorized by the party receiving the transmission or by court order. Explicitly indicate how each person or entity is related to the case. For example: ATTORNEY FOR DEBTOR’S PRINCIPALS George Block, (800) 999-9999 (F) Personal Service.
List the date and exact address at which the party was served. Explicitly indicate how each person or entity is related to the case. For example: PRESIDING JUDGE’S COPY - Delivered 1/4/14 Bankruptcy Judge Walter Williams Courthouse, Suite 987 231 Courthouse Lane, Anytown, CA 91234 133 LBR 9013-4
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