Proof Of Service.

U.S. Bankruptcy Court for the Southern District of California

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Southern District of California

Rule: 9006-2

Jurisdiction: SDCAB

Bluebook Citation: Bankr. S.D. Cal. R. 9006-2

All Rules: Bankr. S.D. Cal. Local Bankruptcy Rules, complete index


Text

a) Filing. Proof of Service of all Documents served must be filed with the Clerk's office on the next court day following the date of service of the Documents and must indicate the date and manner of service by attaching or including: 5 Go to Table of Contents 1) written acknowledgment of service by the attorney or authorized Individual served; or 2) attorney's certificate or Declaration of the Individual who mailed or served the Documents. b) Validity of Service. The validity of the service is not affected by the failure to file the Proof of Service. c) Required Information. A Proof of Service of a Document must identify the following: 1) documents(s) served; 2) service date; 3) name of the Individual or Entity served and that Individual's or Entity's: A) mailing or street address if served by mail or hand delivery; B) email address if served electronically; or C) fax number if served by fax transmission; 4) name of the party if service was made on a party’s attorney; and 5) method of service (personal, hand delivery, first class mail, the System, or other delivery method with written consent). d) Written Consent to Electronic Service.

If service is made by electronic means, other than through the System, the Proof of Service must include a statement that the party being served consented to the particular method of service. Facsimile and email service require such consent. e) Service by the System. If service is made using the System, the party filing the Proof of Service may rely on the NEF to indicate that service was made, except as set forth in LBR 2002-1 where the Clerk will file the proof of service and LBR 5005-6 where service is made on parties who are not participants in the System. The NEF, however, is not a substitute for a Proof of Service. f) Professionals and Examiners are not served electronic notice by the CM/ECF System, even if they file electronically in the system.

1.10 Fees For electronic filings that require a fee, payment must be made online using an authorized credit card. The requisite fee must be paid by the end of the same day as the filing. If the fee goes unpaid for 48 hours, the Registered User will be locked out of CM/ECF until the fee is paid. For filings in paper at the front counter of the Clerk’s Office 6 Go to Table of Contents that require a fee, the filing fee tendered by or on behalf of the debtor must be in the form of a cashier's check, money order, Pay.gov Form, check, or credit card of the attorney for the debtor, or may be in cash (exact change only).

Personal checks of the debtor will not be accepted. The Clerk's office will not be responsible for cash sent through the mail. Any party submitting payment for filing fees which are returned or denied for insufficient funds will be required to pay an additional charge of $53.00. The Clerk, under a delegation of authority, may approve installment plans of two payments with the final payment due 30 days after the filing of the petition.

The application to pay filing fees in installments must substantially conform to Local Form CSD 1006. 1.11 Retention LBR 5005-8 governs retention.

Chat with this local rule using AI

Ask CiteLaw's AI Navigator anything about this local rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.