Modified 12/1/03
RULE 9013-3 CERTIFICATE OF SERVICE - MOTIONS; NOTICE OF HEARING
(a) Service of Motions. In all instances not otherwise covered by the Federal Rules of Bankruptcy Procedure or these local rules, all motions filed with the Court shall be served on the following parties:
(1) the local office of the U.S. Trustee, with the exception of motions for relief
from stay in Chapter 7 cases and all motions filed in Chapter 13 cases;(2) any case trustee;
(3) any other party affected by the motion or having requested notice in the
case (see Clerk's office service list); and(4) the Debtor's attorney or debtor, if pro se.
(b) Contents of Certificate of Service. The Certificate of Service shall reflect how and when service was made and shall include the names and addresses of all persons served and the name and address of the person certifying such service.
(c) Filing and Service of Certificate of Service.
(1) Conventional Filings. When a certificate of service is required, it shall be filed with the Clerk contemporaneous with the motion or other paper, if the document is filed conventionally. Failure to timely file the certificate of service with the Clerk will result in the motion or other paper being treated as a defective filing, and a notice to correct the deficiency will be given.
(2) Electronic Filings. Where a certificate of service is required, and the document is filed electronically, the certificate of service must be filed within two (2) business days of the filing of the motion or other paper. Failure to timely file the
certificate of service with the Clerk will result in the automatic denial of the motion/application or striking of the objection/response, as applicable.
(d) Notice of Hearing. Upon receipt of a hearing notice from the Court with instructions to serve other parties, counsel (or a pro se party) shall forthwith, and within any applicable notice deadlines contained in the Federal Rules of Bankruptcy Procedures, these local rules or established by the Court, serve said erk in the manner provided for in subdivision (a).
©1998 US Bankruptcy
Court
District of Rhode Island