RULE 9013-3 CERTIFICATE OF SERVICE - MOTIONS; NOTICE OF HEARING [Modified 1/28/13]
(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.
(1) 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.
(2) when any pleading, motion, other document or notice is required to be served on creditors and/or parties in interest, the party effectuating such service shall:
(A) serve such parties and/or creditors at the addresses listed on the most recent "Mailing Labels by Case" report1 available on the Court's ECF system [located under Utilities>Mailings] (the "ECF List") as of the date service will be made; and
(B) attach to the certificate of service filed with the Court a copy of the ECF List used to effectuate service. If the ECF List contains multiple addresses for a single creditor or party in interest, service shall be made on all such addresses listed unless counsel is aware that a particular address is ineffective. If counsel has received notice that an address on the ECF List is no longer valid, counsel can indicate same on the certificate of service and ECF List attached and need not serve any such address. Where the ECF List indicates that an entity has specified a preferred mailing address, counsel needs to serve the entity at the preferred address. Service shall also be made on counsel for any such parties in interest and creditors who have entered an appearance in the case through the Court's ECF system, or if such counsel is not a participant in the Court's ECF system, then by first class mail.
(C) in addition to the above, with respect to the following types of filings, service shall also be made on any address specified in a proof of claim, unless otherwise included on the ECF List:
(i) a Motion to Modify Secured Claim contained in a chapter 13 plan or by separate motion;
(ii) a Motion to Avoid Lien contained in a chapter 13 plan or by separate motion;
(iii) a Motion to Compel or
(iv) a Request for Loss Mitigation
(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 by the next business day after 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 Clerk in the manner provided for in subdivision (a).
CROSS REFERENCE See R.I. LBR 5005-4 (Electronic Filing)
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1In the next release of ECF, the term "Mailing Labels by Case" will be changed to "Mailing Matrix by Case."