Local Rule D.N.J. LBR 5005-1: Filing and Transmittal of Papers

D.N.J. LBR 5005-1. Filing and Transmittal of Papers

(a) Mandatory electronic filing. An attorney who files 10 or more documents in a 12 month period must file electronically.

(b) Case Management/Electronic Case Filing System.

(1) By accepting a login and password from the court, an individual becomes a registered user in CM/ECF.

(2) A registered user must file all related documents under a single docket entry.

(A) If a certification attaches documents, each document must be in a separate exhibit.

(3) Signatures.

(A) The filing of a document in CM/ECF constitutes the registered user's signature for purposes of Bankruptcy Rule 9011.

(B) An electronic signature must be preceded by "/s/", e.g., "/s/Jane Doe."

(C) A registered user must retain a document bearing the original signature of a third party for 7 years after the closing of the case or proceeding. On request of the court or a party, a registered user must produce the document bearing the original signature.

2025 Comment In a Chapter 11 Complex Case, parties should be guided by Section IV(b) of the Chapter 11 Complex Case Procedures. Additional amendments to this Rule are stylistic to conform with the Bankruptcy Rules.

2020 Comment Subdivision (b) now specifies that each document must be its own exhibit. For example, on a motion for relief from stay, the mortgage, note, and assignment would be three separate exhibits. To facilitate this change, the court is abrogating the 20-page limit for exhibits contained in paragraph II.G. of the court's Administrative Procedures for Filing, Signing, and Verifying of Documents by Electronic Means which was enacted on April 30, 2002 by the court's Order Establishing Procedures for Submission of Documents Containing Exhibits.

Subdivisions (c) and (d) were eliminated because service by electronic means is now addressed by Bankruptcy Rule 9036 (effective December 1, 2019). The use of "participant" in subdivision (b) was changed to "registered user" to be consistent with Bankruptcy Rule 9036.

The changes to Bankruptcy Rule 9036 do not eliminate the requirement that a motion or cross-motion must be served by non-electronic means because motions must be served in accordance with Bankruptcy Rule 7004.

2015 Comment This Rule is amended to delete provisions that have become outdated since the adoption of electronic filing in 2001. Also, certain technical requirements have been moved to the CM/ECF User's Guide available on the court's website.

Subdivision (b)(2) provides that related documents must be filed under a single docket entry. For example, a Notice of Motion should be filed as the main document, and any certification in support, memorandum of law, certification of service, and proposed order should be filed as attachments.

Subdivision (c) identifies the types of documents and parties that must be served in the manner required for service of a summons and complaint under Bankruptcy Rule 7004. Subdivision (c)(1)(B) clarifies that electronic service of a motion or other document initiating a contested matter under 9014 through the Notice of Electronic Filing is not proper service. All motions are deemed "contested matters" under Bankruptcy Rule 9014, regardless of whether opposition is filed; therefore, the initiating pleading or document, e.g., a Notice of Motion, must be served in accordance with Bankruptcy Rule 9014(b).

Subdivision (d)(1) provides that a document filed after the initiating pleading, e.g., an opposition or reply, may be electronically served on a participant under Federal Rule 5(b)(2)(E).

Subdivision (d)(2) makes clear that in accordance with Bankruptcy Rule 7004(g), if the debtor is represented by an attorney, whenever service is made upon the debtor under Bankruptcy Rule 7004, service must also be made upon the debtor's attorney by any means authorized under Federal Rule 5(b)(2)(E).

Electronic filing of a document under seal is now addressed in Local Bankruptcy Rule 9018-1.

Former Local Bankruptcy Rule 7005-1, which is deleted, is incorporated into this Rule.