Local Rule Rule 7001-1: Adversary Proceedings—General.

Rule 7001-1. Adversary Proceedings—General.

(a) Application of LBRs to adversary proceedings. LBRs 7001-1 through 7067-1 apply to adversary proceedings.

(b) Filing Fee. The complaint filing fee must accompany an adversary complaint, except one filed by an exempt plaintiff, such as a debtor who is not a DIP, the UST, a child-support creditor or its representative who files an OF 2810, or a trustee who files a certification that estate funds are insufficient to pay the filing fee.

(c) Documents.

(1) General Form Requirements. LBR 9004-1 applies.

(2) Cover Sheet. An adversary proceeding cover sheet on OF 1040 must be filed with a complaint, stipulated judgment in lieu of a complaint, or notice of removal filed by PDU, fax, mail, or delivery.

(3) Summons. The clerk may sign, seal, and issue a summons electronically, although a plaintiff must not serve a summons electronically. The clerk may use ECF or other means to notify the plaintiff when an electronic summons has been issued for service.

(d) Impermissible Stipulations. The following deadlines and dates cannot be changed without an order obtained no later than three business days before the scheduled deadline or date:

(1) Deadlines established by a scheduling order.

(2) Court hearing date.

(3) Pretrial order lodging deadline.

(4) Deadlines for filing trial briefs, exhibits, or witness lists.

(5) Trial date.

Cross-references: • Jury Trial – LBR 9015-1 and LR 2100-6. • Removal or Remand – LBR 9027-1. • Sanctions & Remedies – LBR 9011-3. • Settlement & Compromise – LBR 9019-1.