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Rule 7007-1. Motions in Adversary Proceedings. Any motion in an adversary proceeding shall be filed separately from any pleading, and except as provided by Bankr. D.S.D. R. 7055-1, shall be served on parties in interest not electronically served. In the absence of a specific statute, rule, or order to the contrary, no notice of a motion is required.

REFERENCES: Fed.R.Civ.P. 7; Fed.R.Bankr.P. 7007; Bankr. D.S.D. Rs. 7055-1 and 9001-1(7).

Practice Pointer: A defendant who is in default does not need to be served with a motion or application unless it is an application for default judgment or some other type of motion that will affect the defaulted defendant.