Local Rule 7010-2: Caption for Documents in Adversary Proceedings.

Rule 7010-2. Caption for Documents in Adversary Proceedings. The caption on a document in an adversary proceeding shall incorporate the full caption for the bankruptcy case related to the adversary proceeding, as provided by Bankr. D.S.D. R. 9004-2, and the complete legal name of all parties, including all punctuation in the legal name. The caption shall also comply with Fed.Rs.Bankr.P. 7008 and 7010 and shall conform to Official Form 416D and Appendix 7A.

REFERENCES: Fed.R.Civ.P. 10; Fed.Rs.Bankr.P. 7008, 7010, and 9004(b); Official Forms 416A and 416D. For the caption for a bankruptcy case, see Bankr. D.S.D. R. 9004-2 and the samples at Appendix 9A, Appendix 9B, and Appendix 9C.

Practice Pointers: Because so many financial institutions and other businesses have related entities with similar names, a failure to correctly and completely identify a party may result in less than complete relief. If, for example, a defendant's legal name is Dakotaland Associates, L.L.C., do not abbreviate "Associates" or delete the periods in the abbreviation for limited liability company in the caption or in the opening paragraph of a pleading, motion, or response.

Fillable "merge" forms in both Word and WordPerfect to create captions are available on the Court's website at www.sdb.uscourts.gov under Local Rules and Forms, then All Local Forms, and then Adversary Caption.