Local Rule 9004-1: General Requirements for Documents Submitted for Filing.

Rule 9004-1. General Requirements for Documents Submitted for Filing.

(a) General requirements for all documents submitted for filing.

(1) Format. Each document, excluding exhibits attached to a document and official forms, shall be on white, 8½" x 11" paper and have margins of not less than one inch. Each document shall be typewritten using one simple font and shall be without erasures, excessive corrections, or other marks materially defacing it. Each document shall be signed and dated in compliance with paragraph (5) below.

(2) Documents filed electronically. Except as modified by paragraph (5) below, any document filed electronically by an attorney or a limited filing user shall conform to the Court's Electronic Case Filing Administrative Procedures.

(3) Caption. Each document, excluding exhibits attached to a document and official forms, shall include an appropriate caption as prescribed by Bankr. D.S.D. R. 9004-2.

(4) Orientation. The page orientation of each document shall be "portrait," not "landscape," except for exhibits and attachments better viewed in "landscape."

(5) Signature and date. Each document, excluding exhibits attached to a document, shall have affixed to it the signature(s) required by the Federal Rules of Bankruptcy Procedure and these local rules and the date each signature was made.

(A) A signature by the filing attorney or the limited filing user shall conform to part V of the Court's Electronic Case Filing Administrative Procedures.

(B) A signature by any party who is not the filing attorney or the limited filing user shall be either:

(i) an original "wet ink" signature; or

(ii) if the document will be electronically filed by an attorney or a limited filing user, a digital signature produced by an acceptable software program that creates a secure electronic signature that uniquely identifies the signer and the date of the signature, ensures the authenticity of the signature, and ensures the signed document has not been altered or repudiated. The Clerk from time to time shall determine which digital signature software programs are acceptable to the Court and give notice thereof to the bankruptcy bar for the District of South Dakota.

(C) Use of the CM/ECF login and password of an attorney or a limited filing user to file any document that contains one or more signatures in addition to the filing attorney's or the limited filing user's signature or that requires verification pursuant to Fed.R.Bankr.P. 1008 or an unsworn declaration pursuant to 28 U.S.C. § 1746, including a petition, list, schedule, statement, or an amendment thereof, constitutes the filing attorney's or the limited filing user's representation that prior to filing the document electronically the filing attorney or the limited filing user obtained all necessary signatures, each signature complies with this rule, and at the time of the electronic filing the filing attorney or the limited filing user has possession of the document containing each complying signature. The filing attorney or the limited filing user shall electronically file either:

(i) a copy of the document indicating the filer's signature, any original signature, and any digital signature on the electronically filed document with "/s/signer's name" in the appropriate signature space (see sample at Appendix 9K); or

(ii) an imaged (scanned) copy of the original document containing all the required signatures (see sample at Appendix 9L).

(b) Exhibits attached to a document. Exhibits attached to a document shall be typewritten, printed, or otherwise reproduced in clear, legible, and permanent form and be designated thereon as an exhibit, for example, "EXHIBIT A." If possible, the page orientation of an attachment shall be "portrait," not "landscape." Multiple pages of an exhibit shall not be condensed onto a single page, e.g., four pages should not be condensed onto one page.

(c) Non-disclosure of personal data identifiers. A party shall not include any party's personal data identifiers in any document, unless specifically directed to do so by an order, a statute, a Federal Rule of Bankruptcy Procedure, an official form, or these local rules. If a party must include a Social Security number, a taxpayer identification number, or an account number in a document, the party shall provide only the last four digits of that number. If a party must refer to a specific minor child in a document, the party shall disclose, at most, the minor child's initials and the year in which the minor child was born. The party filing a document is solely responsible for redacting any personal data identifiers. The Clerk shall have no responsibility for doing so and no liability for not doing so.

(d) Copies. A party shall not provide extra copies of any document filed with the Court, unless specifically directed to do so by the Code, a Federal Rule of Bankruptcy Procedure, these local rules, or an order. If directed to provide copies of a document filed with the Court, the party shall label each copy, "COPY."

(e) Filing under seal. A motion to file a document under seal shall identify the document and shall demonstrate cause for filing the document under seal. The motion shall be served on parties in interest not electronically served. A notice of the motion is not required.

(f) Briefs. Notwithstanding D.S.D. Civ. LR 7.1B, a party need not submit a brief in support of a motion or application, unless specifically directed to do so by these local rules or ordered by the Court.

(g) Documents signed through a power of attorney or guardianship.

(1) If a document is signed for a debtor, creditor, or other party under a power of attorney or a guardianship, a copy of the power of attorney or order appointing the guardian must be filed with the document. Once a power of attorney or order appointing a guardian is filed in a bankruptcy case or an adversary proceeding, it does not need to be filed with subsequent documents filed by that party under the power of attorney or guardianship. If a power of attorney or order appointing a guardian is filed alone, it must be attached to a captioned, dated, and signed cover pleading.

(2) The signature on each document signed for a debtor, creditor, or other party under a power of attorney or a guardianship shall include the name of the person holding the power of attorney or the guardian and the name of the person who gave the power of attorney or is under the guardianship, e.g., Robert R. Helper, POA for Debtor Donald Allen Doe or Robert R. Helper, guardian for Debtor Donald Allen Doe.

(3) A person holding a power of attorney from a debtor or a debtor's guardian may not complete the pre-petition credit counseling or the post-petition financial management course for the debtor.

(h) Suggested format for citations. Citations to code provisions, case law, and other sources in documents filed with the Court should generally follow The Bluebook: A Uniform System of Citation (The Harvard Law Review Assoc., 21st ed. 2020, or subsequent edition). Set forth below are samples of acceptable citations:

(1) docket number of a particular document on the Court's CM/ECF docket: (doc. 47)

(2) United States Code: 11 U.S.C. § 1112(a)(4)(A) (2019)

(3) Federal Rule of Bankruptcy Procedure: Fed.R.Bankr.P. 1007(a)

(4) Federal Rule of Civil Procedure: Fed.R.Civ.P. 26(d)(2)

(5) local rule for the United States Bankruptcy Court for the District of South Dakota: Bankr. D.S.D. R. 1007-2

(6) local rule for the United States District Court for the District of South Dakota: D.S.D. Civ. LR 5.1

(7) local bankruptcy form: Bankr. D.S.D. R. Appendix 3A

(8) South Dakota Codified Laws: S.D.C.L. § 43-45-4 (2019)

(9) unpublished decision in a bankruptcy case, with pin cite: In re John R. Doe, Bankr. No. 00-00000, slip op. at 3 (Bankr. D.S.D. April 15, 2022).

(10) unpublished decision in a bankruptcy adversary proceeding, with pin cite: Curt R. Smith v. John R. Doe (In re Doe), Bankr. No. 00-00000, Adv. No. 00-0000, slip op. at 11 (Bankr. D.S.D. June 19, 2022).

(11) published decision in a bankruptcy case, with pin cite: In re Doe, 752 B.R. 922, 924 (Bankr. D.S.D. 2022).

(12) published opinion by a district court from a bankruptcy appeal, with pin cite: Smith v. Doe (In re Doe), 912 F.Supp. 3d 222, 227 (D.S.D. 2023).

(13) published opinion by a bankruptcy appellate panel from a bankruptcy appeal, with pin cite: Smith v. Doe (In re Doe), 754 B.R. 12, 19 (B.A.P. 8th Cir. 2023).

(14) published opinion by a court of appeals from a bankruptcy appeal, with pin cite: Smith v. Doe, 945 F.3d 423, 444 (8th Cir. 2023).

(15) published appendix opinion by a court of appeals from a bankruptcy appeal: Smith v. Doe, 946 F. App'x 914 (8th Cir. 2023).

(16) published opinion by the United States Supreme Court from a bankruptcy appeal, with pin cite: Smith v. Doe, 614 U.S. 912, 924 (2025).

(i) Description of property. Any motion, application, complaint, or other request for relief regarding real property shall set forth the legal description and the postal address, if any, for the subject real property. Any motion, application, complaint, or other request for relief regarding personal property shall set forth any serial number or other identification number assigned to the subject personal property.

REFERENCES: Fed.Rs.Bankr.P. 7010, 9004, and 9011; D.S.D. Civ. LR 7.1B.