Local Rule 9004-3: Filing and Serving Documents; Certificates of Service.

Rule 9004-3. Filing and Serving Documents; Certificates of Service.

(a) Filing. If filed conventionally (by paper document delivered to the Clerk), a document is deemed filed when received by the Clerk, not when mailed by the filer. If filed electronically, a document is deemed filed on the date and at the time reflected on the Court's Notice of Electronic Filing.

(b) Serving.

(1) Any document filed with the Court shall be served by the filing party pursuant to the applicable Code section, Federal Rule of Bankruptcy Procedure, or local rule; provided, however, the filing party need not serve the document on any party to whom the Court has transmitted a Notice of Electronic Filing in the manner outlined in the Court's Electronic Case Filing Administrative Procedures or on the debtor if the debtor is represented by an attorney and the debtor signed the document being served.

(2) Service of a document shall be made on the same day it is filed or the next business day thereafter.

(3) If the Code, the Federal Rules of Bankruptcy Procedure, or these local rules require a document to be served on "parties in interest," "such other parties as the Court may designate," or similarly described entities, the document shall be served on parties in interest as defined by Bankr. D.S.D. R. 9001-1(7).

(4) If the United States or one of its officers or entities (excluding the United States Trustee) is a party in interest, pleadings, notices, orders, and other documents shall be separately served on both the officer or entity and on the United States Attorney.

(5) If a state or one of its officers or entities is a party in interest, pleadings, notices, orders, and other documents shall be separately served on both the officer or entity and on the attorney general or other chief legal officer for that state.

(6) If a county or one of its officers or entities is a party in interest, pleadings, notices, orders, and other documents shall be separately served on both the officer or entity and on the state's attorney or other chief legal officer for that county.

(c) Current mailing list. The movant shall use a mailing list that is generated by the Court's electronic filing system (CM/ECF) for the case or adversary proceeding on the same date service is made.

(d) Certificate of service. A certificate of service shall be filed with each document served. The certificate shall conform to Appendix 9D and shall not include the names and addresses of parties who will be served electronically by the Clerk. If it is filed electronically, the certificate shall, whenever possible, be filed as an attachment to the document served.

REFERENCES: Fed.Rs.Bankr.P. 2002, 9006, 9013, and 9014.

Practice Pointers: A list of common pleadings and the notice and service requirements for each is maintained on the Court's website at www.sdb.uscourts.gov. Click on Practice Pointers and then Notice and Service Requirements.

The Clerk, upon request and without charge, will provide any party who files a document conventionally (by paper) with a copy of the current mailing list. A current mailing list may be obtained electronically by going to Reports or Utilities, selecting Mailings, and then selecting Mailing Matrix by Case. If a party has filed a preferred address, it will be indicated on the mailing list with a "(p)" before the party's name and address.

When serving any document, the serving party may assume any debtor's attorney, any attorney for a committee authorized under the Code, any case trustee, the United States Trustee, and any party who has requested notice under Fed.Rs.Bankr.P. 2002(g)(1) or (i) or 9010(b) will receive electronic service. The serving party does not need to serve these parties by mail or include their names and addresses on the certificate of service.