Local Rule 9006-2: Proof of Service

9006-2. Proof of Service.

(a) Filing. Proof of Service of all Documents served must be filed with the Clerk's office on the next court day following the date of service of the Documents and must indicate the date and manner of service by attaching or including: (1) written acknowledgment of receipt of service by the attorney or authorized Individual served; or (2) attorney's certificate or Declaration of the Individual who mailed or otherwise served the Documents.

(b) Validity of Service. The validity of the service is not affected by the failure to file the Proof of Service.

(c) Required Information. A Proof of Service of a Document must identify the following: (1) document(s) served; (2) service date; (3) name of the Individual or Entity served and that Individual's or Entity's: A. mailing or street address if served by mail or hand delivery; B. email address if served electronically; or C. fax number if served by fax transmission; (4) name of the party if service was made on the party's attorney; and (5) method of service (personal, hand delivery, first class mail, the System, or other delivery method with written consent).

(d) Written Consent to Electronic Service. If service is made by electronic means, other than through the System, the Proof of Service must include a statement that the party being served consented to the particular method of service. Facsimile and email service require such consent.

(e) Service by the System. If service is made using the System, the party filing the Proof of Service may rely on the NEF to indicate that service was made, except as set forth in LBR 2002-1 where the Clerk will file the proof of service and LBR 5005-6 where service is made on parties who are not participants in the System. The NEF, however, is not a substitute for a Proof of Service.