Local Rule 9013–3: CERTIFICATE OF SERVICE — MOTIONS, APPLICATIONS, PLANS AND OTHER PAPERS
Bankr. S.D. Ohio — General rule
9013–3 CERTIFICATE OF SERVICE — MOTIONS, APPLICATIONS, PLANS AND OTHER PAPERS
(a) Purpose of Minimum Service Requirements. The purpose of this Local Rule is to ensure adequate notice to all parties directly affected by the relief sought.
(b) Parties to be Served. Unless the court orders otherwise or unless specifically limited or expanded by a Rule or Local Rule, every filing, application, motion, or other paper or document filed, other than a proof of claim, shall be served on the debtor, the debtor's attorney, the trustee, the United States trustee, each committee appointed pursuant to the Code, upon any party directly affected by the relief sought, and upon any party who specifically requested notice. Service shall be evidenced pursuant to (e) below.
(c) Certain Limitations on Service. If a party other than the debtor is represented by an attorney, service need only be made on that party's attorney. If an appointed committee does not have an attorney whose employment has been authorized by the court, service shall be made upon the committee member designated to receive service as set forth in any filing by the committee pursuant to LBR 2071–1 so designating such member. If no such filing has been made, service shall be made upon such committee's chairperson. If the committee has not elected a chairperson or designated a member to receive service, then service shall be made upon the entire committee. In a chapter 11 case, if no committee has been appointed, service shall be made upon the 20 largest unsecured creditors, as set forth in the original or amended list filed pursuant to Rule 1007(d).
(d) Method of Service. Service shall be by a method authorized or required by Rule 7004 or Rule 5(b) Fed.R.Civ.P.
(e) Certificate of Service. Except as set forth in (f) below, a certificate of service shall be filed and served with any filing, application, motion or other paper or document tendered for filing. The certificate of service shall:
(1) be signed, subject to ECF Procedure 8;
(2) identify, with specificity, the filing or other paper served;
(3) state the date and method of service; and
(4) identify, by name and address, each entity served, with the following exceptions:
(i) Hand delivery: if service is made on an individual personally, only the name of the individual with the words "(Personally Served)" or "(Hand Delivered)" is required;
(ii) Service through ECF: provided, if service is made through the court's ECF System, it is sufficient to state that "all ECF participants registered in this case were served electronically on the date of filing through the court's ECF System at the email address registered with the court."
(f) Exceptions to Required Certificate of Service. The following filings are exempt from the certificate of service requirement of (e) above:
(1) the petition;
(2) initial schedules and statement of financial affairs filed with the petition or within fourteen (14) days of the petition filing date or within such other time period ordered by the court;
(3) a form document required by the Executive Office of the United States Trustee's Handbook for Chapter 7 Trustee;
(4) a report of no distribution or final report filed by a trustee;
(5) any pleading required to be served together with a summons; and
(6) a proof of claim.
Sample Certificate of Service CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing (specific name of filing) was served (i) electronically on the date of filing through the court's ECF System on all ECF participants registered in this case at the email address registered with the court and
(ii) by ordinary U.S. Mail first class mail on (month), (day), (year) addressed to:
(Name) (Mailing address)
(Name) (Mailing address)
[For parties served other than by first class mail pursuant to Federal Rule of Bankruptcy Procedure 7004, add the following language:]
by [certified mail or any other method of service] on (month), (day), (year) addressed to:
(Name) (Mailing address or, if service is made on an individual personally, state "(Personally Served)" or "(Hand Delivered)"for in-person hand delivery to an individual state "delivered to the individual personally")
[For parties served using a Third-Party Notice Provider approved by the Administrative Office of the United States Courts pursuant to Federal Rules of Bankruptcy Procedure 9001(9) and 2002(g)(4), add the following language:]
And the creditors and parties in interest shown on the [attached or separately filed] Declaration of Mailing and Certificate of Service on (month), (day), (year).
_______________________ Name
(g) Differing Addresses. If the address used for service of any filing, application, motion or other paper or document differs either from the address shown in the debtor's petition or schedules, the notice address on the addressee's proof of claim, or an address on the addressee's prior filing, if any, said difference must be explained.