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Summons in Adversary Proceeding. Alias Summons

Local Rule Number: 
Rule 7004-2
7000 Series

(A)       General.  The clerk will generate and docket the summons or, if applicable, an alias summons, and electronically transmit it to the plaintiff, who must serve it together with the complaint and pretrial order, on all defendants in accordance with the Bankruptcy Rules and these local rules. The electronic summons is a valid summons, signed, sealed and issued by the clerk. The clerk shall issue an alias summons upon receipt of a notice of non-service and request for issuance of alias summons, and a third party summons, when applicable. Requests for issuance of an alias summons that will require rescheduling of the pretrial conference date shall be considered in accordance with subdivision (B) of this Rule.

(B)       Alias summons.  A request for issuance of an alias summons that would provide for an answer deadline of less than 30 days prior to the date of the originally scheduled pretrial conference must be accompanied by a motion to continue the pretrial conference to a date such that the answer shall be due not later than 30 days prior to the proposed, re-scheduled pretrial conference.  The court  shall either set the motion for hearing or enter an order directing the clerk to issue an alias summons which shall include a rescheduled pretrial conference that provides for an answer deadline of no later than 30 days before the date of the pretrial conference.