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Electronic Service

Local Rule Number: 
Rule 9076-1
9000 Series

(A)       Registered Users Consent to Waiver of Non-Electronic Service.  Registered users (1) waive the right to receive notice by first class mail and consent to receive notice electronically via the CM/ECF generated NEF; and (2) waive the right to service by personal service or first class mail and consent to electronic service via the NEF, except with regard to service of a summons and complaint under Bankruptcy Rule 7004.  Waiver of service and notice by first class mail applies to notice of the entry of an order or judgment under Bankruptcy Rule 9022.

(B)       Electronic Appearance in that Case Constitutes Consent.  Consent to electronic service becomes effective in a particular case when a registered user files a document that generates an NEF (except a proof of claim or ballot).

(C)       Elimination of Duplicate Noticing.  To reduce noticing costs and unnecessary duplication of service, registered users who are served with an NEF will not receive duplicate notice served via the BNC.  This elimination of duplicate noticing will also apply to those registered users who have separately entered into an agreement for e-mail or fax service with the BNC.  Registered users receiving notice under this rule shall have access to electronic dockets and case documents as provided under Local Rule 9036.

Note: Chapter 7 and 13 trustees are automatically added at case initiation and therefore always will receive service via the NEF; thus conventional filers need not serve a paper copy of a document on a trustee.

(D)       Certificate of Service Required.  As provided by subdivision (A) and (B) of this Rule, service may occur via the NEF (in lieu of service by U.S. Mail) for certain registered users in the case (absent a specific statutory or court requirement for conventional paper service), however, all certificates of service must comply with Local Rule 2002-1(F).