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Electronic Service

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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  (including service required by Fed. R. Bankr. P. 7004(g)), except that such consent does not constitute acceptance of service of a summons and complaint in lieu of service on the party represented. Waiver of service and notice by first class mail applies to notice of the entry of an order or judgment under Bankruptcy Rule 9022.

☞ 2020 Amendment:  Amendment to Local Rule 9076-1(A) to reflect that service of a summons and complaint via the NEF (for registered users who have appeared in the case) constitutes service on the debtor’s attorney under Bankruptcy Rule 7004(g), but does not constitute acceptance of service of the summons and complaint on behalf of a represented party.

(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)       Reduction of Noticing Costs.  To reduce noticing costs and unnecessary duplication of service, registered users who are served with an NEF in a specific case or proceeding will not receive duplicate electronic notice served via the BNC.  Registered users who have not made an appearance in a specific case or proceeding and thus do not receive notice via an NEF, will be served through the BNC in paper form, unless those registered users have separately entered into an electronic service agreement with the BNC EBN Program, or are required to receive electronic notice as entities designated as high-volume paper recipients under Bankruptcy Rule 9036(B)(2)(B), or are debtors who registered directly with the clerk of court for DeBN noticing as provided under Local Rule 9036-1(1)(C).

☞ 2021 Amendment:  Amendment: Local Rule 9076-1(C) is amended to coincide with Bankruptcy Rule 9036(b)(2)(B) to take account of the Administrative Office of the United States Courts' program for providing notice to high-volume paper-notice recipients.

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).