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Local Rule 9076-1

Electronic Service

(a)  NEF Constitutes Service on Registered CM/ECF Users.  Registration as an ECF user constitutes consent to electronic service under FRCP 5. Receipt of the Notice of Electronic Filing (NEF) constitutes service on a registered CM/ECF user who has electronically filed a document in the case.  The filer shall provide non-registered users with notice of the filing by other means in accordance with the FRBP.

(b)  NEF Does Not Constitute Service.  Electronic transmission of a NEF does not constitute service or notice of certain initiating documents. A filer must serve by hand-delivery, courier, mail, or email (if the party has consented to email service) the following documents:

(1)  Service of a summons and involuntary petition under FRBP 1010; 

(2)  Service of a summons and complaint under FRBP 7004;

(3)  Service of papers that commence a contested matter under FRBP 9014, e.g., a motion for stay relief or objection to claim;

(4)  Service of a subpoena under FRBP 9016; and

(5)  Where conventional service is otherwise required under the FRCP, FRBP, LRs, or by court order.

Notes 2018:  New LR adopted to conform to amendments made to the FRCP 5 authorizing a party to use the Court’ transmission facilities to make service under FRCP 5(b)(2)(E). Serving papers under FRCP 5 or FRBP 9022, including answers to complaints, motions in adversary proceedings, responses to motions, and notices of entry of judgment or order, is governed by subparagraph (a) of this LR. Service on any party registered as an Electronic Case participant may be accomplished by the automatically generated NEF. This LR does not apply to initiating papers such as a complaint served under FRCP 4.

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