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Motions: PROOF OF SERVICE

9013-1(e):  Motions: PROOF OF SERVICE

A fundamental principle of due process is proving that you gave a copy of your documents and other notices to all parties who are entitled to a copy of those documents and notices.  This principle applies to any document that is filed, whether the document you file is a notice, a motion, a response, a reply, a declaration, an adversary complaint, an answer to a complaint, etc.  This concept is called "Proof of Service" and there are no exceptions UNLESS a rule specifically authorizes the document to be filed without serving any party. 

A "Proof of Service" is a one-page document that must be attached at the back of every document filed in bankruptcy court, whether the document was filed on a docket in a bankruptcy case or on a docket in an adversary proceeding. 

  • The "Proof of Service" document is a mandatory form.  See link below
  • Be sure to read LBR 9013-3 and LBR 9013-1(e) for procedures to follow when preparing and filing a Proof of Service.
Section: 
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number: 
9013-1(e)
Reference to Local Rules and/or Forms: