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CONTESTED MATTERS: Service of Motion and Subsequent Documents

9014(b): CONTESTED MATTERS:  Service of Motion and Subsequent Documents

Many "motions" are considered to be "contested matters" for the type of due process that must be provided to parties in a contested matter.   Due process includes how a party serves a motion that commences a contested matter and what type of notifications must be included in the notice of that motion.  

  • FRBP 9014 is the principal rule regarding procedures in contested matters, including due process and application of other rules when a motion qualifies as a contested matter.  See link below
  • LBR 9013-1(c) identifies the content that must be included in the notice of motion.
  • Serving a contested matter (the motion and notice of motion) -- Follow FRBP 9014(b) and FRBP 7004 (which incorporates part of FRCP Rule 4).  See Section 2-02 of The Central Guide for links to rules on when a lender must be served by certified mail.  See also link below for a register of addresses for Federal and State Agencies. 
  • Serving all other documents after the motion is served -- Follow FRBP 9014(b) and FRBP 7005 (which applies FRCP Rule 5).  See link below
  • Applying Discovery rules and other rules that may apply in an adversary proceeding -- Follow FRBP 9014(c) and the list of other rules in the FRBP 7000 series, including taking discovery. 

 

Section: 
Section 4 - Match Local Bankruptcy Rules with Forms
Section Number or LBR Number: 
9014(b)
Reference to Local Rules and/or Forms: