2-11: Notices: NEF - Notice of Electronic Filing - Party to Case: EXCEPTIONS
LBR 9036-1(a)(1) provides that the court's Notice of Electronic Filing (NEF) constitutes effective notice and service to registered users of CM/ECF. This means that even though the party who filed the document has the duty to give notice of the document (or serve the document), the party does not have to provide separate delivery of the document to any party who is registered to receive NEFs in that bankruptcy case or adversary proceeding from which the NEF was generated.
A Notice of Electronic Filing is generated and delivered anytime a document or other note is placed on the docket for public viewing. If the NEF is generated because a document is filed, the NEF contains a link to the document. The link must be accessed within a short time because the link is active only for a short time. The party who received the NEF has one opportunity to click on the link and access the document; therefore, the party should download the document and save it on this first access.
- See link below to resources that attorneys and parties can use to register to be able to file and receive documents via CM/ECF.
However, LBR 9036-1(a)(2) provides exceptions when delivery of a document by NEF does not constitute effective notice or effective service on NEF recipients. Instead, other required methods are found in FRCP Rule 4 and FRCP Rule 5. Those documents are:
- LBR 1010-1: Service of an involuntary petition and the summons served with that petition
- LBR 2002-2(a)(3): Service of documents which the U.S. trustee does not agree to accept by NEF
- LBR 3015-1(b)(5): Service of a proof of claim on chapter 13 debtor's attorney
- LBR 7004-1, FRBP 7004, and FRBP 7016: Service of an adversary proceeding complaint and the summons served with that complaint
- LBR 2004-1, FRBP 2004, and FRBP 9016: Service of a subpoena for a Rule 2004 Exam
- LBR 7030-1, FRBP 7030, FRBP 7034 and FRBP 9016: Service of a subpoena in an adversary proceeding and service of subpoena to testify at a deposition