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Serving Documents: FILING A PROOF OF SERVICE

9013-3:  Serving Documents: FILING A PROOF OF SERVICE

A fundamental principle of due process is proving that you delivered your documents and other notices to all parties who are entitled to 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.  There are no exceptions UNLESS a rule specifically authorizes the document to be filed without serving any party.  This concept is called "Proof of Service."

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 in an adversary proceeding. 

  • The "Proof of Service" document is a mandatory form.  See link below
  • See LBR 9013-3 and 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: 
9013-3
Reference to Local Rules and/or Forms: