How Do I Complete a Certificate of Service in a Chapter 7 Bankruptcy?
Full Question:
Answer:
I suggest calling the clerk of court to obtain a copy of the local court rules, which vary by court. Where an attorney has entered an appearance for a party in a case or proceeding, service of any paper required to be made on such party, except a complaint, must be made on the party's attorney unless the court directs otherwise.
A certificate of service must accompany all requests for relief and notices of hearing submitted for filing. Every certificate of service must include:
(1) the names and addresses of all persons and entities served,
(2) the date service was made,
(3) the manner in which service was made, and
(4) the signature of the person making the certificate, his or her typed name, address, telephone number and, if an attorney, state bar number.
It is not sufficient to state that service was made on "all parties in interest," "all interested parties," or the like.
In cases where the certificate of service would be inordinately long the Court may provide exception to this rule.
If the Certificate of Service is made by a person who is not an attorney, it must be in the form of a sworn affidavit.
Please see the following federal court rule:
Rule 5. Serving and Filing Pleadings and Other Papers
(a) Service: When Required.
(1) In General. Unless these rules provide otherwise, each of the
following papers must be served on every party:
(A) an order stating that service is required;
(B) a pleading filed after the original complaint, unless the court
orders otherwise under Rule 5(c) because there are numerous defendants;
(C) a discovery paper required to be served on a party, unless the
court orders otherwise;
(D) a written motion, except one that may be heard ex parte; and
(E) a written notice, appearance, demand, or offer of judgment, or any
similar paper.
(2) If a Party Fails to Appear. No service is required on a party who
is in default for failing to appear. But a pleading that asserts a new
claim for relief against such a party must be served on that party under
Rule 4.
(3) Seizing Property. If an action is begun by seizing property and no
person is or need be named as a defendant, any service required before the
filing of an appearance, answer, or claim must be made on the person who
had custody or possession of the property when it was seized.
(b) Service: How Made.
(1) Serving an Attorney. If a party is represented by an attorney,
service under this rule must be made on the attorney unless the court
orders service on the party.
(2) Service in General. A paper is served under this rule by:
(A) handing it to the person;
(B) leaving it:
(i) at the person's office with a clerk or other person in charge or,
if no one is in charge, in a conspicuous place in the office; or
(ii) if the person has no office or the office is closed, at the
person's dwelling or usual place of abode with someone of suitable age and
discretion who resides there;
(C) mailing it to the person's last known address — in which event
service is complete upon mailing;
(D) leaving it with the court clerk if the person has no known
address;
(E) sending it by electronic means if the person consented in writing
— in which event service is complete upon transmission, but is not
effective if the serving party learns that it did not reach the person to
be served; or
(F) delivering it by any other means that the person consented to in
writing — in which event service is complete when the person making
service delivers it to the agency designated to make delivery.
(3) Using Court Facilities. If a local rule so authorizes, a party may
use the court's transmission facilities to make service under Rule
5(b)(2)(E).
(c) Serving Numerous Defendants.
(1) In General. If an action involves an unusually large number of
defendants, the court may, on motion or on its own, order that:
(A) defendants' pleadings and replies to them need not be served on
other defendants;
(B) any crossclaim, counterclaim, avoidance, or affirmative defense in
those pleadings and replies to them will be treated as denied or avoided
by all other parties; and
(C) filing any such pleading and serving it on the plaintiff
constitutes notice of the pleading to all parties.
(2) Notifying Parties. A copy of every such order must be served on the
parties as the court directs.
(d) Filing.
(1) Required Filings; Certificate of Service. Any paper after the
complaint that is required to be served — together with a certificate of
service — must be filed within a reasonable time after service. But
disclosures under Rule 26(a)(1) or (2) and the following discovery
requests and responses must not be filed until they are used in the
proceeding or the court orders filing: depositions, interrogatories,
requests for documents or tangible things or to permit entry onto land,
and requests for admission.
(2) How Filing Is Made — In General. A paper is filed by delivering
it:
(A) to the clerk; or
(B) to a judge who agrees to accept it for filing, and who must then
note the filing date on the paper and promptly send it to the clerk.
(3) Electronic Filing, Signing, or Verification. A court may, by local
rule, allow papers to be filed, signed, or verified by electronic means
that are consistent with any technical standards established by the
Judicial Conference of the United States. A local rule may require
electronic filing only if reasonable exceptions are allowed. A paper
filed electronically in compliance with a local rule is a written paper
for purposes of these rules.
(4) Acceptance by the Clerk. The clerk must not refuse to file a paper
solely because it is not in the form prescribed by these rules or by a
local rule or practice.