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CM/ECF Court Manual
I think that the judge copy issue is pretty clear that the new proof of service has to be completed for service on the judge, and no other copy is needed. Anyway, that's what I'm doing today and if it doesn't work I'll let you know where to send the cake with the file in it.
More interesting is CM/ECF Court Manual 3-4.(b) regarding when you must use /s/ for signatures and when you can use an imaged signature. This model of obfuscation apparently doesn't apply, according to the court staff, to "other party" even though the rule says it does. So the declaration of a bank officer filed in support of a motion for relief from stay can use the image and the "Electronic Filing Declaration of Authorized Signatory" is not needed. By the way, the name on the actual declaration form for this purpose is different from the name in this Manual reference. Note the lack of continuity between the last sentence of subparagraph one and the preceding sentences. The last sentence refers only to debtor and the other sentences refer to "debtor or other party" leaving you scratching your head as to this distinction.
My answer to this is that I will ask for the Electronic Filing Declaration of Authorized Signatory, I'll use it if I get it and if I don't for some reason I'll punt with the image.
What's your answer?
I think that the judge copy issue is pretty clear that the new
proof of service has to be completed for service on the judge, and no other copy
is needed. Anyway, that's what I'm doing today and if it doesn't work I'll
let you know where to send the cake with the file in it.
More interesting is CM/ECF Court Manual 3-4.(b) regarding when you must use /s/ for signatures and
when you can use an imaged signature. This model of obfuscation apparently
doesn't apply, according to the court staff, to "other party" even though the
rule says it does. So the declaration of a bank officer filed in support
of a motion for relief from stay can use the image and the "Electronic Filing
Declaration of Authorized Signatory" is not needed. By the way, the name
on the actual declaration form for this purpose is different from the name in
this Manual reference. Note the lack of continuity between the last
sentence of subparagraph one and the preceding sentences. The last
sentence refers only to debtor and the other sentences refer to "debtor or other
party" leaving you scratching your head as to this
distinction.
My answer to this is that I will
ask for the Electronic Filing Declaration of Authorized Signatory, I'll use
it if I get it and if I don't for some reason I'll punt with the
image.
What's your
answer?
The post was migrated from Yahoo.