.jpg)
Scream or Die Notice of Motion Proof of Service Language
A word of caution for all of you using the Optional Local Form F9013-1.2.NO.Hearing.Notice - Notice of Motion for Order Without Hearing Pursuant to LBR 9013-1(o) to serve along with your scream or die motions. You cannot assume that the preprinted language contained in the proof of service form is acceptable to every judge. Even though Paragraph 3 of the Notice of Motion says the scream or die motion is attached to the Notice of Motion and even actually attached to the filed notice of motion filed with the Court, I had a couple supplemental fee applications denied because the preprinted proof of service language on the local form only says the Notice of Motion for Order Without Hearing Pursuant to LBR 9013-1(o) was served. Even though there is no space to insert any other information in the local form the Court drafted after the Notice of Motion for Order Without Hearing Pursuant to LBR 9013-1(o) language, I was instructed that the proof of service must say the Motion itself was served along with the Notice of Motion. Alternatively I was instructed there must be a separate proof of service for the scream or die motion, even though it served as part of the same document as the Notice of Motion.
I fortunately was able to work my way up the chain to the lawclerk on the issue and convince him that service was actually effectuated, based upon Paragraph 3 of the local form and the fact that scream or die motion was part of the notice of motion filed, but he made clear this was a one time exception.
Hopefully the Court's forms committee will update that local form in the future to include that the notice of motion and motion were served in the proof of service language.
Mark Jessee
The post was migrated from Yahoo.