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.

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: