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Summons & Notice of Pretrial Conference (Local Form 108)

The procedure for the issuance of summons in adversary proceedings is as follows.  Counsel shall complete Local Form 108 (Summons and Notice of Pretrial Conference in an Adversary Proceeding).  This form should be downloaded from the Court's website.  After the adversary proceeding has been opened, the completed Summons and Notice of Pretrial Conference should be e-filed.  The certificate of service should be included in this docket entry, but as a separate attachment (the Summons and Certificate of Service must be two separate pdf files).  The summons will be considered issued when the complaint is filed. By utilizing this procedure, counsel will be able to serve the summons the same day the complaint is filed.  This procedure will expedite the issuance of summons and obviate the necessity for having to wait for the issued summons to be completed and returned to counsel in hard copy form.

Generally, a pre-trial conference date should be obtained from the Omnibus Hearing order filed in the main bankruptcy case.  If no Omnibus Hearing order exists or no dates are available, contact chambers to obtain a pre-trial conference date.  If the case is assigned to Judge Fitzgerald, check the Court's website for the judge's procedures.  If the case is assigned to a District Court judge contact chambers for proper procedures for obtaining a hearing date.  This date, along with the date issued (the e-filing date of the Summons and Notice of Pretrial Conference), are the only dates counsel will need to add to the summons.

Important!  The Summons and Notice of Pretrial Conference must be filed as a separate docket entry from the complaint.  Do not file the Summons and Notice of Pretrial Conference as an attachment to the complaint in the Adversary Case Opening process. 

 

These instructions assume you have already accessed and logged into CM/ECF (see How to Access CM/ECF).


IN PREPARATION FOR E-FILING:

 

Prepare as separate PDF documents:


E-FILING INSTRUCTIONS:

Updated:  February 10, 2004