(a) General. Proof of service of all papers
required or permitted to be served shall, unless some other method is expressly
required by these rules or the Federal Rules of Civil Procedure, be made in the
(1) if the person serving the papers is
an attorney of record in the case, by certificate;
(2) if the person serving the papers is
not an attorney of record in the case, by affidavit, or by written
acknowledgment of service, or by any other proof satisfactory to the court;
(3) if the case is one for which the General Order on Electronic Case Filing applies, in the
manner set forth in that General Order under the heading entitled "Service
of Documents by Electronic Means".
(b) Certificate of
document other than one filed ex parte shall be accompanied by a
certificate of service indicating the date and manner of services and a
statement that copies of documents required to be served by Fed.R.Civ.P.
5(a) have been served. Where the service was by FAX, the certificate shall
be accompanied by a copy of the transaction statement produced by the FAX
machine. Such transaction statement shall include the date and time of service,
the telephone number to which the documents were transmitted, and an
acknowledgment from the receiving FAX machine that the transmission was
received or, in the event that the receiving FAX machine did not produce the
acknowledgment to the transmitting FAX machine, an affidavit or, if by an
attorney, a certificate setting forth the date and time of service and
telephone number to which documents were transmitted.
(c) Filing by FAX Not
to be filed with the court may not be transmitted to the court by FAX. The only
means of filing documents with the court by electronic means is in accordance
with LR 5.2(a) and the General Order on Electronic Case Filing or other similar
(d) Ex Parte
Motion. A motion for
an ex parte order shall be accompanied by an affidavit showing cause
therefor and stating whether or not a previous application for similar relief
has been made.