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Guidelines For Inter Division Filings EDC 002-268 - California
| Guidelines For Inter Division Filings Form. This is a California form and can be used in EDC Forms USBC Eastern Federal . |
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UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF CALIFORNIA OFFICE OF THE CLERK ______________________________________________ GUIDELINES FOR INTER-DIVISION FILINGS These Inter-Division Filing Guidelines apply to any petition/pleading that should be filed in a division of this bankruptcy court other than the division to which it is presented for filing. The Clerk will accept such petition/pleadings for filing on behalf of the proper division, provided the following requirements have been fully met: 1) The petition/pleading must be accepted for filing by a deputy clerk prior to the division's scheduled pick-up time for overnight delivery service. The Clerk shall maintain a listing, by divisional office, of when a document must be filed to meet the overnight delivery service's pick-up time. FEDERAL EXPRESS Sacramento Fresno Modesto UNITED PARCEL SERVICE Sacramento Fresno Modesto FILING DEADLINE 3:30 p.m. 3:30 p.m. 2:30 p.m. FILING DEADLINE 2:00 p.m. 2:00 p.m. 2:00 p.m. 2) Once accepted for filing, the original petition/pleading will be "filed" stamped and all copies will be "endorsed" stamped by the deputy clerk in the division in which it is being accepted. The deputy clerk will also return an endorsed copy of the filed petition/pleading, if an extra copy of the petition/pleading is presented at time of filing. The party filing a petition/pleading under these guidelines must also present a preaddressed overnight delivery envelope from an overnight delivery company, whose services meet the following criteria: a. b. c. The service must be able to guarantee delivery by noon the following day; The service must be able to trace the package sent, to verify timely delivery; The service must either make a daily pick-up at each of the three divisional offices or have a drop-box conveniently located near the divisional office where mailings can be made. The Clerk will be responsible for maintaining a list of companies meeting this criteria. 3) EDC 2-268 (Rev. 08/11/08) Page 1 of 3 American LegalNet, Inc. www.FormsWorkflow.com 4) The overnight delivery envelope must be marked for delivery by noon the following business day. The overnight envelope must include the sender's account number or a valid credit card number (with expiration date) so that the delivery service may bill the party or party's counsel directly. The addresses for the divisional offices shall read as follows: SACRAMENTO U.S. Bankruptcy Court Robert T. Matsui U.S. Courthouse 501 I Street, Suite 3-200 Sacramento, CA 95814 MODESTO U.S. Bankruptcy Court 1200 I Street, Suite 4 Modesto, CA 95354 FRESNO U.S. Bankruptcy Court Robert E. Coyle U.S. Courthouse 2500 Tulare Street, Suite 2501 Fresno, CA 93721-1318 5) 6) 7) The return address on the overnight delivery envelope shall be the address of the divisional office from which the document is sent. The party filing documents using these guidelines shall complete an Inter-Division Filing Fax Transmittal Sheet, a copy of which is attached to these guidelines. (Additional copies are available at all three divisional offices.) The transmittal sheet shall specify the division in which the petition/pleading is presented, the date of presentation, the division to which the petition/pleading is to be sent, and a description of each petition/pleading including any case, adversary proceeding and/or motion control numbers, hearing date, time, and location, debtor's name, plaintiff/defendant names, and a short description of the documents being filed. The deputy clerk in the sending divisional office will place the petition/pleading into the overnight delivery envelope and cause it to be delivered to the overnight delivery drop box or to be held for pick up that afternoon. Additionally, the sending deputy clerk shall notify the receiving divisional office that the petition/pleading has been sent under this procedure by faxing, on the same day the petition/pleading is presented and filed, the filing party's completed Inter-Division Filing Fax Transmittal Sheet. Upon receipt of the petition/pleading filed under these guidelines, the receiving deputy clerk shall immediately process the document as if it had been filed in that divisional office. FULL COMPLIANCE WITH THIS PROCEDURE IS MANDATORY. Failure to comply with all steps outlined herein may result in the document not being accepted for filing. Petitions submitted for filing which do not comply with the steps outlined herein will nevertheless be accepted for filing, but repeated non-compliance may result in the issuing of an Order to Show Cause why sanctions should not be imposed against the noncomplying attorney. The party employing this procedure shall assume full responsibility for the document being properly addressed, for ensuring that the overnight delivery envelope contains a valid billing number or credit card information, and that the document actually arrives at the receiving divisional office. Any errors may result in the court finding that the document was not timely filed. Counsel should also be aware that a petition/pleading that needs to be taken before a judge may be delayed by the use of this procedure. 8) 9) 10) 11) 12) EDC 2-268 (Rev. 08/11/08) Page 2 of 3 American LegalNet, Inc. www.FormsWorkflow.com UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA INTER-DIVISION FILING FAX TRANSMITTAL SHEET TO: SACRAMENTO DIVISION FRESNO DIVISION MODESTO DIVISION SACRAMENTO DIVISION FRESNO DIVISION MODESTO DIVISION FROM: RE: DOCUMENTS PRESENTED ON FOR FILING WITH YOUR DIVISION DEBTOR'S NAME: PLAINTIFF/DEFENDANT NAMES: HEARING DATE: HEARING TIME: HEARING LOCATION: BANKRUPTCY CASE NO.: ADVERSARY PROC. NO.: MOTION CONTROL NO.: DESCRIPTION OF DOCUMENTS: ********** FOR CLERK'S OFFICE USE ONLY ********** Sender's Name: Telephone No.: EDC 2-268 (Rev. 08/11/08) Page 3 of 3 American LegalNet, Inc. www.FormsWorkflow.com
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