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LR 5.2 Service of Non-Dispositive and Dispositive Orders; Stipulations and Orders

(a)   Electronic Filing. The ECF Policies and Procedures (Appendix ECF to these rules) govern the filing and service of orders and proposed orders electronically.

(b)   Service of Non-Dispositive Orders. Unless the court directs otherwise, the clerk will send the movant seeking a non-dispositive order a copy of the signed order. Within 14 days of the date of the order, unless the judge directs otherwise, the movant must serve, in accordance with Fed. R. Civ. P. 5, copies of the order on all other parties and other persons entitled to service of the order and promptly file a proof of service.

(c)   Stipulations and Orders; Service of Orders. The person initiating a stipulation and proposing an order must submit a self-addressed stamped envelope and serve copies of the order on all other parties and other persons entitled to service of the order within 14 days of the date of the order, unless the judge directs otherwise. No proof of service is required.

(d)   Service of Dispositive Orders. The preparer of a dispositive order, other than a stipulated order, must submit the proposed order to the court with an original, a copy for the court, and sufficient copies and addressed, stamped envelopes for all parties and other persons entitled to service of the order. The clerk will mail the order and provide a proof of service for the record.

(e)   Definition of Dispositive Order. For purposes of this Rule, "dispositive order" means an order disposing of a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by a defendant, to suppress evidence in a criminal case, to certify or decertify a class, to dismiss for failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action, whether the order grants or denies the motion in whole or in part.

COMMENT: In (b), the movant is responsible for service even if the movant does not prevail, in whole or in part.

In (c), the initiating person carries the same burden as the movant in (b). No proof of service is necessary because the order follows a stipulation.

In (d), the preparer includes the court. If the court prepares the dispositive order, then the court provides all documents, envelopes and postage for service. If the court directs a person to prepare the final order, then that person provides copies of the order, envelopes and postage for the court to complete service after the judicial officer signs the order.

March 1, 2010


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