(a) Service of Non-Dispositive Orders. Unless otherwise directed by the Court, the Clerk shall send the movant seeking a non-dispositive order a
copy of the order signed by the judicial officer. Within 10 days of the date of the order, unless otherwise directed by the judge in a particular case,
the movant shall serve, in accordance with Fed. R. Civ. P. 5, copies of the order on all other parties and promptly file a proof of service.
(b) Stipulations and Orders; Service of Orders. The party initiating a stipulation and proposing an order shall submit a self-addressed stamped
envelope and shall be responsible for serving copies of the order on all other parties within 10 days of the date of the order, unless otherwise directed
by the judge in a particular case. No proof of service is required.
(c) Service of Dispositive Orders. The preparer of a dispositive order, other than a stipulated order, shall submit the proposed order to the
Court with an original and a copy for the Court and sufficient copies and addressed, stamped envelopes for all parties in the case. The Clerk shall mail
to the parties the order or judgment and provide a proof of service for the record of the Court.
(d) 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 (a), the movant is responsible for service even if the movant does not prevail, in whole or in part.
In (b), the initiating party carries the same burden as the movant in (a). No proof of service is necessary because the order follows a stipulation.
In (c), 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 party to prepare the final order, then that party provides copies of the order, envelopes and postage for the Court to complete service
after the judicial officer signs the order.
October 02, 1995
