Rule 8011 — Filing and Service; Signature

Fed. R. Bankr. P. 8011

• Source: Federal Rules of Bankruptcy Procedure
• Rule: 8011
• PART X: [ABROGATED]
• Citation: Fed. R. Bankr. P. 8011

Text

(a) FILING.
(1) With the Clerk. A document required or permitted to be
filed in a district court or BAP must be filed with the clerk
of that court.
(2) Method and Timeliness.
(A) Nonelectronic Filing.
(i) In General. For a document not filed electroni-
cally, filing may be accomplished by mail addressed to
the district or BAP clerk. Except as provided in (ii)
and (iii), filing is timely only if the clerk receives the
document within the time set for filing.
(ii) Brief or Appendix. A brief or appendix not filed
electronically is also timely filed if, on or before the
last day for filing, it is:
• mailed to the clerk by first-class mail—or other class of mail
that is at least as expeditious—postage prepaid; or
• dispatched to a third-party commercial carrier for delivery
to the clerk within 3 days.
(iii) Inmate Filing. If an institution has a system de-
signed for legal mail, an inmate confined there must
use that system to receive the benefit of this item (iii).
A document not filed electronically by an inmate con-
fined in an institution is timely if it is deposited in the
institution’s internal mailing system on or before the
last day for filing and:
• it is accompanied by a declaration in compliance with 28
U.S.C. §1746—or a notarized statement—setting out the date of
deposit and stating that first-class postage is being prepaid; or
by evidence (such as a postmark or date stamp) showing that
the notice was so deposited and that postage was prepaid; or
• the appellate court exercises its discretion to permit the
later filing of a declaration or notarized statement that satis-
fies this item (iii).

(B) Electronic Filing.
(i) By a Represented Person—Generally Required;
Exceptions. An entity represented by an attorney must
file electronically, unless nonelectronic filing is al-
lowed by the court for cause or is allowed or required
by local rule.
(ii) By an Unrepresented Individual—When Allowed
or Required. An individual not represented by an attor-
ney:
• may file electronically only if allowed by court order or by
local rule; and
• may be required to file electronically only by court order, or
by a local rule that includes reasonable exceptions.
(iii) Same as a Written Paper. A document filed elec-
tronically is a written paper for purposes of these
rules.
(C) When Paper Copies Are Required. No paper copies are
required when a document is filed electronically. If a docu-
ment is filed by mail or by delivery to the district court
or BAP, no additional copies are required. But the district
court or BAP may, by local rule or order in a particular
case, require that a specific number of paper copies be filed
or furnished.
(3) Clerk’s Refusal of Documents. The court clerk must not
refuse to accept for filing any document solely because it is
not presented in proper form as required by these rules or by
any local rule or practice.
(b) Service of All Documents Required.1 Unless a rule requires serv-
ice by the clerk, a party must, at or before the time of the filing
of a document, serve it on the other parties to the appeal. Service
on a party represented by counsel must be made on the party’s
counsel.
(c) MANNEROFSERVICE.
(1) Nonelectronic Service. Nonelectronic service may be by any
of the following:
(A) personal delivery;
(B) mail; or
(C) third-party commercial carrier for delivery within 3
days.
(2) Service By Electronic Means. Electronic service may be
made by:
(A) sending a document to a registered user by filing it
with the court’s electronic-filing system; or
(B) using other electronic means that the person served
consented to in writing.
(3) When Service Is Complete. Service by mail or by third-
party commercial carrier is complete on mailing or delivery
to the carrier. Service by electronic means is complete on fil-
ing or sending, unless the person making service receives no-
tice that the document was not received by the person served.
(d) PROOFOFSERVICE.
(1) Requirements. A document presented for filing must con-
tain either of the following if it was served other than through
the court’s electronic-filing system:
1So in original. The heading probably should not be italicized.

(A) an acknowledgement of service by the person served;
or
(B) proof of service consisting of a statement by the per-
son who made service certifying:
(i) the date and manner of service;
(ii) the names of the persons served; and
(iii) the mail or electronic address, the fax number,
or the address of the place of delivery—as appropriate
for the manner of service—for each person served.
(2) Delayed Proof of Service. A district or BAP clerk may ac-
cept a document for filing without an acknowledgement or
proof of service, but must require the acknowledgment or
proof of service to be filed promptly thereafter.
(3) For a Brief or Appendix. When a brief or appendix is filed,
the proof of service must also state the date and manner by
which it was filed.
(e) SIGNATUREALWAYSREQUIRED.
(1) Electronic Filing. Every document filed electronically
must include the electronic signature of the person filing it or,
if the person is represented, the counsel’s electronic signature.
A filing made through a person’s electronic-filing account and
authorized by that person—together with that person’s name
on a signature block—constitutes the person’s signature.
(2) Paper Filing. Every document filed in paper form must be
signed by the person filing it or, if the person is represented,
by the person’s counsel.
(Added Apr. 25, 2014, eff. Dec. 1, 2014; amended Apr. 26, 2018, eff.
Dec. 1, 2018; Apr. 2, 2024, eff. Dec. 1, 2024.)