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Opening a New Adversary Proceeding

Type: 
ECF User Manual
Answer: 

All adversary proceedings are opened manually.  While there is not an official form for the Complaint or other document required to initiate an adversary proceeding, the Adversary Proceeding Cover Sheet, Official Form 1040, is required to be filed as an attachment to the Complaint.  When inputting the information into CM/ECF please be mindful of the following:

  • Adding parties:  Always search for your plaintiffs and defendants before adding a new party to the system.   If applicable, you will search for and/or add all plaintiffs and then search for and/or add all defendants.  When you have finished entering all the plaintiffs, click the button to “End plaintiff selection” after which you will be prompted to begin adding the defendant information.  When you have finished adding the defendant(s) to the case, click the button to “End defendant selection” to proceed.
  • Demand:  Enter the dollar demand to the nearest 000 dollar amount of the judgment being sought (i.e., if you are requesting a judgment for $8000.00, enter a single “8” into this field).
  • Nature of Suit:  When selecting multiple natures of suit, choose the cause of action with the most severe consequences as the primary nature of suit. 
  • Attaching the Adversary Proceeding Cover Sheet:  When adding an attachment, you may type in a description of the document and/or select from the drop down list of predefined descriptions.  Click the “Add to List” button and wait for the document to appear in the box beside the button before clicking “Next.”

The Clerk’s Office will issue the Summons electronically via docket entry.  The plaintiff’s attorney is directed to open and print the attached Summons and serve in accordance with applicable Rules.  Service must be effected within seven (7) days after the Summons is issued. A certificate of service must be filed using the “Summons - Service Executed” event in CM/ECF.