§ Rule 4.1 Service of Pleadings

Codes > United States Code > Title 28 : Part IV > Chapter 87 : Rules of > I Rules : Rule 4.1

Rule 4.1. Service of Pleadings

    (a) Proof of Service. The Panel's notice of electronic filing shall constitute service of pleadings. Registration/possession by counsel of a CM/ECF account with any United States federal court shall be deemed consent to receive electronic service of all pleadings. All pleadings shall contain a proof of service on all other parties in all involved actions. The proof of service shall indicate the name and manner of service. If a party is not represented by counsel, the proof of service shall indicate the name of the party and the party's last known address. The proof of service shall indicate why any person named as a party in a constituent complaint was not served with the Section 1407 pleading.

    (b) Service Upon Transferor Court. The proof of service pertaining to motions for a transfer or remand pursuant to 28 U.S.C. § 1407 shall certify that counsel has transmitted a copy of the motion for filing to the clerk of each district court where an affected action is pending.

    (c) Notice of Appearance. Within 14 days after the issuance of a (i) notice of filing of a motion to initiate transfer under Rule 6.2, (ii) notice of filed opposition to a CTO under Rule 7.1, (iii) a show cause order under Rules [FN1] 8.1, (iv) notice of filed opposition to a CRO under Rule 10.2, or (v) notice of filing of a motion to remand under Rule 10.3, each party or designated attorney as required hereinafter shall file a Notice of Appearance notifying the Clerk of the Panel of the name, address and email address of the attorney designated to file and receive service of all pleadings. Each party shall designate only one attorney. Any party not represented by counsel shall be served by mailing such pleadings to the party's last known address. Except in extraordinary circumstances, the Panel will not grant requests for an extension of time to file the Notice of Appearance.

    (d) Liaison Counsel. If the transferee district court appoints liaison counsel, this Rule shall be satisfied by serving each party in each affected action and all liaison counsel. Liaison counsel shall receive copies of all Panel orders concerning their particular litigation and shall be responsible for distribution to the parties for whom he or she serves as liaison counsel.

    [FN1] So in original.