Local Rule 9013-1: Motion Practice

Rule 9013-1 Motion Practice

(a) Content of Motion or Application. A motion or other application governed by Rule 9014, Federal Rules of Bankruptcy Procedure must include or be filed concurrently with: (1) a clear and concise written statement of the relief requested and reasons in support thereof, including relevant facts and citations to authorities upon which the moving party relies; (2) related exhibits, including: [A] Legible copies of all documentary evidence that the moving party intends to submit in support of the motion or application; [B] a copy of a proposed order on the motion or application, unless such order is requested ex parte; and (3) any supporting affidavits or declarations.

(b) Opposition to Motion or Application. Unless another time is specified in the Federal Rules of Bankruptcy Procedure or these Rules, a party wishing to oppose a motion or application must, within twenty-one (21) days of service of notice of the underlying motion or application, serve and file a written opposition including: (1) a clear and concise written statement of the opposition and reasons in support thereof, including relevant facts and citations to authorities upon which the opposing party relies; (2) related exhibits, including legible copies of all documentary evidence that the opposing party intends to submit in support of the opposition; (3) any supporting affidavits or declarations.

(4) The opposing party may attach as an exhibit to the opposition an alternate form of order on the underlying motion or application.

(c) Reply by Moving Party.

(1) Within seven (7) days after the service of an opposition to the underlying motion or application, the moving party may serve and file a reply brief.

(2) For motions brought under Rules 12(b), 12(c), and 56 of the Federal Rules of Civil Procedure, the reply deadline is extended to fourteen (14) days after service of the opposition.

(d) Stipulations Extending Time. The parties may stipulate, in writing filed with the court, to an extension of the deadline to file opposition or reply briefs.

(1) Any stipulation for an extension of time as provided in this subdivision for a period of ten (10) days or less, is effective upon filing without court order.

(2) Any stipulation for an extension of time to file an opposition or reply in excess of ten (10) days requires court approval, and must be accompanied by a separately-lodged proposed order approving the stipulation.

(e) Failure to File Briefs. Failure to file opposition or reply briefs within the time prescribed (or within any extension granted by the court or stipulated to by the parties) may subject the motion or application to summary ruling by the court.

(f) Ex Parte Motions.

(1) All ex parte motions must: [A] be served on all parties affected by the motion, or the party's representative, at or before the time the motion is filed with the court, or contain a statement as to why it should not be so served; [B] contain a statement of the authority for the court to grant the motion without notice and hearing; [C] if applicable, contain a statement of whether the moving party has conferred with the party(ies) affected by the motion and whether or not the motion is opposed; and [D] be accompanied by a proposed order lodged with the court.

(2) The court may, in its discretion, require a hearing before ruling on the motion.

(g) Failure to Pay Filing Fees. If the required filing fee for a document is not received by the Clerk of Court within three (3) business days of the date the document is filed for electronic filing, or seven (7) days for hard copy filings, the court may issue an order to show cause why the relief sought by the movant should not be denied.