Local Rule 9021-1: Orders, Findings, Conclusions, Judgments

Rule 9021-1 Orders, Findings, Conclusions, Judgments

(a) Form and Content.

(1) All proposed orders, judgments, and findings of fact and conclusions of law must be in writing, and, unless entered by the Clerk of Court as provided in Rule 58, Federal Rules of Civil Procedure and AK LBR 5075-1, shall be prepared by the attorney representing the prevailing party, unless otherwise ordered by the court.

(2) Parties filing stipulations must lodge a separate proposed order on the stipulation.

(3) Every judgment or order, including orders on stipulations, must be lodged separately from the motion, stipulation or other request for the order, and must set forth its terms with particularity.

(4) All orders or judgments prepared for signature must include the typed name of the ordering judge, if known, in all capital font immediately under the signature line.

(b) Lodging.

(1) Lodging is accomplished by the following: [A] For CM/ECF participants, by emailing the proposed order, judgment, or findings of fact and conclusions of law in word processing format to the court at ecf_orders@akb.uscourts.gov, in accordance with AK LBR 5005-1(e).

(i) The subject line of emails to the court attaching lodged orders must include, at minimum, the number of the case or adversary proceeding in which the underlying pleading was filed. [B] For any other parties, by submitting the proposed order, judgment, or findings of fact and conclusions of law conventionally to the Clerk of Court.

(2) Proposed orders or judgments attached as exhibits to a motion or application, or otherwise filed on the case docket, must be separately lodged with the court. Orders filed on the case docket shall not be deemed lodged and will not be entered.

(3) Orders After Hearings on Contested Motions. [A] (i) Any order lodged after a hearing on a contested motion must be served on the opposing party(ies) and their attorney(s), if any, prior to the order being lodged with the court.

(ii) A certificate demonstrating completion of the service under (c)(1)[A] above must be filed with the court when the order is lodged. [B] (i) Any opposing party unsatisfied with a proposed order must submit a motion for amendment, alteration or other modification of that order in accordance with Rules 52(b) or 59(e), Federal Rules of Civil Procedure, made applicable through Rules 7052 and 9023, Federal Rules of Bankruptcy Procedure.

(ii) Any motion to modify a proposed order must attach as an exhibit an alternate form of proposed order.

(4) Any order submitted after a hearing must include reference to the hearing date.

(c) Time for Lodging; Prohibition Against Premature Lodging.

(1) When a matter is set for hearing, no proposed order or findings memorializing the court's ruling may be lodged until after the hearing has concluded, unless otherwise provided in these Rules or ordered by the court.

(2) For a motion or application that has not been set for hearing, a proposed order may be lodged only after the opposition deadline has passed and either: [A] no opposition has been timely filed and served, and a Certificate of No Objections (AK LBF 4) has been filed with the court; or [B] opposition has been filed, but - (i) neither the movant nor the opposing party has submitted a Calendar Request (AK LBF 7) seeking a hearing on the opposed matter; and (ii) seven (7) days have passed after the opposition deadline. [C] In instances where no opposition has been filed or where neither party has requested a hearing, it is the responsibility of the moving party to submit an appropriate order or findings for the court's consideration no later than fourteen (14) days after the opposition deadline.

(3) A proposed order on an ex parte motion must be lodged when the underlying motion is filed.

(4) Orders submitted prematurely may be rejected by the court.