Local Rule RULE 9013–1: Motions; Form and Service

RULE 9013–1 Motions; Form and Service

(a) Requirement of Written Motion. All motions shall be in writing and filed with the Court using the applicable NextGen CM/ECF docketing events, unless made during a hearing or trial.

(b) General Procedure for Motions.

(1) Grounds for, Relief Sought. All motions, responses, objections, applications (other than for compensation) and similar requests shall state with particularity the grounds therefor and shall set forth the relief or order sought.

(2) Optional Supporting Memorandum. A memorandum of facts and law filed by the parties in instances where they have determined that a memorandum would materially assist the Court in its determination of the issues, shall be filed and simultaneously served, with proof of such service filed with the Court, upon all appropriate parties no later than seven (7) days prior to the hearing on the matter, unless otherwise ordered by the Court. Supporting affidavits or documents entitling the movant to the relief requested may be filed with a motion.

(c) Required Notice. Unless a contemporaneous motion is filed under Local Bankruptcy Rule 9013–2, a motion filed with the Court, including a motion filed in an adversary proceeding, shall include or be accompanied by a conspicuous notice of the motion, objection deadline, and hearing, if applicable. The notice must conform substantially to Official Form B 420A.

(1) Exceptions. In addition to those pleadings specifically set forth in these Local Bankruptcy Rules, the following motions do not require a separate notice: (A) a debtor's motion to convert to chapter 7 under 11 U.S.C. §§ 1112(a), 1208(a), or 1307(a); (B) a joint mediation motion pursuant to Local Bankruptcy Rule 9019–2(c)(2); (C) a consent motion to extend deadlines in adversary proceedings; (D) a motion for conditional approval of disclosure statements in small business cases under 11 U.S.C. § 1125(f)(3); or (E) a motion to restrict public access under Federal Rule 9037(h).

(d) Deadline for Response. Unless a different time is prescribed by any statute, Bankruptcy Rule, Local Bankruptcy Rule, or pre-hearing or other order entered by the Court with respect to a motion, a response shall be filed with the Court and served upon the proponent of such motion as follows:

(1) When a hearing has not been set or requested, the moving party shall serve a notice of opportunity to object and request hearing. Unless otherwise set out in these Local Bankruptcy Rules, the opposing party may file a response within fourteen (14) days, but not thereafter without leave of the Court unless the motion relates to a matter for which a longer notice is required under Bankruptcy Rule 2002(a). The movant may file a reply within seven (7) days after the filing of the response. If the notice of opportunity to request a hearing procedure is used and the opposing party serves and files a timely request for a hearing, the moving party shall obtain a hearing date from the Clerk and give notice to the opposing party of the hearing date.

(2) When a hearing has been set on at least twenty-one (21) days' notice, the opposing party may file a response no later than seven (7) days before the date of the hearing.

(3) When a hearing has been set on less than twenty-one (21) days' notice, unless the Court directs otherwise, the opposing party may file a response no later than three (3) business days before the date of the hearing. A hearing may not be set by a party on less than fourteen (14) days' notice unless the Court grants a motion requesting an expedited hearing pursuant to Local Bankruptcy Rule 9013–2. If a hearing is set on an expedited basis, the opposing party may file a response no later than one (1) business day before the date of the hearing or as otherwise directed by the Court.

(4) When an objection to a claim is filed, the opposing party may file a response within thirty (30) days of the filing of the objection.

(e) Responses to Motions.

(1) Requirement of Written Response. Except as otherwise provided by the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, these Local Bankruptcy Rules, or by order of the Court, a response in opposition to a motion must be in writing, state with particularity the grounds therefor, be filed with the Court and served upon all parties affected thereby and the United States Trustee.

(2) Optional Supporting Materials. Unless otherwise directed by the Court, a party filing a response to a motion may file therewith a memorandum of points and authorities setting forth a concise statement of the facts and supporting reasons, along with a citation of the authorities upon which the party relies. The memorandum and the motion or response thereto, may be combined in a single pleading. Supporting affidavits or documents entitling the movant to the relief requested may be filed with a motion.

(3) Effect of Not Timely Filing a Response. If a response is not timely filed and served, the Court may deem the opposition waived, treat the motion, application, pleading, or proposed action as conceded, and enter an appropriate order granting the requested relief without a hearing.

(f) Certificate of Service. For each pleading, motion, and other paper required to be served upon a party, a certificate of service certifying that copies were served and detailing the date, manner of service, and the names and addresses of those served for each recipient who is not being served through NextGen CM/ECF shall be filed. A certificate of service may be included at the end of a pleading or may be filed separately from the served document. A separately filed certificate of service need not be served. If not filed with the pleading, a certificate of service shall be filed within seven (7) days of the service date of the filed document. If a document requests expedited relief or a hearing on shortened notice, the certificate of service shall be filed in advance of the hearing. For each recipient who is being served through NextGen CM/ECF, the attorney or pro se party filing the pleading or document shall ensure that all persons listed as being served via NextGen CM/ECF are registered to receive NextGen CM/ECF notice in the case or must effectuate service by other appropriate means. Notwithstanding the foregoing, the names and addresses of those served may be excluded from the copies of each pleading, motion, or other paper served upon a party in hard copy.