Local Rule LBR 9013-2: Briefs and Memoranda of Law

LBR 9013-2. Briefs and Memoranda of Law

(a) Length of Briefs and Memoranda.

(1) Supporting or Responsive Brief. A supporting or responsive brief or memorandum, as the terms are defined in LBR 9013-1, may not exceed 25 pages in length unless the filing party certifies that it contains no more than 6,250 words.

(2) Reply Brief. A reply brief or memorandum may not exceed 15 pages in length unless the filing party certifies that it contains no more than 3,750 words.

(3) Word Limits. Headings, footnotes, and quotations count toward the word limits. The case caption, table of contents, table of authorities, exhibits, declarations, and certificates of counsel do not count toward the page or word limits.

(4) Certificate of Compliance. A brief or memorandum submitted under the word and line limits permitted by this rule must include a certificate by the filing party that the document complies with the applicable word limits. The person preparing the certificate may rely on the word or line count of the word-processing system used to produce the document. The certificate must state either the number of words in the document.

(b) Table of Contents. Briefs and memoranda exceeding 10 pages must include a table of contents and a table of authorities cited.

(c) Affidavits and Declarations. Factual allegations made in support of or in response to any motion must be supported by affidavits or declarations. Affidavits and declarations may contain only facts, must conform to the requirements of Fed. R. Civ. P. 56(e) and 28 U.S.C. § 1746, and must avoid conclusions and argument. Any statement made upon information or belief must specify the basis therefor. The court may disregard affidavits and declarations not in compliance with this rule.

(d) Uncited Authorities. If, after briefing on a motion is complete under the rules, a party intends to rely on authorities not previously offered to the court, that party may promptly file a Notice of Supplemental Authorities. The Notice of Supplemental Authorities shall list the additional authorities, including pinpoint citations, on which the party intends to rely and include a short parenthetical describing the proposition of law for which each authority is cited. No further analysis or argument is permitted. Absent extenuating circumstances, the court will not consider the submission of any supplemental authority that was available at the time of the filing of the party's last brief.