Local Rule LBR 9072-1: Orders - Proposed

LBR 9072-1. Orders - Proposed

(a) Scope. The term "order" in this rule refers to any order, judgment, findings and conclusions, or other written decision or explanation of a ruling of the court.

(b) Responsibility to Draft Order. Unless the court directs otherwise, the prevailing party is responsible for drafting a proposed order for submission to the judge.

(c) Format and Content. Unless the proposed order is prepared using a court-issued form order, the following apply.

(1) Space for Judge's Signature on First Page. The top 3 inches of the proposed order's first page must be blank to accommodate placement of the judge's electronic signature.

(2) Hearing Information. If the underlying matter was the subject of a hearing, the date and time of the hearing and the name of the judge hearing the matter must appear on the caption page.

(3) Related Docket Entry. If known at the time of drafting, the number of the docket entry of any related motion or application must appear on the caption page.

(4) Findings and Conclusions Stated on the Record. If the judge indicates at the hearing that the findings and conclusions of the court are being stated on the record, the proposed order may state the following as the basis for the ruling: "For the reasons stated on the record, pursuant to Rule 7052 of the Federal Rules of Bankruptcy Procedure,..."

(5) Adequate Description of Relief Granted. The text of the proposed order must provide an adequate description of the specific relief being granted, rather than a mere recitation that the motion has been granted.

(6) Reference to Another Document. If the order approves another document such as a plan, disclosure statement, or agreement, a copy of the subject document must be attached as an exhibit.

(7) Notice List. The notice list required by LBR 9022-1(b) should be attached to the proposed order as a separate page.

(8) End of Order. The text "END OF ORDER" in bold, upper case letters and centered on the page, must be placed at the end of the order.

(9) Identification of Drafting Party. The drafting party's name, address, telephone number, fax number, and email address must be placed at the end of the order, immediately below the "END OF ORDER" notation. If prepared by counsel, the representation must be stated, e.g., "Attorney for Debtor."

(d) Preparation and Approval of Proposed Order.

(1) When Approval as to Form Not Required. Unless the court directs that other parties approve the order as to form, the drafting party must submit the proposed order to the court within 7 days after the announcement of the court's ruling.

(2) When Approval as to Form Required. If the court directs that certain parties approve the order as to form, the drafting party must circulate the proposed order for approval within 7 days after the announcement of the court's ruling and submit the proposed order promptly to the court after all approvals have been given or waived. If one or more of the parties objects to the form of order, the drafting party must promptly submit the proposed order to the court as provided in paragraph (e)(2) below and provide notice of the submission to the other parties.

(3) Opportunity to Object to Form of Order. If the court has provided the opportunity for other parties to object to the form of order, an objecting party may submit, in the manner provided in paragraph (e)(2) below, a statement of objections and an alternate form of order within 7 days after the date of the drafting party's notice of submission of the proposed order. Thereafter, the court may take such action as is appropriate in the circumstances.

(4) Use of /s/. An attorney's electronic submission of a proposed order with the signatures of other individuals using the "/s/" convention is that attorney's representation to the court that the signatory has explicitly authorized the affixing of his or her signature to the document. An attorney's electronic submission of a proposed order is that attorney's representation to the court that the attorney has complied with the applicable provisions of this rule.

(5) Reservation of Court's Discretion. Nothing in this rule limits the court's discretion to dispense with the approval as to form of a proposed order, to shorten or lengthen the time periods stated in this rule, or to enter an order at any time.

(e) Electronic Submission of Proposed Order

(1) CM/ECF Order Upload. Unless paragraph (2) applies, a proposed order should be submitted to the court in PDF format using the Order Upload module in CM/ECF.

(2) Submission by Email. If (i) a party submits proposed findings of fact and conclusions of law, (ii) a party entitled to approve the form of an order has failed or refused to do so timely, (iii) the party wishes to present with the proposed order a letter or other document (such as a redlined version of the order), or (iv) the court so directs, the drafting party shall submit the proposed order by email to orders@hib.uscourts.gov as a word processing file. Objections to proposed orders and alternate forms of order shall be submitted in the same manner. The email transmission must be copied to other parties who appeared at the hearing who have email addresses in the record. The email subject line or body of the message must clearly state:

(A) The number of the case or proceeding;

(B) The name of the debtor(s) or the short title of the action, e.g., Able v. Baker;

(C) A brief description of the order's subject matter, e.g., Order Granting Relief from Stay; and

(D) If all parties directed to approve the form of order have not given their approval the form of order, the names of the parties and their counsel who have withheld approval.

(f) Proposed Order to be Submitted Separately from Motion. A proposed order must be submitted separately from a motion or other document filed with the court. A proposed order attached to a filed document is treated only as an exhibit and will not be reviewed for action by the judge.

(g) Stipulated Orders. A stipulation submitted with a line or space for the judge to sign "Approved and So Ordered" will not be filed and entered on the docket until after being signed by the judge. If the underlying matter may be affected by a filing deadline, the stipulation should be filed separately prior to submitting a proposed order attaching a copy of the stipulation as an exhibit.

(h) Amended Orders. If an order has been entered that contains a typographical or other error that is not substantive, an amended order may be submitted without filing a motion to alter or amend the existing order. In this situation, the amended order being submitted must concisely describe either in the first paragraph or in a footnote on the first page the correction that is the purpose of the amendment. Any amendment that is substantive in nature must be sought by way of an appropriate motion.

(i) Conformed Copies. If the party submitting the order wishes additional conformed copies, the clerk will conform a reasonable amount of additional copies. If stamped, addressed envelopes are provided, the clerk will mail the copies of the order to the addressees. Otherwise, the conformed copies will be available in the Clerk's Office for 30 days.