Local Rule Rule 9013-1: Motions—General

Rule 9013-1. Motions—General

(a) Proposed Order. Each written motion shall be accompanied by a proposed form of order. To the extent that a party consents to the relief requested in a motion, the movant shall identify consenting parties. Otherwise, the proposed order shall indicate that it is issued after notice and hearing or an opportunity for a hearing. If an applicable form of order is posted on the court's website, the movant shall use that form as the proposed form of order.

(b) Hearings.

(1) Scheduling. Except as set forth otherwise in Local Rules 9013-3, 9013-4, and 9013-5, it is the responsibility of the movant to obtain and schedule a hearing date that provides adequate time for filing, notice, and response. The movant shall self-calendar a non-evidentiary hearing using the hearing dates found on the court's website, or if the movant is unrepresented, call the clerk's office.

(2) Notice and Timing. Except as set forth otherwise in Local Rules 2002-1, 9013-3, 9013-4, and 9013-5, the movant shall file and provide notice of the time and date set for the hearing to all interested parties. Unless provided otherwise in the Local Rules, the hearing date for a motion shall be no less than 21 days from the date on which the motion was filed. Unless the moving party obtains relief under Local Rule 9013-4(a)(2), the response date shall be no less than 14 days from the date the motion is filed, and the response date shall not be less than seven calendar days prior to the hearing date.

(c) Written Response. Any party objecting to the entry of the order requested by motion shall file a written response to the motion no later than the response date set in the hearing notice.

(1) Substance of Written Response. Every written response to a motion shall assert such defenses or other matters as may be required to inform the court of the responding party's position.

(2) When the Written Response Must Admit or Deny. When a motion includes a separately identified statement of facts under the header "Facts," any written response shall admit or deny each factual allegation in accordance with Fed. R. Civ. P. 8(b).

(d) Reply Permitted.

(1) A reply, limited to five pages, is not required but is permitted if the reply has information that is:

(A) not repetitive of materials contained in the motion or opening brief, and

(B) responsive to material raised in the opposition to the motion or opening brief.

(2) The deadline for filing a reply is noon Eastern Time two business days before the hearing.