Local Rule Rule 9013-4: Motions—Emergency or Expedited Determination

Rule 9013-4. Motions—Emergency or Expedited Determination

(a) Motion for Both Relief and Determination.

(1) Separate Motion Not Permitted. A movant seeking an emergency or expedited determination of a motion shall embed any request for an order scheduling the emergency hearing or the expedited hearing in that motion and shall not file a separate motion seeking that determination and scheduling.

(2) Determination.

(A) Emergency Determination. If a movant seeks to have the court consider a motion earlier than 48 hours after the motion is filed, the title of the motion shall include the language "Request for Emergency Determination."

(B) Expedited Determination. If a movant seeks to have the court consider a motion earlier than the default deadlines created by these rules or the Federal Rules, but more than 48 hours after the motion is filed, the title of the motion shall include the language "Request for Expedited Determination."

(3) Notify Clerk's Office. If a movant seeks emergency or expedited determination of a motion, after filing the motion, the movant shall immediately call the clerk's office for the limited purpose of informing the clerk that a request for emergency or expedited determination has been made. The movant shall not utilize the self-calendaring process in Local Rule 9013-1(b)(1).

(4) Contents. A motion containing a request for emergency or expedited determination shall (i) list the facts and circumstances that justify such a determination and (ii) identify the day or, alternatively, a range of days, desired by the movant for the determination. The motion may include or be accompanied by documents, affidavits, or a memorandum that includes citations to pertinent authority.

(b) Notice of Hearing. The movant shall advise all interested parties of the date and time of the hearing and any objection deadline, and shall file a certificate setting forth the time, date, and manner in which such notification and the motion were provided to each such party.

(c) Limitation of Notice. If a movant seeks to limit notice of a motion that includes a request for an expedited or emergency determination, the motion shall:

(1) include the language "Request for Limitation of Notice" in its title;

(2) list the facts and circumstances that justify limitation of the notice that would otherwise be required;

(3) designate the recipients to whom the notice should be limited;

(4) recommend a manner of notice reasonably calculated to inform affected parties of the motion and the request for an emergency or expedited determination in a manner that is reasonably appropriate in the circumstances; and

(5) include a representation that the movant made a good faith effort to advise all affected parties of the time and date of the hearing.

(d) Responses.

(1) Emergency Determination. Any written response to a motion requesting emergency determination, including any documents, affidavits, or memoranda supporting that response, is not required though the same may be filed up to the time that the hearing is convened.

(2) Expedited Determination. A written response to a motion requesting expedited determination is required and shall, to the extent possible under the existing circumstances, include the information required for responses to motions that do not seek emergency or expedited determination. A response to a motion seeking expedited determination shall be filed no later than the business day preceding the day of hearing.