Local Rule RULE 9013-1: Motion Practice.

RULE 9013-1. Motion Practice.

(a) Applicability. This Local Rule applies to all motions, applications, and other pleadings requesting an order unless governed by Mont. LBR 9013-1(h), in all contested matters and adversary proceedings.

(b) Form. All motions, including objections to discovery, shall be in writing, except those made during trial or a hearing.

(c) Content of Motion. The body of a motion or an accompanying brief shall state with particularity the relevant law by section and the relevant procedure by rule upon which the moving party relies, specify all relief requested, and include a brief statement explaining why the relief should be granted. If a motion consists of several documents, the moving party shall serve to any party relevant excerpts of all documents and all exhibits.

(d) Multiple Motions. Except for alternative requests for relief or as otherwise provided by rule or order of the court, each motion must be a separate document and filed separately. A document containing multiple motions shall not be filed multiple times using different events. If a party seeks to address two motions in a single filing (e.g., an opposition to summary judgment and a cross-motion for summary judgment), a separate filing for each document must be made. However, the second filing may simply indicate that it incorporates the first filing by reference and need not duplicate it in its entirety.

(e) Service of Motion, Response, and Other Pleadings.

(1) Minimum Service. In addition to all parties entitled to service under the Fed. R. Bankr. P., at a minimum, parties shall electronically serve notice of their respective papers upon all opposing attorneys, U.S. Trustee, trustee, if any, and any self-represented litigants and serve by mail any entity not receiving electronic service. The serving party shall file a Certificate of Service with the Clerk for all entities not receiving electronic service but receiving service by mail or other means.

(2) Certificate of Service or Transmittal. Unless otherwise noted in this Local Rule, an original certificate of service shall be incorporated in, or attached to, each original pleading whenever service or transmittal of a document is accomplished by mail or other means and shall be filed with the Clerk. A certificate of service does not need to include entities served electronically through CM/ECF. The copies served on other entities shall also reflect such proof of service. All proofs of service, except those made by the Clerk or by electronic service under Mont. LBR 9013-1(e)(3), shall be made by a verified statement, under penalty of perjury, identifying the document and stating the date on which it was served or transmitted, the method by which service was accomplished, and include the name and address of each entity served. When a party relies upon a mailing matrix to serve or transmit a document, the party shall attach a copy of the mailing matrix relied upon by the party.

(3) Service by Electronic Means. For purposes of service of motions, documents, pleadings, and other papers, Fed. R. Civ. P. 5(b) shall apply. Service by electronic means is allowed, provided the entity being served consents in writing to such electronic service. All authorized users of CM/ECF have consented to receive electronic service. An entity or the Court may complete service under this Local Rule through electronic means by using the Court's transmission facilities, wherein the notice of electronic filing generated by CM/ECF (which contains a hyperlink to the filed document) shall constitute service of the motion, document, pleading, or other paper without the need for a separate certificate of service on those parties served by electronic means.

(f) Notice of Opportunity to Respond. After each motion, in bold and conspicuous print, the moving party shall include the following language, unless another applicable rule provides for a longer or shorter notice and response period than 14 days (See (g) below):

NOTICE OF OPPORTUNITY TO RESPOND AND REQUEST A HEARING If you object to the motion, you must file a written responsive pleading and request a hearing within 14 days of the motion's date. The responding party shall schedule the hearing on the motion at least 21 days after the date of the response and request for a hearing and shall include in the caption of the responsive pleading in bold and conspicuous print the date, time, and location of the hearing by inserting in the caption the following:

NOTICE OF HEARING Date: Time: Location:

If no objections are timely filed, the Court may grant the relief requested as a failure to respond by any entity shall be deemed an admission that the relief requested should be granted.

(g) Longer or Shorter Notice and Response Periods. If a Fed. R. Bankr. P., or other applicable authority provides a notice period that is longer or shorter than 14 days, the motion should include the Notice required under 9013-1(f), except the period within which a responsive pleading is required shall be amended to include the correct notice period, (7, 21, 28, or another notice period that may be required).

(h) Response to Motion. Unless otherwise provided by the Local Rules, any entity objecting to a motion shall file a response and request a hearing within 14 days of the motion's date and shall, in the response, notice the contested matter for a hearing by including in the caption of the responsive pleading the date, time, and location of the hearing by inserting in the caption in bold and conspicuous print the Notice of Hearing as specified in the subpart (e) above. The notice of the hearing shall provide that the hearing on the contested matter shall be scheduled at the earliest hearing day following the expiration of the 21 days counted after the date of the response and request for a hearing. If no response and request for a hearing is filed within 14 days of the motion's date, the Court may grant the relief requested as a failure to respond by any entity shall be deemed an admission that the relief requested should be granted. Any response must state with specificity the grounds for all objections, including citation to applicable statutes and case law, provisions of any executory contract or unexpired lease in question, and the facts regarding whether any default exists.

(i) Exception for Specific Matters.

(1) Matters Governed by Other Rules. The following matters are governed by the identified Local Rules and follow a similar procedure outlined in Mont. LBR 9013-1:

(A) Motions to Modify Stay, Mont. LBR 4001-1;

(B) Objections to Proofs of Claim, Mont. LBR 3007-1;

(C) Objections to Exemptions, Mont. LBR 4003-3;

(D) Motions to Avoid Liens and Nonpossessory, Non-purchase Money Security Interests, Mont. LBR 4003-4;

(E) Motions for Assumption or Rejection of Executory Contracts and Unexpired Leases, Mont. LBR 6006-1;

(F) Motions to Dismiss or Convert, Mont. LBR 1017-1; and

(G) Objections to Late Filed Claims, Mont. LBR 3002-1.

(2) Matters the Court Will Routinely Grant or Deny, with the Right to Request a Hearing. Upon motion and the submissions of a proposed order, the following matters will be routinely granted or denied, without notice or a hearing, in the Court's discretion, with any party in interest having the right to object, request a hearing, and schedule a hearing to reconsider the issuance of any Order within 14 days of the Order's date.

(A) Change of Venue;

(B) Motion for Rule 2004 Examination;

(C) Extending Time to Pay Filing Fee;

(D) Redemption of Property;

(E) Substitution of an Attorney;

(F) Motion to Appear pro hac vice;

(G) Reaffirmation Agreements (when signed by debtor, creditor, and attorney);

(H) Continuance/Rescheduling of Hearing;

(I) Debtor's Motion to Convert from Chapter 11 to Chapter 7;

(J) Entry of Default;

(K) Expediting Hearing;

(L) Extending Time to File Proofs of Claim;

(M) Participation in FSA Program;

(N) Pay Filing Fees in Installments;

(O) Recusal of Judge;

(P) Reopening Chapter 7, 11, 12, or 13 Case;

(Q) Conduct Appraisal by Creditor of Debtor's Property;

(R) Withdrawal of Trustee's No Distribution Report;

(S) Motion for Final Decree in Chapter 11 case;

(T) Leave to Appeal;

(U) Stay Pending Appeal;

(V) Motion to File Briefs Longer than 15 pages;

(X) Extending Time to File Motion to Dismiss Under § 707(a) or (b);

(Y) Extending Time to File Schedules and/or Statements of Financial Affairs;

(Z) Compelling Turnover of Documents to the U.S. Trustee;

(AA) Motion to Defer Entry of Discharge under Fed. R. Bankr. P. 4004(c)(2);

(BB) Motion by Chapter 7 Trustee for Authority to Operate Business Under § 721;

(CC) Motion to Extend Time to Obtain 15-Day Extension of Temporary Exemption from Credit Counseling Requirement Under § 109(h)(3);

(DD) Motion to Shorten Notice under Fed. R. Bankr. P. 9006(c)(1): and (EE) Motion for Hearing

(j) Notice Required Instead of Motion. Notices and not motions may be filed for the following matters:

(1) Trustee's Transmittal of Unclaimed Funds;

(2) Debtor's conversion of a case from Chapters 12 or 13 to another chapter;

(3) Debtor's amendment of petition, schedules, statement of financial affairs, and any other statement, See Mont. LBR 1007-1 and 1009-1.

(4) Amending Schedules or Statement of Financial Affairs;

(5) Establish Bar Date for Proofs of Claim; and

(6) Notice of Amendment of Statement of Social Security Number;

(k) Proposed Order. Proposed orders shall be submitted via email by the moving party to the bph_propord@mtb.uscourts.gov email address. All proposed orders shall be submitted in a format compatible with Microsoft Word unless expressly directed by the Court to be submitted in an alternative format.

(1) The email subject line of all proposed orders shall contain the following items in the following order: (A) date the item was ripe; (B) case number, in conformity with Mont. LBR 9004-1; (C) the last name or the business name of debtor; (D) the docket number of the filed motion corresponding to the proposed order; and (E) a brief description (e.g., 8/3/22; 0:01-10001, Smith; ECF No. 10 (Order Granting Motion to Dismiss)).

(2) Proposed order titles shall follow Mont. LBR 9013-1(k)(1) naming conventions except that the case number shall be shortened. (e.g., 8/3/22; 01-10001, Smith; ECF No. 10 (Order Granting Motion to Dismiss)).

(3) Except as otherwise provided in Mont. LBR 9013-1(i)(2), proposed orders may not be submitted unless (A) the applicable response or objection period has expired (including any additional time afforded to parties receiving service via mail under Fed. R. Bankr. P. 9006(f)); (B) no timely responses or objections to the motion have been filed; and (C) the moving party has filed a certificate of no objection. No party shall be entitled to the relief sought by motion until an appropriate proposed order is submitted in accordance with this Local Rule. A failure to file a certificate of no objection within 14 days of the expiration of the applicable response or objection time, will result in denial without prejudice of the motion.

(4) Submission of a proposed order constitutes counsel's representation that service has been completed in conformity with applicable rules, that any applicable notice period has expired without objection (including additional time for mailing), and the matter is ripe for the entry of an order.

(5) If a timely objection has been filed and the subject motion has been set for a hearing or otherwise appears on the Court's calendar, a proposed order shall not be submitted unless requested by the Court.

(6) Form of Proposed Orders

(A) All proposed Orders shall be submitted in Times New Roman size 12 font.

(B) All proposed Orders in the case shall use the following caption:

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MONTANA In re NAME OF DEBTOR(S)

Debtor(s).

Case No. 0:00-bk-12345-ABC

(C) All proposed Orders in an adversary proceeding shall use the following caption:

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MONTANA In re JOHN DOE, Debtor.

Case No. 0:00-bk-12345-ABC ROGER TRUSTEE, Plaintiff.

-vs- JOHN DOE, Defendant.

Adv. No. 0:00-ap-78910-ABC

(D) All proposed orders shall state with particularity the relevant law and/or rule upon which the moving party seeks the relief requested and include a brief statement explaining why the relief should be granted. See https://www.mtb.uscourts.gov/local-forms; See also Court's Guidelines on Proposed Orders for samples.

All forms of proposed orders submitted to the Court shall not include a signature line.

(l) Attendance at Hearings. Any party proposing or opposing a motion or application that does not intend to actively pursue or oppose the same shall immediately notify all attorneys of record, self-represented litigants, and Clerk so that the Court, all attorneys, and any self-represented litigants are not required to devote unnecessary attention to the matter or to appear in court. Unless excused by the Court, the failure of any party to attend a duly noticed hearing shall be deemed to waive the pleading, objection, or motion, and is deemed to consent to sustaining or granting the relief sought by the attending party.

(m) Motion to Vacate or Amend an Order. A motion under Fed. R. Bankr. P. 9023 or 9024 (or under Fed. R. Civ. P. 59 or 60) must be filed within 14 days from the date of the Order. Motions captioned as Motions to Reconsider shall be treated as Motions for Relief from a Judgment or Order and should set forth the grounds alleged to satisfy the criteria outlined in Fed. R. Bankr. P. 9023 or 9024 (or Fed. R. Civ. P. 59 or 60).

Related Authority: 11 U.S.C. §§ 102(1)(B)(i) Fed. R. Bankr. P. 9007