Local Rule RULE 9013-2: Briefs and Memoranda of Law.

RULE 9013-2. Briefs and Memoranda of Law.

(a) Memoranda of Law. Motions, responses to motions, objections, and responses to objections shall be supported by a memorandum of law filed with, or as a part of the motion, objection, or response, except as provided in subsection (b) below. Such memoranda shall be succinct and shall not exceed 15 pages without prior leave of the Court and include a concise statement of the facts and each basis for the pleading with relevant citations to legal authorities. Memoranda opposing the motion or objection shall be filed within 14 days after service of the motion or objection, or as otherwise directed by the Court and shall not exceed ten pages, without prior leave of the Court. Memoranda in support of or in opposition to motions for summary judgment shall not exceed 25 pages. Any reply memoranda by the party moving for summary judgment shall not exceed ten pages. Parties who cite authority not generally available on Westlaw shall provide a copy to the Court. [See also Mont. LBR 7056-1 for special requirements applicable when the memorandum of law is being filed in support of a motion for summary judgment.]

(b) Motions Not Requiring Memoranda of Law. Unless otherwise directed by the Court, memoranda of law are not required for the following motions:

(1) to obtain an extension of time, provided that the request is made before the expiration of the period originally prescribed by applicable rule, statute, order, or as extended by a previous order;

(2) to continue a pretrial conference, hearing, motion, or the trial of an action;

(3) to demand a more definite statement;

(4) to waive debtor's appearance at the meeting of creditors pursuant to 11 U.S.C. § 341;

(5) to amend the petition or schedules or statements;

(6) to affect a substitution of parties;

(7) all motions routinely granted under Mont. LBR 9013-1(i)(2);

(8) compelling turnover of property to trustee; or

(9) to modify the automatic stay under 11 U.S.C. § 362(a).

Related Authority: Fed. R. Bankr. P. 7004 and 9014 Mont. LBR 7016-1 Comment: Pursuant to Fed. R. Bankr. P. 7004(b)(9) and 9014(b), all motions directed to debtor, in addition to being served upon debtor's counsel, must be served upon debtor by mailing a copy of the motion "to the debtor at the address shown in the petition or to such other address as debtor may designate in a filed writing." Such service can be accomplished by First Class Mail, but debtor must be served as well as its counsel. Proof of service upon debtor is required.