Local Rule LBR 9013-2: Emergency Hearings

LBR 9013-2 Emergency Hearings To request a hearing on 48 hours or less notice, movant should contact the courtroom deputy at the contact information listed on the Website. A motion may be heard on an emergency basis only if it: (1) arises from an occurrence that could not reasonably have been foreseen, and (2) requires immediate action to avoid serious and irreparable harm.

(a) Application to Set Emergency Hearing. To present an emergency motion, a party must:

(1) File an application to set a hearing on the emergency motion stating:

(A) the reasons why the motion should be heard on an emergency basis; and

(B) the proposed date and time for a hearing on the emergency motion.

(2) Attach the proposed emergency motion to the application to set hearing; and

(3) Include a proposed order.

(b) Procedure After Application Filed. If the application is granted, the movant must:

(1) Immediately notify by telephone, email or personal service all parties entitled to notice, including the United States Trustee, the trustee, and all parties potentially affected by the motion, of the date, time, and place of the hearing on the emergency motion; and

(2) file the emergency motion along with all other required documents under these rules.

If the application to set an emergency motion is denied, the movant may notice the motion for hearing consistent with LBR 9013-1.