Local Rule D.N.J. LBR 9013-2: Motions: Filing and Service; Hearing Date
Bankr. D.N.J. — General rule
D.N.J. LBR 9013-2. Motions: Filing and Service; Hearing Date
(a) Filing and service.
(1) Unless specified elsewhere in these Rules, a motion must be filed and served under Bankruptcy Rule 7004 not later than 21 days before the hearing date.
(2) Any (i) opposition to a motion or (ii) cross-motion must be filed and served not later than 7 days before the hearing date. A cross-motion must directly relate to the original motion.
(3) Any (i) reply or (ii) opposition to a cross-motion must be filed and served not later than 4 days before the hearing date.
(b) Hearing date. Unless specified elsewhere in these Rules, the movant must schedule the hearing date for the motion. Hearing dates for each judge are available on the court's website.
(c) Application to shorten time. A movant seeking shortened time for hearing on a motion must file Local Forms Application for Order Shortening Time and Order Shortening Time Period for Notice, Setting Hearing and Limiting Notice. Movant must immediately notify the court at the presiding judge's chambers's email address. If granted, the motion must be served as set forth in the Order Shortening Time and the movant must file Local Form Certification of Service.
2025 Comment Subdivision (a)(1) is amended to clarify the service requirements for contested matters under Bankruptcy Rules 7004, 9013, and 9014.
Subdivision (c) is amended to require contemporaneous notice to chambers.
2020 Comment The changes to Bankruptcy Rule 9036 (effective December 1, 2019) do not eliminate the requirement that a motion or cross-motion must be served by non-electronic means because motions must be served in accordance with Bankruptcy Rule 7004.
2019 Comment Subdivisions (a)(1) and (b) are amended to include the phrase "unless specified elsewhere in these Rules" to account for rules, such as Local Bankruptcy Rule 4001-4, that permit an expedited motion procedure.
2015 Comment This Rule is new. It is derived from Local Bankruptcy Rule 9013-1.
A motion or cross-motion must be served by non-electronic means under Local Bankruptcy Rule 5005-1(c)(1)(B). Service of a motion or cross-motion by e-mail or Notice of Electronic Filing is not proper service.
Local Bankruptcy Rule 5071-1 addresses adjournment requests.
Local Bankruptcy Rule 7065-1 addresses use of an order to show cause.