Local Rule LR 7.1: Motion Practice

LR 7.1 - Motion Practice a. Oral Argument. 1. Motion day will be Thursday of each week. Unless the judge orders otherwise, the clerk will calendar motions in accordance with this Rule. 2. Oral argument is at the discretion of the Court but will normally be heard unless the Court enters an order indicating otherwise or the motion is a non-hearing motion. 3. The following motions will be non-hearing motions to be decided on the documents: A. motions to alter, amend, or reconsider a judgment or order; B. motions for judgment as a matter of law or for a new trial; C. motions for clarification of a judgment or order; D. motions to proceed in forma pauperis; E. motions for appointment of counsel; F. motions to appear by telephone or video teleconference; G. motions to exceed page limits; H. motions to extend or shorten time; I. stipulated motions; J. motions for certification of finality under Fed. R. Civ. P. 54(b); K. appeals from a magistrate judge's decision or order; and L. objections to a magistrate judge's report and recommendation.

The Court, in its discretion, may set any of the foregoing motions for hearing sua sponte or upon application by a party.

b. Notice and Supporting Documents. 1. All motions, except for non-hearing motions, applications for a temporary restraining order and motions made during a trial or hearing, must be noticed in writing on the motion calendar for hearing not less than thirty-four (34) days after filing. 2. Each notice of motion must be accompanied, where appropriate, by affidavits or declarations under penalty of perjury (in conformity with 28 U.S.C. § 1746) sufficient to support any material factual contentions, and by an appropriate legal memorandum or brief, including, where appropriate, citations to these Rules. 3. An exhibit in a foreign language, when offered in support of or opposition to a motion, must be accompanied by a translation that complies with LR 16.5(a)(4). 4. Proposed orders must be e-mailed to usdcnmi@nmid.uscourts.gov in a word processing format (e.g., Microsoft Office Word® or Corel WordPerfect®) and copied or otherwise served on each party that has appeared in the action.

c. Hearing Date; Opposition, and Reply. 1. Hearing Date. Unless the parties arrange with the docket clerk for a different hearing date, a motion will be heard on the first Thursday not less than thirty-four (34) days after the motion is filed. 2. Opposition. The opposing party must file an opposition (or statement of non-opposition) to a motion no later than fourteen (14) days after the motion is served. An opposition that is untimely filed may be disregarded by the Court and stricken from the record. Failure to timely file an opposition may be deemed an admission that the motion is meritorious. 3. Reply. The movant must serve and file any reply to the opposition no later than seven (7) days after the opposition is served. A reply that is untimely filed may be disregarded by the Court and stricken from the record. 4. No Further Filings Allowed. No further filings or replies will be accepted without leave having first been obtained from the Court. Any filing made in violation of this rule will be stricken.

d. Briefs and Memoranda: General Requirements and Sanctions. 1. Length. Briefs and memoranda supporting or opposing a motion must not exceed twenty-five (25) pages in length. Reply memoranda must not exceed ten (10) pages in length. Briefs or memoranda exceeding ten (10) pages must have a table of contents and a table of authorities cited. A party wishing to exceed the page limit must first move to do so, without attaching the brief or memorandum. If the motion is granted, the party will then file its brief or memorandum. Any pages in excess of the number allowed by local rule or court order will be stricken. 2. Format. All briefs and memoranda supporting or opposing a motion must conform to the requirements of LR 5.2.

e. Continuance of Scheduled Motion Hearings. In accordance with the procedure set forth in LR 7.1(f) for extending time, a party or parties may move, in writing, to continue a motion hearing at any time prior to the scheduled hearing for good cause.

f. Extending or Shortening Time and Emergency Motions. 1. Caption. The caption to any motion under this section must include, in capital letters and boldface type: A. MOTION TO EXTEND (OR SHORTEN) TIME UNDER LOCAL RULE 7.1(f), or B. EMERGENCY MOTION UNDER LOCAL RULE 7.1(f) 2. Extending Time. A motion for relief from a deadline should, whenever possible, be filed by stipulation sufficiently in advance of the deadline to allow the Court to rule on the motion prior to the deadline. Parties should not assume that the motion will be granted and must comply with the existing deadline unless the Court orders otherwise. 3. Motion Content. Every stipulation or duly noticed motion to extend or shorten time or for court resolution of any emergency dispute must: A. Inform the Court of any previous extensions granted if an extension is requested; B. State the reasons and any legal basis for the request; C. Indicate the effect, if any, on any deadlines previously set; D. Include a request to continue the hearing if a request for an extension to file a brief would leave less than 7 days between the last filing date and the hearing date; and E. In the absence of a stipulation, the moving party must include a statement certifying that, after participation in a meet-and-confer process to resolve the dispute, the movant has been unable to resolve the matter without court action. The statement also must state when and how the other affected people or entities were notified of the motion or, if not notified, why it was not practicable to do so. 4. Emergencies. A. When a motion requests immediate court action (within forty-eight (48) hours or less), the movant must provide notice to the opposing parties (unless filed ex parte) and the Clerk's Office by telephone and e-mail. B. An emergency motion may be granted upon a satisfactory showing why the requested action could not be obtained by stipulation or duly noticed motion.

g. Ex Parte Motions. 1. A motion or application that is permitted to be filed ex parte by statute, rule, or other legal authority must cite to that authority in the caption. 2. The caption to any ex parte motion must include, in capital letters and boldface type, the phrase EX PARTE MOTION PURSUANT TO________.

h. Failure to Comply. The Court may not consider motions, oppositions to motions, or briefs or memoranda that do not comply with the requirements set forth in these Rules.