Local Rule Rule 7007-1: Motion Practice—Adversary Proceedings.

Rule 7007-1. Motion Practice—Adversary Proceedings.

(a) Prefiling Conference Certification.

(1) The first paragraph of a motion, except one for a temporary restraining order, must certify that one of the following is true:

(A) The parties made a good-faith effort to resolve the dispute and have been unable to do so, including a description of the efforts made;

(B) The movant made reasonable efforts to confer and the opposing party either refused to confer or did not respond to movant's request(s), including a description of the efforts made;

(C) The movant or opposing party is a prisoner not represented by an attorney; or

(D) The movant conferred with the opposing party and the opposing party does not object to the relief sought in the motion.

(2) The court may deny any motion that fails to meet the certification requirement in (1).

(3) A party filing a motion must state "UNOPPOSED" in the caption if the other parties to the action do not oppose the motion.

(b) Brief Supporting Motion, Opposition Statement, or Reply.

(1) General. A brief must:

(A) Contain a statement of the questions to be decided, setting forth succinctly the relevant facts and argument with supporting authorities.

(B) Not have substantive argument in a footnote.

(C) Be accompanied by one or more separate affidavits or declarations, not exceeding a total of 20 pages in length for nondiscovery briefs or ten pages in length for discovery briefs, exclusive of exhibits, supporting factual contentions.

(D) Not exceed 20 pages in length for nondiscovery briefs or ten pages in length for discovery briefs, exclusive of exhibits, unless the court authorizes an over-length brief. A motion to authorize the filing of an over-length brief must be filed no later than three business days before the document's filing deadline. An over-length brief must have a table of contents and a table of cases with page references.

(2) Exhibits. An exhibit attached to a brief must be limited to document excerpts that are directly germane to an argument the brief advances. An excerpt must be identified as such. An entity attaching a document excerpt as a brief exhibit may do so without prejudice to its right to file additional excerpts or the complete document. Responding parties may timely file additional relevant excerpts. The court may also require parties to file additional excerpts or the complete document.

(3) Timing Requirements.

(A) Opposition. Any opposition statement and supporting brief must be filed and served no later than 14 days after the filing of a motion.

(B) Reply. No reply may be filed, except for one in support of motions for summary judgment or to withdraw referral, which must be filed and served no later than 14 days after the filing of the opposition.

(4) Further Briefing. No further briefing is allowed.

(c) Expedited Hearing Motion. A motion must include:

(1) An explanation why it is necessary.

(2) A certificate of service showing the motion was served by hand delivery, facsimile, or e-mail, contemporaneously with the filing of it under FRBPs 7004 and 7005.

(3) A certification that either: (A) the movant has conferred with the opposing party and obtained agreement to an expedited hearing, or (B) describes the steps taken in a good-faith attempt to confer with the opposing party regarding the need for an expedited hearing and any response of the opposing party.

(d) Oral Argument/Telephone Appearance.

(1) Hearing. The court may decide a motion without oral argument. If the court elects to hear oral argument, the court will notify the parties of the hearing date and time. A party may not issue a notice of hearing on a motion unless authorized or directed to do so by another rule or LBF or the court.

(2) Request for Oral Argument. A party must clearly endorse any request for oral argument in the title of the motion, statement in opposition, or reply to the statement.

(3) Request for Telephone Argument. A party may request, no later than three business days before the hearing date, to participate in an oral argument by telephone.

Cross-references: • Discovery Motion – LBR 7037-1. • Documents—Requirements of Form – LBR 9004-1. • Exhibits – LBRs 9004-1(a)(7) and 9017-1. • Objection to Cost Bill – LBR 9021-1(d)(3)(A). • Claim—Objection – LBR 3007-1.