Local Rule Rule 9013-1: Motion Practice—Contested Matters.

Rule 9013-1. Motion Practice—Contested Matters.

(a) Adversary Proceeding LBRs Applicable to Contested Matters. The following LBRs apply to contested matters.

(1) Amendments. LBR 7015-1 applies.

(2) Briefs. Except as provided in LBR 9013-1(d), LBRs 7007-1(b)(1) and (2) apply.

(3) Service. LBRs 7004-1 and 7005-1 apply.

(4) Expedited Hearing. LBR 7007-1(c) applies.

(5) Stipulations to Change Hearing or Trial Dates or Court-Established Deadlines. LBR 7001-1(d) applies.

(6) Injunctions—Application for Temporary Restraining Order or Preliminary Injunction. LBR 7065-1 applies.

(7) Nonfiling of Discovery Documents. LBR 7026-1(b) applies.

(8) Oral Argument/Telephone Appearance. LBR 7007-1(d) applies.

(9) Prefiling Conference Certification. LBR 7007-1(a) applies to a motion within a pending contested matter, but it does not apply to one initiating a contested matter.

(b) General.

(1) Title. Each motion that is not prepared on an LBF must include in the title of the document the names of the parties, if any, against whom the motion requests specific relief. If there is insufficient room to include the names of all those parties in the title, the title must refer to the location in the document where their names appear.

(2) Notice of Motion. Each motion must include a notice of motion unless (A) the motion is filed using an LBF or OF, (B) another LBR directs otherwise, (C) the motion seeks to convert or dismiss a bankruptcy case unless filed by a chapter 13 trustee, (D) the motion is filed under FRBP 3002.1, (E) the motion is unopposed, joint, or stipulated, (F) the motion seeks relief that the court can grant without notice and a hearing (for example, a motion to extend or shorten time or for FRBP 2004 examination), or (G) the motion requests expedited consideration. The notice must precede the substantive motion and must be in substantially the following form:

Notice. If you oppose the relief sought in this motion, you must file a written objection with the bankruptcy court no later than [insert number of days in objection period, excluding any additional time provided by FRBP 9006 (see LBR 9013-1(c)(1)(A))] days after the date listed in the certificate of service below. If you do not file an objection, the court may grant the motion without further notice. Your objection must set forth the specific grounds for objection and your relation to the case. The objection must be received by the clerk of court at 1050 SW 6th Ave #700, Portland, OR 97204 or 405 E 8th Ave #2600, Eugene, OR 97401 by the deadline specified above. [Include the following sentence only if motion is not filed by an ECF Participant] You must also serve the objection on [insert name, address, and phone number of movant] within that same time.

(3) Shortened Notice Period or Limited Notice. To request a shortened notice period for, or limitation of the entities who must receive, any notice governed by FRBP 2002 or any motion, a filer must—

(A) before filing the notice or motion, file a separate motion to shorten time or limit notice and attach as an exhibit the proposed notice or motion;

(B) for a motion in a pending adversary proceeding or contested matter, state whether the requested time-shortening or notice-limiting is opposed by any other party;

(C) for a motion that will initiate a contested matter, state whether the requested time-shortening or notice-limiting is opposed by any of (i) the parties, if any, against whom the motion requests specific relief, (ii) any standing or other appointed trustee, (iii) any appointed committee of creditors or equity security holders, (iv) and the UST;

(D) immediately lodge a proposed order granting the motion to shorten time or limit notice; and

(E) if the motion to shorten time or limit notice is granted, refer to the order shortening time or limiting notice in the notice of intent or motion.

(4) Motion for Emergency Order. If moving for entry of an emergency order, the movant must immediately notify the chambers of the assigned judge after filing the emergency matter.

(c) Objection and Reply. An objection to a motion must identify the filer and state with particularity the grounds for the objection. Unless an FRBP, LBR, order, or notice of a motion sets a different deadline, the following deadlines apply to an objection and a reply in connection with a motion.

(1) Objection in All Chapters.

(A) Filing Deadline to Object. Any objection to a motion, other than one described in LBR 9021-1(b)(2), must be filed no later than 14 days after the service of the motion. But if the motion requests a type of relief for which an FRBP specifies a notice period other than 14 days before a hearing, an objection to the motion must be filed within that number of days after service of the motion. For example, an objection to relief of a type described in FRBP 2002(a)(3) or (4) must be filed within 21 days after service of the motion.

(B) Failure to Object. A motion or application to which no timely objection or other response has been filed may be decided on the moving documents without a hearing and without further notice.

(2) Replies.

(A) Chapter 7, 12, and 13 Cases: No reply may be filed without the court's prior written permission.

(B) Chapter 9, 11, and 15 Cases: Any reply must be filed no later than three business days before the date set for hearing, or in the case of a motion or application to be heard less than 14 days after service of the hearing notice, no later than 4:30 p.m. on the business day before the date set for hearing.

(3) Required Telephone Call to Judge's Chambers. LBR 9004-1(b) applies to a document filed within three business days before the date set for a hearing.

(d) Disclosure of Expert Testimony. The court directs that FRCP 26(a)(2) apply in contested matters, except the disclosure required by FRCP 26(a)(2) is due 14 days before an evidentiary hearing and only if the hearing is set more than 14 days after the petition date.

(e) Testimony at Contested Matter Hearings.

(1) A hearing on a contested matter will be an evidentiary hearing at which witnesses may testify only if the notice of hearing so states.

(2) A notice of hearing on a contested matter must state whether the hearing will be an evidentiary hearing at which witnesses may testify. An evidentiary hearing not set by an LBF may not be held by telephone without the court's approval.

(f) Definition of "Motion". In this rule, "motion" means motion or application initiating a contested matter, but not one that is made within a contested matter or adversary proceeding.

Cross-references: • Abandonment – LBR 6007-1. • Abstention – LBR 5011-2. • Automatic Stay—Relief From – LBR 4001-1(a). • Cash Collateral Use – LBRs 4001-1(b). • Chapter 7 Trustee's Motion for Continuance of Stay re Personal Property – LBR 4001-1(g). • Claim—Objection – LBR 3007-1. • Compensation or Expense Application – LBR 2016-1. • Conversion—Case – LBRs 1017-1 and 2016-1(f). • Credit (Obtaining) – LBRs 4001-1(b). • Deposit Into Court's Registry Fund – LBR 7067-1. • Dismissal—Case – LBR 1017-2. • Documents—Requirements of Form – LBR 9004-1. • Exhibits – LBRs 9004-1(a)(7) and 9017-1. • Extend or Impose Automatic Stay – LBR 4001-1(f). • Hardship Discharge – LBR 4004-1. • Lien Avoidance Under § 522(f) – LBR 4003-2. • Objection to Cost Bill – LBR 9021-1(d)(3)(A). • Property Use, Sale (Including Free and Clear of Liens), or Lease – LBR 6004-1. • Proposed Order if No Objection Timely Filed – LBR 2002-1(h). • Proposed Order or Judgment – LBR 9021-1(b). • Redemption – LBR 6008-1. • Removal or Remand – LBR 9027-1. • Sanctions & Remedies – LBR 9011-3. • Valuation of Collateral (§§ 506(d) and 1322) – LBR 3012-1. • Withdrawal of Referral (28 U.S.C. § 157(d)) – LBR 5011-1.