Local Rule Rule 9021-1: Order or Judgment—Entry of; Costs.

Rule 9021-1. Order or Judgment—Entry of; Costs.

(a) Circulation of Proposed Order or Judgment.

(1) When Required. The proponent of an order or judgment must circulate it to all responding parties before lodging it with the court unless the proposed order or judgment:

(A) may be lodged concurrently with the motion or application under (b)(1)(C) below,

(B) includes the signed statement of each responding party or its attorney that the party stipulates to entry of the order, agrees that it correctly reflects the court's ruling, or waives circulation of it, or

(C) is approved by the court at a hearing on the motion, application, or complaint.

(2) Method. A proposed order or judgment may be circulated as follows:

(A) by attaching the proposed order or judgment to and filing and serving it with the motion, application, or complaint that it would grant, if the court determines to grant the requested relief without modification; or

(B) after the court announces its ruling, by hand-delivering, faxing, or e-mailing the proposed order or judgment no later than three business days before lodging it, or mailing it no later than six business days before lodging it.

(3) Certificate of Compliance; Notice to Chambers of Unresolved Dispute. Unless the proposed order is on an LBF, the proponent of an order or judgment for which circulation is required must certify that the proponent has complied with (2) above and that any applicable circulation period has expired or all responding parties have affirmatively approved the form of order or judgment. If a responding party timely objects to a proposed order or judgment and the objection is not resolved before the order or judgment is lodged, the proponent must so notify the court in writing, either in a certification of compliance required by this (3) or otherwise.

(b) Lodging of Proposed Order or Judgment.

(1) When Permitted. A proposed order or judgment may be lodged when it is appropriate for the court to sign it.

(A) An order or judgment that must be circulated may not be lodged until the proponent has complied with (a) above.

(B) Except as provided in (C) and (D) below, no order may be lodged unless—

(i) the court has announced a decision and requested that an order or judgment be lodged; or

(ii) the time for filing an objection has expired and no objection has been filed.

(C) The proponent may lodge an order concurrently with the motion or application if—

(i) the proponent seeks entry of the order that may be entered without notice and a hearing;

(ii) the motion or application contains a certification that it is stipulated, agreed, or unopposed; or

(iii) the motion is for entry of default in an adversary proceeding.

(D) An order or judgment that is stipulated, agreed, or unopposed may be lodged at any time.

(2) Orders Not to be Lodged. No party need lodge a proposed order of the types listed in LBF 9021.

(3) Separate Document. Except for an order or judgment which is stipulated or submitted on an LBF, a proposed order or judgment must be lodged as a document separate from any other document.

(4) Form.

(A) General. The top margin on the first page of any order or judgment must be 4", and devoid of all text except for optional line numbers, which must not be more than 3/4" from the left edge. All other pages must have a top and bottom margin of 1". A proposed order or judgment must:

(i) Contain a brief description of the subject and content in the title if the document is an order.

(ii) State the name and docket number, if available, of any predicate motion or application.

(iii) State in simple and direct terms the ruling of the court.

(iv) Include a street address, and include or attach a legal description, of any real property to which it pertains.

(v) Unless on an LBF, have the three-pound (###) symbol centered on the line immediately after the last line of the order or judgment text.

(vi) Not include a "Dated" line.

(vii) Not have a judge's signature line unless one is included by the court on an LBF.

(viii) Include the following after the three-pound (###) symbol:

(I) On the left side of the last page, the signature of the individual presenting it, preceded by the words "Presented by" and followed by the presenter's name, address, telephone number, and capacity.

(II) A list of names and addresses of all contesting parties who are not, and whose attorneys are not, ECF Participants or a statement that there are no such parties.

(B) Default Order in Adversary Proceeding. In addition to the requirements in (A), a proposed default order under FRBP 7055 must state whether the matter is core or noncore, state the name and docket number, if available, of the motion for default order, and be filed on a document separate from the proposed judgment.

(C) Stipulated Order or Judgment. In addition to the requirements in (A), the following form requirements apply:

(i) General. A statement that the order or judgment is a stipulation, and signatures, must only be placed below the three-pound (###) symbol denoting the end of the order or judgment text.

(ii) Document Filed by ECF Intended to Delay or Stop Entry of an Imminent Order (for example, Discharge, Dismissal). If the filer wishes a stipulated order or judgment to delay or stop the imminent entry of another order, the filer must both:

(I) File the proposed order or judgment by ECF as though it were an objection or a motion, using the ECF event that would have been used if a stipulation had not been reached. Examples of documents that should be filed in this manner include a proposed stipulated order when there has been no previously filed objection to dismissal for failure timely to comply with legal requirements, or no previously filed motion to delay entry of discharge, extend time to file § 727 complaints, or extend time to file documents.

(II) Lodge that document again using the "Upload Order on Previously Filed Motion" ECF event under the Order Upload category, and link it to the document filed under (I).

(D) A lodged order or judgment that differs from the version attached to the motion, application, or complaint as permitted by (a)(2)(A) must comply with LBR 9004-1(d), except that the separate version showing the old and new language must be filed as correspondence and not attached to the lodged version.

(c) "Text-Only" Entry. An order or judgment entered by court personnel in ECF as a text-only docket entry is as official and binding as if the judge or clerk had signed a document containing that text.

(d) Costs and Fees.

(1) General. Allowed costs will be taxed by the judge under FRBP 7054(b) and this LBR. Time deadlines in (2) and (3) relating to filing, or objecting to, a cost bill also apply to filing, or objecting to, a request for attorney fees in a contested matter or adversary proceeding in which judgment is sought for the prevailing party's attorney fees.

(2) Filing of Cost Bill. A cost bill must itemize claimed costs, be verified under 28 U.S.C. § 1924, and be filed and served on all adverse parties no later than 14 days after entry of the order or judgment to which it relates.

(3) Objection to Cost Bill.

(A) An objection to a cost bill must be filed and served no later than 14 days after the cost bill is served. The objection may be supported by a brief, and any statement of fact must be supported by an affidavit. No later than seven days after service of an objection and notwithstanding LBRs 7007-1(b)(3)(B) and 9013-1(c)(2)(A), the party filing the cost bill may file and serve a reply.

(B) In the absence of any objection, any item listed in the cost bill may be taxed.

Cross-references: • Proposed Order or Judgment in Noncore Matters that Require Review, Determination, and Signing by a District Judge – LR 2100-5(a)(2). • Proposed Order if No Objection Timely Filed – LBR 2002-1(h).