Local Rule 9013-1: GENERAL MOTIONS PRACTICE (OTHER THAN ADVERSARY PROCEEDINGS)

LOCAL RULE 9013-1: GENERAL MOTIONS PRACTICE (OTHER THAN ADVERSARY PROCEEDINGS)

a. Service of Motion, Proposed Order, and Resulting Order. The moving party shall file the motion and simultaneously serve on all appropriate parties copies of the motion and any proposed order. For self-scheduled motions under SC LBR 9013-4, the movant shall also file and serve a copy of the hearing notice on all appropriate parties. Resulting orders shall be served as indicated in SC LBR 9013-4 and its exhibits.

b. Motion to Reduce Time. In instances of a need for expedited relief, a motion to reduce the time for allowed notice may be filed, which details and supports the reasons for shortening notice and provides a proposed date for hearing (from the calendar posted on the Court's website). The Court will not shorten the time for notice to less than fourteen (14) days absent a sufficient showing of extraordinary circumstances.

c. Scheduling Orders. If discovery is necessary to prepare for a hearing in a contested matter, a scheduling order may be requested by any party after consulting with all other parties. Whether all parties consent to the entry of a scheduling order should be noted.

d. Denial of Relief. Relief may be denied without a hearing for any motion incorrectly scheduled, noticed, or docketed.

Notes:

(2020) Paragraph (a) was amended to indicate that orders should be notices pursuant to Local Rule 9013-4.

(2021) The title of the rule was changed to clarify that the rule does not apply in adversary proceedings.

(2022) Paragraph (b) was amended to remove reference to Chambers Guidelines.

(2023) Former paragraph (b) of the rule requiring a duty to confer was removed.