Local Rule 9013-2: BRIEFS, MEMORANDA OF LAW, AND CONTESTED HEARINGS
Bankr. D.S.C. — General rule
LOCAL RULE 9013-2: BRIEFS, MEMORANDA OF LAW, AND CONTESTED HEARINGS a. Any memorandum or brief required to be filed by the Court, or filed by the parties in instances where they have determined that a memorandum would materially assist the Court in its determination of the issues, shall be filed and simultaneously served, with proof of such service filed with the Court, upon all appropriate parties no later than seven (7) days prior to the hearing on the matter, unless otherwise ordered by the Court.
b. More than three (3) business days prior to any hearing scheduled on a contested matter, counsel for each party in interest, and any pro se party, shall confer or make a good faith attempt to confer to limit the issues and evidence and to resolve all or part of the matters in controversy. Failure to do so may result in denial of the relief requested by the non-compliant party.
c. Parties shall file on the docket a notice of contested proceeding using the corresponding CM/ECF event no later than 10:00 a.m. three (3) business days in advance of the scheduled hearing if any of the following is anticipated for the hearing:
1. the hearing will take longer than thirty (30) minutes; 2. live testimony is necessary; 3. documentary evidence is to be presented; and/or 4. any exhibits to be introduced are subject to objection.
The Court may continue the matter to another date or time, request supplemental briefing or a Joint Statement of Dispute, or make other requests or accommodations. If a Joint Statement of Dispute is required, it must be in substantial conformance with the Court's local form.
Notes:
(2022) Portions of Chambers Guidelines were moved to this paragraph (b).
(2023) Former paragraphs (a)(1) – (3) were superfluous and removed as duplicative of or in conflict with the Bankruptcy Code, Federal Rules of Bankruptcy Procedures, and/or provisions in standard orders or notices. Paragraph (b) was amended include a duty to confer prior to a contested hearing.
(2024) Changes were made to paragraph (c) to clarify requirements for contested proceedings.
(2025) Changes made to paragraph (b) to clarify requirement for conferring with counsel and pro se parties in contested matters.