Local Rule 9013-4: SELF-SCHEDULED MOTIONS

LOCAL RULE 9013-4: SELF-SCHEDULED MOTIONS a. Registered CM/ECF Participants and Represented Parties.

1. General Requirements. Registered CM/ECF Participants (see SC LBR 5004(b)) shall provide notice of the hearing (non-passive notice) or opportunity for a hearing (passive notice) for the following motions in accordance with this rule:1 A. Passive Motions. A list of motions that shall be noticed passively2 is attached as Exhibit A; and B. Non-Passive Motions. A list of motions that shall be noticed for a definite hearing3 is attached as Exhibit B.

2. Procedure. The movant shall:

A. Hearing Date. With the exception of pro se individuals, select a hearing date from the calendar posted on the Court's website that is:

A. Not less than seven (7) days following the last day for objections;

B. Not further than sixty (60) days from the service of the motion; and C. Scheduled in the same division of the case and before the judge assigned to the case, unless otherwise allowed in Chambers Guidelines or after consultation with appropriate court staff. A movant waives any automatic relief in the movant's favor that may be due under the Bankruptcy Code or applicable Rules as a result of the expiration of any time period or deadline that may occur before the self-scheduled hearing can be held.

B. Prepare the Hearing Notice. Prepare a hearing notice that indicates the date, time of hearing, and hearing location (complete address) and sign the hearing notice.4 The hearing notice shall be in substantial conformance with the following, as applicable:

A. The Court's applicable local passive notice forms for passive motions set forth in Exhibit A; or B. The Court's local non-passive notice form for non-passive motions set forth in Exhibit B.

C. Service. The movant shall serve the party entitled to notice5 pursuant to the applicable rule or statute and simultaneously file with the Court:

i. The motion (all movants);

ii. The notice of hearing of the motion (only CM/ECF Participants (see (a)(1) above); and iii. A proposed order (all movants).6 b. Pro Se Individuals.

1. General Requirements. Individuals without legal representation (see SC LBR 5005-4(d)) may file pleadings consistent with the requirements of these Rules, except for the preparation of any required hearing notice or scheduling, which will be performed by the Court.

2. Service. The movant shall serve the motion on the party entitled to notice7 pursuant to the applicable rule or statute and simultaneously file with the Court a certification of such notice. If the movant fails to comply, the Court may enter an order striking the document, denying the requested relief, or providing other adverse ruling without further notice or hearing.

Notes:

(2020) The exhibits to the rule were substantially revised. A list of parties to be served was added to the exhibit and various notice deadlines have changed. Some matters previously delegated under Local Rule 5075-1 were added to the exhibits, and some matters were removed. If a matter no longer appears on the exhibits it is no longer a self-scheduled matter.

(2021) The footnote to the rule was amended to clarify that the rule does not apply in adversary proceedings. Exhibit B was amended to clarify that motions to sell; obtain credit; or use cash collateral in a chapter 12 case are passively noticed. The instructions to the exhibits and the exhibits were revised to recognize that some parties may receive notice or service by NEF. The exhibits were also revised to reduce case-wide notice of certain delegated orders.

(2022) Removed footnote 4 indicating that Chambers Guidelines must be considered in connection with the Local Rules because judges may have differing procedures or requirements. Paragraph (b)(1)(C) was amended to clarify that hearings are to be in the case's division and before the assigned judge unless otherwise allowed by Chambers Guidelines or after consultation with court staff. Exhibits were amended to move applications for compensation to Exhibit B for non-passive notice.

(2023) Paragraph (b)(1) was amended to include an automatic waiver or relief due under the Bankruptcy Code or applicable Rules by self-scheduling a hearing beyond the applicable time period. Exhibits were amended to move stay relief motions to Exhibit B for non-passive notice.

(2025) Paragraph (b) was added and paragraph (a)(1) was amended to limit the ability to self-schedule to represented parties. Paragraph (a)(2)(C) was similarly amended to clarify and track the other changes.

1 The use of the word motion herein also includes applications, objections, and notices where applicable as set forth in Exhibits A and B attached hereto. Only motions and applications filed in the main bankruptcy case and listed in this rule may be noticed using the procedure in this rule. This rule does not apply to motions filed within an adversary proceeding. 2 Passive motions are those motions where relief will likely be granted without a hearing if no objection is filed. 3 In the discretion of the Court, matters noticed for a hearing may be removed if no objection is filed. 4 The hearing notice should be signed by the movant's attorney. In certain instances a different form is required as reflected on the exhibits to this rule. 5 Parties affected by the relief requested may include the debtor, debtor's counsel, the United States Trustee, and the case trustee. 6 In certain instances, the Court will prepare an order and no proposed order is necessary. Those instances are reflected in the exhibits to this rule. 7 Parties affected by the relief requested may include the debtor, debtor's counsel, affected creditor(s), the United States Trustee, and the case trustee.