Local Rule 9072-1: Proposed Orders.

Rule 9072-1. Proposed Orders.

(a) Format.

(1) A proposed order shall conform to Bankr. D.S.D. R. 9004-1(a) and (c) and shall not be signed by the proponent or the proponent's attorney or, absent advance authorization from the Court, include any attachment;

(2) Each page of a multi-page proposed order shall be numbered at the bottom center; and

(3) An agreed proposed order submitted by two or more parties shall conform to Appendix 9F.

(b) Submission of proposed orders.

(1) All proposed orders shall be submitted to the Court electronically, in Word or WordPerfect format, to proposed_orders@sdb.uscourts.gov.

(2) A proposed order granting a motion for relief from stay, a motion to avoid a lien on or other transfer of exempt property, a motion to compel abandonment, or an application for compensation for services or reimbursement of expenses (excluding fees sought as part of the administrative expenses in a chapter 7 trustee's final report and proposed distribution) shall be submitted to the Court when the motion or application is filed. A proposed order granting any motion, application, objection to claimed exemptions, or objection to a proof of claim regarding which the Court has granted a motion for reduced notice shall be submitted before the deadline to object passes. A proposed order granting any other motion, application, objection to claimed exemptions, or objection to a proof of claim that is not contested, other than those listed on Appendix 9I, shall be submitted to the Court as soon as the deadline for objections or other responses has passed. A proposed agreed order resolving a contested matter without a hearing shall conform to Appendix 9F and shall be submitted as early as possible before any scheduled hearing or trial. A proposed order granting or denying any motion, application, objection to claimed exemptions, or objection to a proof of claim that is contested shall be submitted, if so directed by the Court, as soon after the hearing or trial as is reasonable, unless a specific submission deadline is set by the Court at the hearing or trial.

(c) Review of proposed document by party in interest.

(1) At the conclusion of a hearing or a trial, a party in interest may request an opportunity to review a proposed order, a proposed Plan as Confirmed, or other proposed document before it is formally docketed. If the request is granted or if the Court orders the same sua sponte, the party preparing the proposed document shall serve it and a copy of any document referred to or incorporated therein on the parties as directed by the Court, shall file a certificate of service that conforms to Appendix 9J specifically stating service was made pursuant to this rule, and shall attach to the certificate of service a copy of the subject proposed document.

(2) Any objection to a proposed order, proposed Plan as Confirmed, or other proposed document shall state why the proposed document should not be entered, shall include as an attachment an alternate proposed document, and shall be filed within seven days after service of the proposed document.

(3) If the parties cannot promptly resolve an objection to the proposed order, proposed Plan as Confirmed, or other proposed document, the Court may either accept one party's proposed document, enter its own, or set the matter for hearing.

REFERENCE: Fed.R.Bankr.P. 9006.

Practice Pointer: Appendix 9I lists those orders that are entered by the Court as an electronic docket text only or are otherwise prepared by the Court. The bankruptcy bar will receive notice through the Clerk's Bankruptcy Update whenever a certain type of order is added to or removed from this list.