Local Rule 9013-1: MOTION PRACTICE – MATTERS SET FOR A HEARING

RULE 9013-1 MOTION PRACTICE – MATTERS SET FOR A HEARING

(a) Scope of Rule. The term "motion" means any request for an order or judgment by the court, including those made in applications and objections to claims or other matters, filed in a bankruptcy case or adversary proceeding. For purposes of this rule, the term "motion" does not refer to a summons, complaint, appeal, motion for summary judgment governed by Local Rule 7056-1, or an ex parte motion.

(b) Applicability. This rule applies when the movant believes the motion will be opposed.

(c) Motions. The movant must file the motion in compliance with Local Rule 5005-2 within any applicable time limitation, including the time limitations of these rules, unless the court orders otherwise.

(1) No Separate Supporting Memorandum for a Written Motion. The motion and any supporting memorandum must be contained in one document, except as otherwise allowed by this rule. The document must include the following: (A) an initial separate section stating succinctly the precise relief sought and the specific grounds for the motion; and (B) one or more additional sections including a recitation of relevant facts, supporting authority, and argument, and a concise statement of each basis supporting the motion with citations to applicable and controlling legal authority.

(2) The moving party shall serve the motion on those entities specified in Fed. R. Bankr. P. 9013(b).

(3) Failure to Comply with Requirements for Motions. Failure to comply with the requirements of subsection (c)(1) may result in sanctions, including: (A) returning the motion to counsel for resubmission in accordance with this rule; (B) denial of the motion; or (C) any other sanction deemed appropriate by the court.

(d) Notice of Motion and Hearing. The movant shall obtain and set an appropriate hearing date with the court scheduling clerk. A Notice of Motion and Notice of Hearing shall be filed in original form only together with a certificate of service evidencing compliance with the applicable service requirements. A Notice of Motion and Notice of Hearing shall: (1) be in substantial conformity with Local Bankruptcy Form 9013-1, Notice of Motion and Notice of Hearing, with alterations as may be appropriate to comply with these Local Rules; (2) contain a specific statement of the relief requested or action intended in sufficient detail to meaningfully inform the parties of the intended action or relief requested or, if the motion is served with the notice, refer to the motion to describe the relief requested; (3) set the last date on which an interested party may file a response or objection to the motion. The identified date must be based on the time period fixed by the Federal Rules of Bankruptcy Procedure or by Local Rule 9006-1(b), as appropriate; (4) include a statement that the hearing may be stricken and relief requested may be granted without a hearing unless a response or objection is timely filed; (5) include a statement that the responding party must attend the hearing and that failure to attend the hearing will be deemed a waiver or the response or objection; and (6) be served by the movant on the case trustee, debtor, debtor-in-possession, those entities specified in these rules or the Federal Rules of Bankruptcy Procedure, and other parties the court may direct.

(e) Responses to Motions and Reply Memoranda. A party responding to a motion must file its response in compliance with Local Rule 5005-2 by the date identified in the notice.

(1) No Separate Supporting Memorandum for a Response. The response and any supporting memorandum must be contained in one document, except as otherwise allowed by this rule. The document must include one or more sections including a recitation of relevant facts, a concise statement of each basis opposing the motion with citations to applicable and controlling legal authority, and an argument.

(2) Reply Memorandum. A reply memorandum is limited to rebuttal of matters raised in the response.

(3) Limitation on Memoranda Considered. Unless otherwise ordered, the court will consider only motions, responses filed by parties in interest, and reply memoranda filed by the movant(s).

(4) A Motion May Not Be Made in a Response or Reply Memorandum. No motion may be included in a response or reply memorandum. Such a motion must be made in a separate document.

(f) Granting Relief Without a Hearing. If there has been no opposition to the motion filed or served on the movant, the court may, but is not required to, strike the hearing and grant the relief requested in a motion without a hearing.

(g) Time for Striking Hearings. A request to strike a hearing should be made at least two business days prior to the hearing.

(h) Length of Motion and Response. Absent leave of court, (i) a motion or a response to a motion must not exceed 15 pages, exclusive of face sheet, table of contents, statements of issues and facts, and exhibit; and (ii) a reply to a response must not exceed 10 pages. The procedure for filing an overlength memorandum is set forth in subsection (k) of this rule.

(i) Overlength Memoranda. An order of the court must be obtained to file a memorandum that exceeds the page limitations set forth in subsection (h) of this rule. Such a motion may be made to the court ex parte, and must include a statement of why additional pages are needed and the number of pages. The court will approve the request only for good cause shown. Authorized, overlength memoranda must contain the following: (1) a table of contents, with page references, setting forth the titles or headings of each section and subsection; (2) a statement of the issues related to the precise relief sought; (3) a concise statement of facts, with appropriate references to the record, relevant to the issues concerning the precise relief sought; (4) argument, proceeded by a summary, containing the contentions of the party with respect to the issues presented, and the reasons therefor, with citations to the authorities, statutes, and parts of the record relied on; and (5) a short conclusion stating the precise relief sought.

(j) Citation of Unpublished Decisions. Unpublished opinions may be cited in a memorandum as authority, but only if they are readily accessible through a recognized publisher of legal opinions such as Westlaw or Lexis. If a case is not reported in the West Bankruptcy Reporter, reference to the opinion should include the applicable reporting-service citation so the opinion can be quickly accessed by the court and other parties. Opinions that cannot otherwise be cited should be attached as an exhibit to the memorandum.

(k) Citations of Supplemental Authority. When pertinent and significant authorities come to the attention of a party after a memorandum has been filed, or after oral argument but before the court renders a decision, a party may advise the court by letter, with a copy to all parties, setting forth the citations. The letter must, without argument, state the reason for the supplemental citations and include a reference either to the page of the memorandum or to a point argued orally to which the citations pertain. Any response must be promptly made and similarly limited.

(l) Certificate of Service. Unless otherwise ordered by the court, a certificate of service in substantial conformity with Local Form 9013-3, must accompany every document filed with the court. The certificate of service may be attached to the pleading or filed separately no later than 5 business days after filing the pleading.

(m) Motion to Shorten Time for Expedited Hearing. A person seeking relief from the Court may file a Motion to Shorten Time for Expedited Hearing, which may be granted ex parte upon a showing of cause. The movant must telephone the court scheduling clerk to obtain a date and time to schedule a hearing on the underlying motion. The notice period may not be less than ten days from the date of the request without permission of the court for a shorter period. Once a date has been set by the scheduling clerk, the movant must file with the court the following documents in the following order:

(1) The underlying motion for which the movant is seeking an expedited hearing;

(2) A Motion to Shorten Time for Expedited Hearing that states cause as to why the underlying motion should be heard on an expedited basis, and states the proposed time frame for presentment of the motion, the hearing date and time, the objection deadline, and the date of service; and,

(3) A proposed order on the Motion to Shorten Time for Expedited Hearing that includes the hearing date and time, the objection deadline, and the date of service; and,

(4) A Notice of Hearing (Local Form 9013-1) with an objection deadline that expires not less than one business day before the scheduled hearing. If the Motion to Shorten Time for Expedited Hearing is denied, the movant must serve notice of the underlying motion in accordance with Local Rule 9013-1(d).

(n) Certification Required for Expedited Hearings Set on Less Than 48 Hours' Notice. Persons filing a Motion to Shorten Time for Expedited Hearing requesting that a hearing on an underlying motion be set on less than 48 hours' notice must serve parties in interest with a Notice of Hearing in the most expeditious manner available, such as service by email, overnight delivery service or hand-delivery. The Motion to Shorten Time for Expedited Hearing must identify the persons to be served with a Notice of Hearing, the method of service on those identified, and a certification by movant's counsel that the method of service is the most expeditious manner available to the movant.