Local Rule Rule 7008-1: MOTIONS IN ADVERSARY PROCEEDINGS
Bankr. D.V.I. — General rule
Rule 7008-1 MOTIONS IN ADVERSARY PROCEEDINGS A. Grounds and Relief to Be Stated. Motions filed within adversary proceedings shall contain a descriptive title of the motion in addition to the complete adversary caption. The caption shall conform to Official Form 416D.
B. Response. The response to any motion filed in an adversary proceeding shall be filed and served within fourteen (14) days after service of the motion, plus an additional three (3) days when service is by mail. If no response is timely filed, the motion shall be deemed uncontested and the Court may dispose of the motion upon the filing of a certificate of no objection by the moving party. Replies and sur-replies are not permitted unless ordered by the Court. If permitted, replies and sur-replies shall be filed and served within seven (7) days, plus an additional three (3) days when service is by mail, after service of the response or reply, as applicable. Absent prior permission of the Court, no reply or sur-reply shall exceed five (5) pages, exclusive of any tables of contents and citations.
C. Briefs. The moving party may file a brief and any supporting affidavits as an attachment to the motion and the respondent may file a brief and any supporting affidavits as attachments to the response. Briefs shall be limited to twenty (20) pages. The party filing the opening brief shall not reserve material for the reply brief that should have been included in a full and fair opening brief.
D. Continuances. Motions for continuance of a trial date shall be considered by the Court only upon motion filed and served at least seven (7) days before the scheduled trial. Trial will go forward as scheduled unless the Court grants a continuance before the scheduled trial date.
E. Bringing Contested Motions to Attention of Court. Any request for oral argument or hearing on a contested motion within an adversary proceeding shall be in writing and referenced in the caption of the pleading.
F. Form of Order. A proposed form of order shall be filed as an attachment to all motions and other pleadings requesting relief.
G. Certification of Completion of Briefing. When briefing is complete, the moving party shall file a certification that briefing is completed substantially in compliance with LBF 16.