Local Rule 9004-2: Formatting Pleadings and Other Documents

LOCAL RULE 9004-2 Formatting Pleadings and Other Documents

(a) General Document Formatting Requirements.

1) Paper Size. Electronic and Paper Documents shall be formatted for white, letter size paper (8 ½ inch by 11-inch, on 20 lb., unglazed opaque, or similar weight and style, paper stock if not electronically filed) with black colored ink or font.

2) Numbered Lines. Each page shall have consecutively numbered lines, double spaced, in the left margin.

3) Legible Text. All petitions, pleadings, motions, briefs and other papers submitted for filing shall be typewritten, printed, computer generated, or prepared by some other clearly legible process, with printing on only one side of each page. Unless prior approval of the Court is granted, interlineations shall not be allowed.

4) Font Requirements. Font for documents filed with the court (excluding copies of exhibits) shall not be less than 12-point type and not more than 14-point type, set for no more than an average of 10 characters per inch. Arial, Courier, Times, Times New Roman, and Helvetica, or their equivalent, shall be used in the preparation of pleadings.

5) Font Appearance. Citations may be italicized or underlined.

6) Title of Proceeding. The title of the case or proceeding, the bankruptcy case, adversary proceeding, and/or miscellaneous proceeding number(s), and the Docket Control Number, if any, shall be included in the caption.

(b) Formatting Documents.

1) Double-Spaced Text. With the exception of exhibits which are provided in their existing form and formatting, identification of counsel, title of action, category headings, footnotes, quotations, and descriptions of real property, the text lines for documents filed with the court shall be double spaced.

2) Margins. All documents and forms shall have a margin not less than one-half inch on all four sides of each page.

3) Blank Space for Clerk's Stamp. The first page of all documents filed with the court shall contain a blank space in the upper right-hand corner measuring at least 2 ½ inches from the right edge and 3 inches from the top edge for the clerk's filing stamp.

4) Proposed Orders. Proposed orders lodged with the court shall contain a blank space in the lower left-hand corner measuring at least 2 ½ inches from the left edge and 1 ¼ inches from the bottom edge for the Clerk's document received stamp.

5) Caption Page. The first page of each document filed shall contain a caption setting forth the name of the court, the title of the case or proceeding, the bankruptcy case, adversary proceeding, and/or miscellaneous proceeding number, the title of the document, and, if applicable, the Docket Control Number, and the date, time, and location of the hearing.

A) Title of Document. The title of every document shall briefly describe the character of the paper, identify the filing party, state the relief sought, and, if applicable, describe the document to which it relates (for example: "Debtor's Response to Creditor Tom Swift's October 1, 1979 Motion For Relief From Stay"). The document title shall be placed just below or to the right of the caption on the first page of the document and may be in boldfaced print and/or underlined.

B) Title Conventions. Pleadings presented for filing must bear specific pleading designations, in accordance with the nomenclature set forth in Rule 7 of the Federal Rules of Civil Procedure. When a document contains multiple claims as permitted by Fed. R. Civ. P. 18, and Fed. R. Bankr. P. 7018 and 9014 (for example, an answer to a complaint and a counterclaim or cross claim), all claims for relief requested in the document must be listed in the caption.

6) Docket Control Number. Local Bankruptcy Rule 9014-1 (c)(1) requires that a Docket Control Number be included in the caption immediately below the case number or adversary number, on motions and all pleadings and other documents, including proofs of service, filed in support of, or in opposition to, motions. The Docket Control Number designated on the first document filed shall be the Docket Control Number listed on all related documents filed by any party.

(c) Organization.

1) Filing of Separate Documents. Motions, notices, objections, responses, replies, declarations, affidavits, other documentary evidence, exhibits, memoranda of points and authorities, other supporting documents, proofs of service, and related pleadings shall be filed as separate documents.

2) Tabs. Index tab pages, separator sheets, cover sheets, and divider sheets for which any part is outside the 8 ½ inch by 11-inch paper size SHALL NOT be used.

3) Page Numbering. The pages of each document shall be numbered consecutively at the bottom center of the page. Page "1" is the first page of the document bearing the caption of the case or adversary proceeding.

4) Page Total. The total number of pages of each document shall be noted in the upper left-hand corner on the first page of every document submitted for filing.

(d) Exhibits.

1) Separate Exhibit Document(s). Exhibits shall be filed as a separate document from the document to which it relates and identify the document to which it relates (such as "Exhibits to Declaration of Tom Swift in Support of Motion for Relief From Stay"). A separate exhibit document may be filed with the exhibits which relate to another document, or all of the exhibits may be filed in one document, which shall be identified as "Exhibits to [Motion/Application/Opposition/…]."

2) Exhibit Index. Each exhibit document filed shall have an index at the start of the document that lists and identifies by exhibit number/letter each exhibit individually and shall state the page number at which it is found within the exhibit document.

3) Numbering of Pages. The exhibit document pages, including the index page, and any separator, cover, or divider sheets, shall be consecutively numbered and shall state the exhibit number/letter on the first page of each exhibit.

4) Exhibit Page Size. Exhibits larger than 8 ½ inches by 11 inches shall be reduced in size prior to filing. Duplexed exhibits shall be copied and filed with text printed on one side of each page only.

(e) Proof of Service.

1) Separate Document. The proof of service for any documents filed shall itself be filed as a separate document.

2) Pleadings Not Attached. Copies of the pleadings and documents served SHALL NOT be attached to the proof of service filed with the court. The proof of service shall identify by title each of the pleadings and documents served.

3) Single Docket Control Number. Multiple documents and pleadings related to papers with the same Docket Control Number may be included in one proof of service. Documents and pleadings related to papers with different Docket Control Numbers SHALL NOT be included in the same proof of service.