Local Rule RULE 9013-1: Motions

RULE 9013-1 Motions A. Motions in Writing. All motions (except those made during a hearing or trial), applications, and requests for an order from the court must be made in writing and must be filed with the Clerk according to the Administrative Procedures Manual. Motions will not be accepted by telephone or facsimile.

B. Twenty-One (21) Day Notice. A party filing a motion that requires a hearing must, at the time of filing, set the motion for hearing no earlier than the first motion day that is at least twenty-one (21) days after the motion is noticed for hearing, except as otherwise specifically provided by the FRBP or ordered by the court.

C. Expedited Hearing. Any party requesting an expedited hearing must contact chambers. See Local Rules 2014-1(B), 2004-1(B), 4002-1(D), and 9013-1(E).

D. Ex parte Motions. Unless otherwise ordered by the court, ex parte motions must be served upon and in the manner provided as those requiring hearing. The motions listed below may be submitted ex parte. For any motion other than those listed, a separate motion requesting ex parte consideration must be made. The motion must state whether consent to ex parte relief has been obtained from all interested parties, and if not, which parties have not consented to the relief.

1. Motion to substitute counsel;

2. Motion for interim appointment or withdrawal as counsel (see Local Rule 2014-1);

3. Motion for interim appointment of a professional;

4. Motion for approval of administrative fees and expenses totaling less than $1,000.00 (see Local Rule 2014-2 and 2016-1);

5. Motion to extend time to file schedules, statement of financial affairs, or other pleadings (see Local Rule 1009-1);

6. Motion to continue or reset hearing (see Local Rule 9014-1);

7. Motion by plaintiff to dismiss adversary proceeding, except those filed pursuant to section 727;

8. Motion to withdraw a pleading, except as provided in FRBP 3006;

9. A debtor's motion to convert a case filed under chapter 7 to one under chapter 13 or to convert a case filed under chapter 13 to one under chapter 7, which has not been previously converted under sections 1112, 1208, or 1308 (see Local Rule 1017-1);

10. Motion to dismiss a chapter 13 case (see Local Rule 1017-1);

11. Motion for expedited hearing (see Local Rule 2014-1(B), 2004-1(B), 4002-1(D), 9013-1(C) and (D));

12. Motion to reopen a case by a trustee or debtor;

13. Motion to file a late objection or response;

14. Motion for order confirming absence of automatic stay (see Local Rule 4001-2);

15. Motion for relief from the automatic stay if ex parte relief has been authorized by prior court order (see Local Rule 4001-4);

16. Motion for 2004 examination (see Local Rule 2004-1); and 17. Motion to Set Bar Date.

E. Objections and Responses. Objections and responses to motions that are noticed for hearing must be filed no later than seven (7) days prior to the hearing, unless the court orders otherwise. If a party wishes to file a pleading within seven (7) days of the hearing, it must file a motion for leave to file a late objection or response and notify chambers. Otherwise, in the court's discretion, the late filing may be stricken without notice. Any party opposing an ex parte or expedited motion must contact chambers. See Local Rule 2014-1(B), 2004-1(B), 4002-1(D), 9013-1(C).

F. Matters Heard on Motion Day. Each judge will designate specific days each month as motion days. Motion days will be the day on which hearing on all motions, applications, and other forms of routine relief will be held. Unopposed matters may be granted without hearing if the court finds the relief requested to be well founded based on properly filed and supported pleadings. The court will publish a hearing docket prior to motion day with all matters to be considered. Appearances by movant and opponent, if any, are required for all hearings unless otherwise ordered by the court. The chapter 13 and 12 standing trustees are required to attend all matters upon which a hearing is held in their related chapters. Scheduled hearings on matters omitted from the court's hearing docket will be disposed of without the necessity of hearing and the parties notified of its disposition by minute entry.

G. Matters Requiring Special Setting. Matters which are not considered routine, and therefore may not be heard on motion day, include, but are not limited to, applications to approve disclosure statements, plan confirmations in chapter 11, and matters requiring (1) the presentation of evidence or (2) oral argument exceeding twenty (20) minutes. Generally, non-routine matters will include the presentation of oral testimony or other evidence, except by affidavit submitted into the record at least seven (7) days prior to hearing. Non-routine matters must be scheduled for hearing by contacting chambers. Each judge may specify the additional limitations or requirements for scheduling requests for relief on motion day by administrative procedures set forth in the Administrative Procedures Manual. The court on its own motion may reschedule a hearing on any matter to a date and time that will not delay other matters on a motion day docket.